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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1002784
`
`Filing date:
`
`09/18/2019
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Petition for Cancellation
`
`Notice is hereby given that the following party has filed a petition to cancel the registration indicated below.
`
`Petitioner Information
`
`Name
`
`Entity
`
`Address
`
`Attorney informa-
`tion
`
`A Mothers Touch Movers LLC
`
`Limited liability company
`
`Citizenship
`
`Florida
`
`500 North Drive, Suite 6
`Melbourne, FL 32934
`UNITED STATES
`
`Allison R. Imber, Esq.
`Allen, Dyer, Doppelt & Gilchrist, PA
`255 South Orange Avenue, Suite 1401
`Orlando, FL 32801
`UNITED STATES
`aimber@allendyer.com, skemraj@allendyer.com
`4078412330
`
`Registration Subject to Cancellation
`
`Registration No.
`
`5067448
`
`Registration date
`
`10/25/2016
`
`Registrant
`
`A Woman's Touch Moving
`5100 Forest Hill Ave
`Richmond, VA 23225
`UNITED STATES
`Email: support@awomanstouchmoving.com
`
`Goods/Services Subject to Cancellation
`
`Class 039. First Use: 2006/05/01 First Use In Commerce: 2006/05/01
`All goods and services in the class are subject to cancellation, namely: Moving and storage of goods;
`Moving company services
`
`Grounds for Cancellation
`
`Priority and likelihood of confusion
`
`Trademark Act Sections 14(1) and 2(d)
`
`Mark Cited by Petitioner as Basis for Cancellation
`
`U.S. Application
`No.
`
`88388038
`
`Application Date
`
`04/16/2019
`
`Registration Date
`
`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`A MOTHER'S TOUCH MOVERS
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 039. First use: First Use: 1993/06/08 First Use In Commerce: 1993/06/08
`Commercial and residential moving services;, namely, the provision of vehicles
`and labor for packing, loading, transport, delivery, and unloading of goods; Mov-
`ing and relocation services, namely, theplanning, implementing, project over-
`sight, management, and execution of residential and commercial moves for oth-
`ers
`
`Attachments
`
`88388038#TMSN.png( bytes )
`17M3564.PDF(107870 bytes )
`
`Signature
`
`/Allison R. Imber, Esq./
`
`Name
`
`Date
`
`Allison R. Imber, Esq.
`
`09/18/2019
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`In the Matter of Trademark Registration No. 5,067,448
`for the Mark A WOMAN’S TOUCH MOVING
`
` A
`
` Mothers Touch Movers LLC,
`
`
`
`vs.
`
`Petitioner,
`
`
`
` Woman’s Touch Moving,
`
`Respondent.
`
`
`
`
`
` A
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Cancellation No: ____________________
`
`/
`
`PETITION TO CANCEL
`
`A Mothers Touch Movers LLC (“Petitioner”), a Florida Limited Liability Company with
`
`an address at 500 North Drive, Suite 6, Melbourne, Florida 32934, believes that it will be damaged
`
`by the continued registration of the mark A WOMAN’S TOUCH MOVING as shown in U.S.
`
`Trademark Registration No. 5,067,448 (“Respondent’s Registration”) owned by A Woman’s
`
`Touch Moving (“Respondent”), which is purportedly used in connection with services in
`
`International Class 39, and hereby petitions to cancel the registration.
`
`The grounds for the petition are as follows:
`
`PETITIONER’S MARK
`
`1.
`
`Since at least as early as June 8, 1993, Petitioner has used the mark A MOTHER’S
`
`TOUCH MOVERS (“Petitioner’s Mark”) in commerce in connection with a variety of moving
`
`services, including “commercial and residential moving services, namely, the provision of vehicles
`
`and labor for packing, loading, transport, delivery, and unloading of goods; moving and relocation
`
`services, namely, the planning, implementing, project oversight, management, and execution of
`
`residential and commercial moves for others” (collectively, “Petitioner’s Services”).
`
`

