Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA1040432
`03/06/2020
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`ESTTA Tracking number:
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`Filing date:
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding
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`92072279
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`Party
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`Correspondence
`Address
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`Plaintiff
`Nir Ron
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`ADRIANO PACIFICI
`INTELLECTUAL PROPERTY CONSULTING LLC
`334 CARONDELET STREET SUITE B
`NEW ORLEANS, LA 70130
`UNITED STATES
`apacifici@iplawconsulting.com, trademarks@iplawconsulting.com
`504-323-6600
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`Submission
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`Motion for Summary Judgment
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`Yes, the Filer previously made its initial disclosures pursuant to Trademark Rule
`2.120(a); OR the motion for summary judgment is based on claim or issue pre-
`clusion, or lack of jurisdiction.
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`The deadline for pretrial disclosures for the first testimony period as originally set
`or reset: 10/22/2020
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`Filer's Name
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`Filer's email
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`Signature
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`Date
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`Adriano Pacifici
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`apacifici@iplawconsulting.com
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`/APacifici/
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`03/06/2020
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`Attachments
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`Motion for Summary Judgment Haircube with Exhibits.pdf(674166 bytes )
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`

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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`5780133 and 5774901
`HAIRCUBE
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`In re: Registration Nos.
`For the Mark:
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`NIR RON,
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`Petitioner,
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`v.
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`LUOYANG HANGYUAN
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`E-COMMERCE CO., LTD.,
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`Registrant.
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`_______________________________________
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`Cancellation No. 92072279
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`PETITIONER’S MOTION FOR SUMMARY JUDGMENT
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`Petitioner moves for summary judgment under Federal Rule of Civil Procedure
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`56, and requests that proceedings be suspended pursuant to 37 CFR § 2.127(d). Petitioner
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`respectfully requests that the Trademark Trial and Appeal Board sustain this cancellation
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`against Registrant Luoyang Hangyuan E-commerce Co., Ltd. (cid:507)(cid:515)Registrant(cid:516)(cid:508) and cancel
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`Registrant(cid:514)s registrations for the HAIRCUBE marks.
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`I.
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`Statement of Facts
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`Petitioner(cid:514)s ”usiness and Petitioner(cid:514)s Mark.
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`Petitioner Nir Ron dba H3 Hair Cubed (cid:507)(cid:515)Petitioner(cid:516) or (cid:515)Hair Cubed(cid:516)) is engaged,
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`and has been engaged for many years, in the manufacture and sale of hair care and related
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`cosmetic products. See Exhibit A. Declaration of Nir Ron (cid:507)(cid:515)Nir Dec.(cid:516)(cid:508) at ¶ (cid:346). Petitioner
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`sells the hair care and related cosmetic products under the trademark H3 HAIR CUBED
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`

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`and under the corresponding logo
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`. Id. at ¶ 5. Petitioner previously
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`registered the
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` trademark (U.S. Registration no. 4026264) with the United
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`States Patent and Trademark Office (cid:507)(cid:515)USPTO(cid:516)(cid:508), which was cancelled on “pril (cid:344)0, (cid:344)0(cid:343)8
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`because Opposer mistakenly failed to timely file the applicable renewal documents. Id. at
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`¶ 8.
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`Upon realizing that its previous registration was cancelled, on May 24, 2019,
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`Petitioner applied for the composite mark
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` (Serial no. 88446156) at the
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`USPTO in international class 003 with a first use in commerce as of May 2008 for the
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`following goods:
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`(cid:515)Cosmetic hair filling Hair thickener spray, hair fiber, Cosmetic hair
`dressing preparations, Cosmetic hair
`regrowth
`inhibiting
`preparations; Cosmetic preparations for the hair and scalp,
`Exfoliants for hair, Hair care creams, Hair care kits comprising non-
`medicated hair care preparations, Hair care lotions; Hair care
`preparations, Hair
`cleaning preparations, Hair
`coloring
`preparations, Hair colouring preparations, Hair conditioner, Hair
`conditioners, Hair creams, Hair pomades, Hair products, namely,
`thickening control creams, Hair rinses, Hair shampoo, Hair
`shampoos and conditioners, Hair spray, Hair sprays, Hair sprays
`and hair gels, Hair styling preparations; Hair tonic, Hair tonics,
`Lotions for hair, Mousse for hair, Non-medicated hair restoration
`lotions, Non-medicated hair treatment preparations for cosmetic
`purposes, Non-medicated preparations all for the care of skin, hair
`and scalp for covering bald and thinning spots on the scalp(cid:516).
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`Page 2 of 12
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`(hereinafter referred to as (cid:515)Petitioner(cid:514)s Mark(cid:516)(cid:508). See Exhibit A. Nir Dec. at ¶ 10.1 The
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`priority date claimed in Petitioner(cid:514)s Mark is March 2008. Id. at ¶ 9.
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`Petitioner also asserts common law trademark rights to both the marks (cid:515)Haircube(cid:516)
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`and (cid:515)Haircubed(cid:516). See Exhibit A. Nir Dec. at ¶¶ 5 – 7. Petitioner has owned both domain
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`names www.haircube.com and www.hairbued.com since at least as early as 2006. See id.
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`at ¶ 6.
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`Registrant and Registrant(cid:514)s Marks.
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`Registrant Luoyang Hangyuan E-commerce Co., Ltd. Chinese limited liability
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`company selling a variety of cosmetic and medicated products. On November 5, 2018,
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`Registrant applied to register the HAIRCUBE mark in standard character (Registration
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`number 5780133) in international class 003 with an alleged first use in commerce as of
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`September 01, 2018 for the following goods:
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`Colognes, perfumes and cosmetics; Cosmetic hand creams; Cosmetic
`oils; Cosmetic preparations for body care; Cosmetic suntan lotions;
`Cosmetics; Face creams for cosmetic use; Facial masks; Lip stains;
`Lipstick; Make-up removing lotions; Nail paint; Nail polish remover
`pens; Pre-moistened cosmetic wipes; Cleansing creams; Cosmetic
`creams for skin care; Cosmetic preparations for protecting the skin
`from the sun's rays; Cosmetic preparations for removing gel nails,
`acrylic nails, and nail polish; Cosmetic products in the form of
`aerosols for skincare; Cosmetics for children.
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`This application was registered on June 18, 2019.
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`A true and correct copy of the current print out from the electronic database records of the USPTO
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`for Petitioner(cid:514)s Mark is attached hereto as Exhibit B.
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`Page 3 of 12
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`On November 5, 2018, Registrant also applied to register the HAIRCUBE mark in
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`standard character (Registration number 5774901) in international class 005 with an
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`alleged first use in commerce as of September 01, 2018 for the following goods:
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`Aerosol dispensers for medical use sold filled with hair growth
`stimulants; Analgesics; Anti-inflammatories; Cytostatics for medical
`purposes; Hair growth stimulants; Human growth hormone;
`Medical plasters; Medicated hair care preparations; Medicated hair
`serums; Medicated skin soap; Medicinal herbs; Medicinal oils;
`Medicinal preparations for stimulating hair growth; Sterilizing
`preparations; Sticking plasters for medical use; Dietetic foods
`adapted for medical purposes; Medicated balms for treatment of
`hair; Medicated lotions for hair; Medicated serums for treatment of
`hair; Medicinal hair growth preparations.
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`This application was registered on June 11, 2019. The HAIRCUBE registration nos.
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`5774901 and 5780133 are hereinafter referred to as (cid:515)Registrant(cid:514)s Marks(cid:516).2
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`TTAB Action.
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`On September 12, 2019, Petitioner commenced Cancellation Proceeding No.
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`92072279 at the Trademark Trial and “ppeal ”oard seeking to cancel Registrant(cid:514)s Marks.
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`“s grounds for Petitioner(cid:514)s cancellation, Petitioner alleges that Registrant(cid:514)s registrations
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`of Registrant(cid:514)s Marks are likely to cause confusion with Petitioner(cid:514)s Mark.
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`Based on facts alleged in Petitioner(cid:514)s Petition for Cancellation, Petitioner
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`concludes that is has prior and superior rights in the mark
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` over
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`True and correct copies of the current print outs from the electronic database records of the USPTO
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`for Registrant(cid:514)s Marks are attached hereto as Exhibit C.
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`Page 4 of 12
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`Registrant(cid:514)s rights in Registrant(cid:514)s Marks. (cid:507)Petitioner(cid:514)s Petition for Cancellation ¶¶ 14 -
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`18).
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`II.
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`Argument.
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`The Federal Rules of Civil Procedure generally apply to Trademark Trial and
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`“ppeal ”oard proceedings. (cid:345)(cid:349) C.F.R. § (cid:344).(cid:343)(cid:343)(cid:348)(cid:507)a(cid:508). The ”oard therefore (cid:515)shall grant
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`summary judgment if the movant shows that there is no genuine dispute as to any
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`material fact and the movant is entitled to judgment as a matter of law.(cid:516) Fed. R. Civ. P.
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`56(a). (cid:515)In other words, the court properly grants summary judgment if no reasonable
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`jury could return a verdict for the non-moving party.(cid:516) Amgen Inc. v. F. Hoffmann-La Roche,
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`Ltd., 580 F.3d 1340, 1352 (Fed. Cir. 2009) (citing Anderson v. Liberty Lobby, Inc., 477 U.S.
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`242, 248 (1986)). (cid:515)The basic purpose of summary judgment procedure is one of judicial
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`economy – to save the time and expense of a full trial when it is unnecessary because the
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`essential facts necessary to decision of the issue can be adequately developed by less
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`costly procedures.(cid:516) Pure Gold, Inc. v. Syntex (U.S.A.), Inc., 739 F.2d 624, 626 (Fed. Cir.
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`1984). Here, there are no genuine disputes as to any material fact that would preclude
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`summary judgment.
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`A.
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`Priority.
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`There is no genuine issue with respect to priority when a party in a Board
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`proceeding holds a valid pending U.S. trademark application with a priority date that is
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`prior to the date of first use upon which the other party can rely. See Aktieselskabet AF 21.
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`Page 5 of 12
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`November 2001 v. Fame Jeans, Inc., 77 U.S.P.Q.2D 1861, 1862, 1864 (T.T.A.B. 2006) (no
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`genuine issue that applicant(cid:514)s earlier-filed trademark application has priority over
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`opposer(cid:514)s later-filed application for mark not in use prior to applicant(cid:514)s filing date).
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`Petitioner clearly has priority to Petitioner(cid:514)s Mark. Petitioner has been actively
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`using Petitioner(cid:514)s Mark in commerce since at least as early as March (cid:344)008. See Exhibit A.
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`Nir Dec. at ¶ 7. There has been no interruption in Petitioner(cid:514)s use of Petitioner(cid:514)s Mark.
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`See id. As such, Petitioner has used in commerce Petitioner(cid:514)s Mark for at least ten (10)
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`more years than Registrant has used Registrant(cid:514)s Marks in commerce.
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`Based on the foregoing, it is undisputed that Petitioner has seniority and priority
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`to Petitioner(cid:514)s Mark. “ccordingly, Petitioner is entitled to summary judgment with
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`respect to its priority claim.
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`B.
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`Registrant’s Marks are Confusingly Similar to Petitioner’s Mark.
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`In assessing the likelihood of confusion, the Board considers the now classic
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`factors discussed in In re E. I. DuPont de Nemours & Co., 177 U.S.P.Q. 563, 567 (C.C.P.A.
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`(cid:343)(cid:351)(cid:349)(cid:345)(cid:508) (cid:507)the (cid:515)DuPont factors(cid:516)(cid:508)(cid:498) see also Palm Bay Imports, Inc. v. Veuve Clicquot Ponsardin
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`Maison Fondee En 1772, 73 U.S.P.Q 2d 1689, 1691 (Fed. Cir. 2005); Carl Karcher Enters, Inc.
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`v. Stars Rests. Corp., 35 U.S.P.Q.2d. 1125, 1128 (T.T.A.B. 1995). The DuPont factors that are
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`pertinent to this proceeding include the (i) similarity of the marks; (ii) similarity of the
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`goods or services; and (iii) similarity of channels of trade.
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`Page 6 of 12
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`“n Examining “ttorney at the USPTO has already determined that Registrant(cid:514)s
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`Marks are confusingly similar to Petitioner(cid:514)s Mark. See Exhibit D. The Office Action
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`Received by Petitioner. Petitioner asserts that the Examining “ttorney(cid:514)s determination of
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`confusion is valid and reiterates these findings below.
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`i.
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`Similarity of the Marks
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`The Examining Attorney stated, and Petitioner agrees, that:
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`(cid:515)In this case, Reg. Nos. 5780133 and 5774901, as well as applicant,
`contain the word (cid:515)H“IR(cid:516) and the word (cid:515)CU”E(cid:516) … “lthough marks
`are compared in their entireties, one feature of a mark may be more
`significant or dominant in creating a commercial impression …
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`As to Reg. Nos. 5780133 and 5774901, as discussed above, the marks
`all share the wording (cid:515)H“IR(cid:516) and (cid:515)CU”E(cid:516). Registrant(cid:514)s mark
`appears as compound word while applicant(cid:514)s mark appears with a
`space between the wording and an additional letter. The addition of
`one letter does not obviate likelihood of confusion in this case, and
`the addition of (cid:515)H(cid:345)(cid:516) also cannot obviate it. “dding a term to a
`registered mark generally does not obviate the similarity between
`the compared marks, as in the present case, nor does it overcome a
`likelihood of confusion under Section 2(d). See Coca-Cola Bottling Co.
`v. Jos. E. Seagram & Sons, Inc., 526 F.2d 556, 557, 188 USPQ 105, 106
`(C.C.P.A. 1975) (finding BENGAL and BENGAL LANCER and
`design confusingly similar); In re Toshiba Med. Sys. Corp., 91 USPQ2d
`1266, 1269 (TTAB 2009) (finding TITAN and VANTAGE TITAN
`confusingly similar); In re El Torito Rests., Inc., 9 USPQ2d 2002, 2004
`(TTAB 1988) (finding MACHO and MACHO COMBOS confusingly
`similar); TMEP §1207.01(b)(iii). In the present case, the marks are
`identical in part. Lastly, given applicant(cid:514)s identification of goods
`being goods specifically designed for hair care, it is likely that the
`(cid:515)H(cid:516) in applicant(cid:514)s mark stands for HAIR and is thus nearly identical
`to registrant(cid:514)s marks
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`Page 7 of 12
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`“ccordingly, in this case, the mark (cid:515)H3 HAIR CUBED(cid:516) offers the
`same commercial impression as the registered … HAIRCUBE
`marks. For this reason, the marks are confusingly similar.
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`See Exhibit D.
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`”ased on the foregoing, Petitioner agrees with the Examining “ttorney(cid:514)s
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`determination that the marks (cid:515)H3 HAIR CUBED(cid:516) and (cid:515)HAIRCUBE(cid:516) are confusingly
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`similar and this factor in the DuPont test should weigh strongly in favor of finding a
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`likelihood of confusion between Petitioner(cid:514)s Mark and Registrant(cid:514)s Marks.
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`ii.
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`Similarity of the Goods & Services
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`This factor examiners the similarity of the goods and services offered under the
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`parties(cid:514) respective marks, as described in their trademark applications/registrations. Nat’l
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`Football League v. Jasper Alliance Corp., 16 U.S.P.Q.2d. 1212, 1215 (T.T.A.B. 1990). Goods &
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`services do not have to be identical or even competitive in order to find that there is a
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`likelihood of confusion – although here, there is a direct overlap between the parties(cid:514)
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`goods and services. Id. It is only necessary that the goods and services be related in such
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`a way that consumers are likely to believe the products come from the same source. Id.
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`Here, Petitioner(cid:514)s (cid:515)H3 H“IR CU”ED(cid:516) application covers a variety of hair care and
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`related cosmetic products in international class 3. Registrant(cid:514)s Marks cover, in relevant
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`part, the following related goods in class 3(cid:497) (cid:515)Cosmetic preparations for body care and
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`Cosmetic products in the form of aerosols for skincare(cid:516) and relevant goods in class 5:
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`(cid:515)Aerosol dispensers for medical use sold filled with hair growth stimulants; Hair growth
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`Page 8 of 12
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`stimulants; Medicated hair care preparations; Medicated hair serums; Medicinal
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`preparations for stimulating hair growth; Medicated balms for treatment of hair;
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`Medicated lotions for hair; Medicated serums for treatment of hair; Medicinal hair
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`growth preparations. See Exhibits B and C.
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`“gain, Petitioner refers to the office action and agrees with the Examiner(cid:514)s
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`determination of relatedness between the goods covered in Petitioner(cid:514)s Mark and the
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`goods identified in Registrant(cid:514)s Marks: (cid:515)[t]he attached Internet evidence, consisting of
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`screenshots from websites of third party retailers, establishes that the same entity
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`commonly manufactures medicated hair care products and non-medicated hair care
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`products and markets the goods under the same mark(cid:516). See Exhibit D. Furthermore,
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`Petitioner also agrees with the Examiner(cid:514)s assessment that(cid:497)
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`To the extent the evidence may not address all of the items in applicant(cid:514)s
`identification, relatedness does not have to be established for every good or
`service. It is sufficient for a finding of likelihood of confusion if relatedness
`is established for any or some item(s) encompassed by the identification
`within a particular class in an application. Tuxedo Monopoly, Inc. v. General
`Mills Fun Group, 648 F.2d 1335, 209 USPQ 986, 988 (CCPA 1981). In this case,
`relatedness has been established for many of the identified items, which is
`enough to show a likelihood of confusion.
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`See id.
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`Finally, Petitioner contends that the products covered by its application for hair
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`care and related products can also be classified as (cid:515)cosmetics(cid:516). See Exhibit A. Nir Dec. at
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`¶ 4. As such, there is a direct overlap between the cosmetic products covered in
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`Page 9 of 12
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`Registrant(cid:514)s registration no. (cid:347)(cid:349)80(cid:343)(cid:345)(cid:345) in Class (cid:345) and the products covered in Petitioner(cid:514)s
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`Mark. See Exhibits B and C.
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`Based on the foregoing analysis and the evidence that the same entity often
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`manufactures medicated hair care products and non-medicated hair care products and
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`then markets those goods under the same mark, Petitioner(cid:514)s goods are at worst nearly-
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`identical, and at best identical, to the goods identified in Registrant(cid:514)s Marks.
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`This DuPont factor weighs strongly in favor of finding a likelihood of confusion
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`between Petitioner(cid:514)s Mark and Registrant(cid:514)s Marks.
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`iii.
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`Channels of Trade
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`It is well settled that, where a trademark application or registration describes
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`goods or services broadly, without limitations, it is presumed that the goods or services
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`in that application or registration move in all normal channels of trade. See, e.g., In re
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`Linkvest S.A., (cid:344)(cid:346) U.S.P.Q.(cid:344)d at (cid:343)(cid:349)(cid:343)(cid:348), (cid:343)(cid:349)(cid:343)(cid:348) (cid:507)T.T.“.”. (cid:343)(cid:351)(cid:351)(cid:344)(cid:508) (cid:507)where a registrant(cid:514)s goods are
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`broadly identified as (cid:515)computer programs recorded on magnetic disks,(cid:516) without any
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`limitation, it is necessary to assume that the registrant(cid:514)s goods travel in the same channels
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`of trade and are available to all classes of prospective purchasers of those goods as the
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`cited mark).
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`Further, (cid:515)it is well established that, (cid:513)absent restrictions in the application and
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`registration, goods and services are presumed to travel in the same channels of trade to
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`the same class of purchasers.(cid:514)(cid:516) In re Viterra Inc., 671 F.3d 1358, 1362 (Fed. Cir. 2012) citing
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`Page 10 of 12
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`Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1268 (Fed.Cir.2002) (citing CBS
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`Inc. v. Morrow, 708 F.2d 1579, 1581 (Fed.Cir.1983)).
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`Here, as there are no restrictions in either parties(cid:514) respective application and
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`registrations, the parties(cid:514) respective goods are presumed to travel in the same channels
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`of trade and to the same class of purchasers. As such, the relevant consumers of
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`Petitioner(cid:514)s hair care products and the relevant consumers of Registrant(cid:514)s hair care
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`products are likely to encounter the parties(cid:514) respective goods through the same channels
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`of trade.
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`This DuPont factor weighs strongly in favor of finding a likelihood of confusion
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`between Petitioner(cid:514)s Mark and Registrant(cid:514)s Marks.
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`****
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`In summary, Petitioner has priority to Petitioner(cid:514)s Mark and application of the
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`DuPont factors to the respective marks and goods/services at issue here, compels the
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`conclusion that there is a likelihood of confusion as to the registration Petitioner is seeking
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`to cancel herein. Petitioner maintains its agreement with the Examining “ttorney(cid:514)s
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`assessment that there is a strong likelihood of confusion between Registrant(cid:514)s Marks and
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`Petitioner(cid:514)s Mark.
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`Conclusion
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`This Consolidated Cancellation proceeding was necessitated simply because
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`Petitioner, mistakenly, forgot to renew its prior registration. Had that registration been
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`Page 11 of 12
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`renewed, Petitioner contends that a likelihood of confusion refusal would have been
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`issued against registration of Registrant(cid:514)s Marks. The continued registration of
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`Registrant(cid:514)s Marks is causing harm to Petitioner(cid:514)s business.
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`For all of the foregoing reasons, the ”oard should grant Petitioner(cid:514)s Motion for
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`Summary Judgment and sustain this Consolidated Cancellation.
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`Dated: March 6, 2020.
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`RESPECTFULLY SUBMITTED,
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`Adriano Pacifici
`INTELLECTUAL PROPERTY CONSULTING, LLC
`334 Carondelet Street, Suite B
`New Orleans, Louisiana 70130
`Phone: (504) 322.7166
`Fax: (504) 322.7184
`apacifici@iplawconsulting.com
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`ATTORNEY FOR PETITIONER NIR RON
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`Certificate of Service
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`I certify that on this 6th day of March, 2020, a copy of the foregoing Petitioner(cid:514)s
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`Motion For Summary Judgment has been served upon counsel for Petitioner via the email
`address of record.
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` Adriano Pacifici
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`Page 12 of 12
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`EXHIBIT A
`EXHIBIT A
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`DECLARATION OF NIR RON
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`I, Nir Ron, declare as follows:
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`1.
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`I am owner of the
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` trademark application (Serial no.
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`88446156) and Hair Cubed company (cid:507)(cid:515)Hair Cubed(cid:516)(cid:508).
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`2.
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`I am over the age of majority, am competent to testify, and have personal
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`knowledge of the facts stated herein.
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`3.
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`I filed the Consolidated Petition for Cancellation (Proceeding no. 92072279)
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`(cid:507)(cid:515)Petitioner(cid:516)(cid:508) seeking to cancel the HAIRCUBD trademark registrations.
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`4.
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`Petitioner is engaged, and has been engaged for many years, in the
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`manufacture and sale of hair care and related cosmetic products.
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`5.
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`The Hair Cubed company has existed since March 2008 and sells various
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`hair care and related cosmetic products under the standard character and design marks
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`(cid:515)H(cid:345) Hair Cubed(cid:516), (cid:515)Hair Cubed(cid:516), and (cid:515)Hair Cube(cid:516).
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`6.
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`Petitioner has owned the domain names www.haircube.com and
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`www.haircubed.com since at least as early as 2006. See Exhibit A.
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`7.
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`Petitioner has been actively and continuously using the word and design
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`mark (cid:515)H(cid:345) Hair Cubed(cid:516) since at least as early as March (cid:344)008.
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`[1]
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`8.
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`Hair Cubed previously registered the
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` trademark (U.S.
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`Registration no. 4026264) (the (cid:515)Previous Registration(cid:516)(cid:508), which was mistakenly cancelled
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`when I forgot to timely file the appropriate renewal documents.
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`9.
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`Upon realizing that the Previous Registration was cancelled, I took the
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`appropriate steps to re-register the
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` mark, which has been continuously
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`used since at least as early as May 2008.
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`10.
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`Petitioner applied for the composite mark
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` (Serial no.
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`88446156) in international class 003 for the following goods: (cid:515)Cosmetic hair filling Hair
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`thickener spray, hair fiber, Cosmetic hair dressing preparations, Cosmetic hair regrowth
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`inhibiting preparations; Cosmetic preparations for the hair and scalp, Exfoliants for hair,
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`Hair care creams, Hair care kits comprising non-medicated hair care preparations, Hair
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`care lotions; Hair care preparations, Hair cleaning preparations, Hair coloring
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`preparations, Hair colouring preparations, Hair conditioner, Hair conditioners, Hair
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`creams, Hair pomades, Hair products, namely, thickening control creams, Hair rinses,
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`Hair shampoo, Hair shampoos and conditioners, Hair spray, Hair sprays, Hair sprays
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`and hair gels, Hair styling preparations; Hair tonic, Hair tonics, Lotions for hair, Mousse
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`for hair, Non-medicated hair restoration lotions, Non-medicated hair treatment
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`[2]
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`preparations for cosmetic purposes, Non-medicated preparations all for the care of skin,
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`hair and scalp for covering bald and thinning spots on the scalp(cid:516).
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`11.
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`Petitioner provides its hair care and related cosmetic products through a
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`variety of channels of trade, including:
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`a. Online Retail Stores – haircube.com; haircubed.com; Amazon.com;
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`Ebay.com; Facebook; Walmart.com; Sears.com; and Smartdirect.com;
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`b. Retail Stores – The HairCubed Store at 3950 Laurel Grove Ave,
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`Studio City, Los Angeles, CA 91604; and
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`c. Wholesale Distribution.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Executed on this 2nd day of March, 2020
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`___________________
`By:
`Nir Ron
`Hair Cubed
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`[3]
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`EXHIBIT B
`EXHIBIT B
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`

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`Generated on: This page was generated by TSDR on 2020-03-05 15:54:14 EST
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`Mark: H3 HAIR CUBED
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`US Serial Number: 88446156
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`Filed as TEAS RF: Yes
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`Register: Principal
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`Mark Type: Trademark
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`TM5 Common Status
`Descriptor:
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`Application Filing
`Date:
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`May 24, 2019
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`Currently TEAS RF: Yes
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`LIVE/APPLICATION/Under Examination
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`The trademark application has been accepted by the Office (has met the
`minimum filing requirements) and that this application has been assigned to
`an examiner.
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`Status: An Office action suspending further action on the application has been sent (issued) to the applicant. To view all documents in this file,
`click on the Trademark Document Retrieval link at the top of this page.
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`Status Date: Mar. 02, 2020
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` 
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`Mark Literal
`Elements:
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`H3 HAIR CUBED
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`Standard Character
`Claim:
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`No
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`Mark Information
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`Mark Drawing
`Type:
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`Description of
`Mark:
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`3 - AN ILLUSTRATION DRAWING WHICH INCLUDES WORD(S)/ LETTER(S)/NUMBER(S)
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`The mark consists of the wording "H3", with the "H" in white outlined in red, and with the "3" appearing in red with white at the right
`edge of the "3" making it look three-dimensional. The "H3" appears above the wording "HAIR CUBED" in white; one horizontal line in
`white underneath "H3" and one horizontal line in white below the 'HAIR CUBED"; all with a black background."
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`Color Drawing: Yes
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`Color(s) Claimed: The color(s) Red, Black and White are claimed as a feature of the mark.
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`Disclaimer: "HAIR"
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`Design Search
`Code(s):
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`26.17.01 - Bands, straight; Bars, straight; Lines, straight; Straight line(s), band(s) or bar(s)
`26.17.05 - Bands, horizontal; Bars, horizontal; Horizontal line(s), band(s) or bar(s); Lines, horizontal
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`Goods and Services
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`Note:
`The following symbols indicate that the registrant/owner has amended the goods/services:
`Brackets [..] indicate deleted goods/services;
`Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`Asterisks *..* identify additional (new) wording in the goods/services.
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`For: Cosmetic hair filling sprays and fibers for covering bald and thinning spots on the scalp; Hair thickener spray; Cosmetic hair dressing
`preparations; Cosmetic hair regrowth inhibiting preparations; Cosmetic preparations for the hair and scalp; Non-medicated exfoliating
`preparations for hair; Hair care creams; Hair care kits comprising non-medicated hair care preparations, namely, shampoos, hair loss
`capsules, gels, conditioners, hair spray, and shine spray; Hair care lotions; Hair care preparations; Hair cleaning preparations; Hair
`coloring preparations; Hair conditioners; Hair creams; Hair pomades; Hair products, namely, thickening control creams; Hair rinses;
`Hair shampoo; Hair shampoos and conditioners; Hair spray; Hair spray and hair gels; Hair styling preparations; Hair tonic; Hair tonics;
`Non-medicated lotions for hair; Hair mousse; Non-medicated hair restoration lotions; Non-medicated hair treatment preparations for
`cosmetic purposes; Non-medicated preparations all for the care of skin, hair and scalp
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`International
`Class(es):
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`003 - Primary Class
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`Class Status: ACTIVE
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`Basis: 1(a)
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`U.S Class(es): 001, 004, 006, 050, 051, 052
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`First Use: Sep. 11, 2007
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`Use in Commerce: Mar. 2008
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`Used Anywhere in
`Another Form:
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`The mark was first used anywhere in a different
`form other than that sought to be registered at
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`Used in Commerce
`in Another Form:
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`The mark was first used in commerce in a
`different form other than that sought to be
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`

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`least as early as 09/11/2007
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`registered at least as early as 03/00/2008
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`Basis Information (Case Level)
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`Filed Use: Yes
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`Filed ITU: No
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`Filed 44D: No
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`Filed 44E: No
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`Filed 66A: No
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`Filed No Basis: No
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`Currently Use: Yes
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`Currently ITU: No
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`Currently 44E: No
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`Currently 66A: No
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`Currently No Basis: No
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`Current Owner(s) Information
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`Owner Name: Ron Nir
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`DBA, AKA,
`Formerly:
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`DBA H3 Hair Cubed
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`Owner Address: 3950 Laurel Grove Ave
`3950 Laurel Grove Ave
`Studio City, CALIFORNIA UNITED STATES 91604
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`Legal Entity Type: INDIVIDUAL
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`Citizenship: UNITED STATES
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`Attorney/Correspondence Information
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`Attorney Name: Adriano Pacifici
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`Attorney Primary
`Email Address:
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`apacifici@iplawconsulting.com
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`Attorney of Record
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`Docket Number: 01015
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`Attorney Email
`Authorized:
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`Yes
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`Correspondent
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`Correspondent
`Name/Address:
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`Adriano Pacifici
`Intellectual Property Consulting, LLC
`334 CARONDELET STREET
`SUITE B
`NEW ORLEANS, LOUISIANA UNITED STATES 70130
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`Phone: 504-323-6600
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`Correspondent e-
`mail:
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`apacifici@iplawconsulting.com creid@iplawconsul
`ting.com
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`Correspondent e-
`mail Authorized:
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`Yes
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`Domestic Representative - Not Found
`Prosecution History
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`Date
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`Description
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`Mar. 02, 2020
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`NOTIFICATION OF LETTER OF SUSPENSION E-MAILED
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`Mar. 02, 2020
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`LETTER OF SUSPENSION E-MAILED
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`Mar. 02, 2020
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`SUSPENSION LETTER WRITTEN
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`Mar. 02, 2020
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`EXAMINER'S AMENDMENT ENTERED
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`Mar. 02, 2020
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`NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED
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`Mar. 02, 2020
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`EXAMINERS AMENDMENT E-MAILED
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`Mar. 02, 2020
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`EXAMINERS AMENDMENT -WRITTEN
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`Feb. 18, 2020
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`TEAS CHANGE OF CORRESPONDENCE RECEIVED
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`Feb. 18, 2020
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`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
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`Feb. 18, 2020
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`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
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`Feb. 18, 2020
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`TEAS/EMAIL CORRESPONDENCE ENTERED
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`Feb. 18, 2020
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`CORRESPONDENCE RECEIVED IN LAW OFFICE
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`Feb. 18, 2020
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`TEAS RESPONSE TO OFFICE ACTION RECEIVED
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`Aug. 20, 2019
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`NOTIFICATION OF NON-FINAL ACTION E-MAILED
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`Aug. 20, 2019
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`NON-FINAL ACTION E-MAILED
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`Aug. 20, 2019
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`NON-FINAL ACTION WRITTEN
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`Aug. 13, 2019
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`ASSIGNED TO EXAMINER
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`Proceeding
`Number
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`6332
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`6332
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`94643
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`88888
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`6328
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`6328
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`94643
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`88889
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`88889
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`6325
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`6325
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`94643
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`94643
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`Jun. 11, 2019
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`NOTICE OF DESIGN SEARCH CODE E-MAILED
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`Jun. 10, 2019
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`NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
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`May 28, 2019
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`NEW APPLICATION ENTERED IN TRAM
`TM Staff and Location Information
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`TM Attorney: RIOS, SASHA BOSHART
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`Current Location: TMO LAW OFFICE 125 - EXAMINING
`ATTORNEY ASSIGNED
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`TM Staff Information
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`Law Office
`Assigned:
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`LAW OFFICE 125
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`File Location
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`Date in Location: Mar. 02, 2020
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`Proceedings
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`Summary
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`Number of
`Proceedings:
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`2
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`Type of Proceeding: Cancellation
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` 
`
`Proceeding
`Number:
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`92072251
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`Status: Pending
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`Interlocutory
`Attorney:
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`ANN LINNEHAN VOGLER
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`Filing Date: Sep 12, 2019
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`Status Date: Sep 12, 2019
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`Defendant
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`Name: H3 Hair Health Happiness LLC
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`Correspondent
`Address:
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`H3 HAIR HEALTH HAPPINESS LLC
`601 BOONES LICK RD
`ST. CHARLES MO UNITED STATES , 63301
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`hairhealthhappiness@gmail.com
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`Correspondent e-
`mail:
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`Associated marks
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`Mark
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`H3 HAIR HEALTH HAPPINESS
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`Name: Nir Ron
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`Application Status
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`Cancellation Pending
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`Plaintiff(s)
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`Correspondent
`Address:
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`ADRIANO PACIFICI
`INTELLECTUAL PROPERTY CONSULTING LLC
`334 CARONDELET STREET, SUITE B
`NEW ORLEANS LA UNITED STATES , 70130
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`Correspondent e-
`mail:
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`Associated marks
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`Mark
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`H3 HAIR CUBED
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`apacifici@iplawconsulting.com , trademarks@iplawconsulting.com
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`Application Status
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`Suspension Letter - Mailed
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`Prosecution History
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`Entry Number
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`History Text
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`FILED AND FEE
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`NOTICE AND TRIAL DATES SENT; ANSWER DUE:
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`INSTITUTED
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`ANSWER
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`TRIAL DATES REMAIN AS SET
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`1
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`2
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`3
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`4
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`5
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`Proceeding
`Number:
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`92072279
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`Type of Proceeding: Cancellation
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`Filing Date: Sep 12, 2019
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`Serial
`Number
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`Registration
`Number
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`88065640
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`5785534
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`Serial
`Number
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`88446156
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`Registration
`Number
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`Due Date
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`Oct 22, 2019
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`Date
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`Sep 12, 2019
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`Sep 12, 2019
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`Sep 12, 2019
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`Oct 21, 2019
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`Oct 22, 2019
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`

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`Status: Pending
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`Status Date: Feb 10, 2020
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`Interlocutory
`Attorney:
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`REBECCA J STEMPIEN_COYLE
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`Name: Luoyang Hangyuan E-commerce Co., Ltd.
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`Correspondent
`Address:
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`FRANCIS H KOH
`KOH LAW FIRM LLC
`4800 HAM