`

`2.
`
`Petitioner has expended significant resources in promoting its Services offered
`
`under the mark A MOTHER’S TOUCH MOVERS. Consumers have come to rely on the mark
`
`A MOTHER’S TOUCH MOVERS to identify Petitioner’s Services and to distinguish them from
`
`the services of its competitors. As such, Petitioner maintains valuable trademark rights in the mark
`
`A MOTHER’S TOUCH MOVERS and the goodwill it symbolizes.
`
`3.
`
`In connection with these uses, Petitioner is the owner of U.S. Trademark
`
`Application Serial No. 88/388038 for the mark A MOTHER’S TOUCH MOVERS as used in
`
`connection with Petitioner’s Services.
`
`RESPONDENT’S REGISTRATION
`
`4.
`
`Based on information and belief, Respondent is a Virginia corporation with an
`
`address at 5100 Forest Hill Ave., Richmond, Virginia 23225.
`
`5.
`
`Respondent is the listed owner of Respondent’s Registration for the mark A
`
`WOMAN’S TOUCH MOVING (“Respondent’s Mark”) as specified for use in connection with
`
`“moving and storage of goods; moving company services” (collectively, “Respondent’s
`
`Services”).
`
`6.
`
`The application that matured into Respondent’s Registration was filed for on
`
`January 28, 2016 based on the Respondent’s alleged use of the mark in commerce since at least as
`
`early as May 1, 2006.
`
`GROUNDS FOR CANCELLATION
`
`PRIORITY AND LIKELIHOOD OF CONFUSION
`
`The allegations contained in paragraphs 1-6 above are incorporated herein by
`
`I.
`
`7.
`
`reference.
`
`2
`
`

`

`8.
`
`Petitioner’s use of Petitioner’s Mark in commerce pre-dated Respondent’s first use
`
`of Respondent’s Mark in commerce, as well as the filing date of its application for Respondent’s
`
`Registration. Therefore, Petitioner has priority of use of its Mark over that of Respondent’s use of
`
`its Mark.
`
`9.
`
`Respondent’s Mark is confusingly and deceptively similar to Petitioner’s Mark.
`
`Respondent’s Mark is confusingly similar in sight, connotation, and commercial impression to
`
`Petitioner’s Mark.
`
`10.
`
`Respondent’s Services are identical to or closely related to Petitioner’s Services.
`
`Consumers are likely to believe that Respondent and its Services are somehow sponsored by,
`
`affiliated with and/or related to Petitioner and its Services.
`
`11.
`
`Respondent’s channels of trade and class of purchasers are identical to or very
`
`similar to those of Petitioner.
`
`12.
`
`Due to the similarity between Petitioner’s Mark and Respondent’s Mark, as well as
`
`their respective Services, not to mention the similarity of the channels of trade and classes of
`
`purchasers, the continued registration of Respondent’s Mark will cause great damage and injury
`
`to Petitioner. Persons familiar with Petitioner’s Mark and Services would likely confuse
`
`Respondent’s Services with Petitioner’s Services. Any defect, objection or fault found with
`
`Respondent’s Services offered under its Mark may reflect upon and expose Petitioner to liability,
`
`and injure the reputation that Petitioner has established for its Services. Moreover, Petitioner’s
`
`Mark might not be able to become federally registered in view of Respondent’s Registration.
`
`
`
`WHEREFORE, Petitioner respectfully requests that this petition be sustained, and
`
`Respondent’s Registration be cancelled in its entirety.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`

`

`
`
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`
`
`
`
`
`
`Dated: September 18, 2019
`
`
`
`
`
`
`
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`Respectfully submitted,
`
`
`
`/Allison R. Imber/
`Allison R. Imber, Esq.
`Allen, Dyer, Doppelt & Gilchrist, P.A.
`255 South Orange Avenue
`Suite 1401
`Orlando, Florida 32801
`Phone (407) 841-2330
`Fax (407) 841-2343
`Email: aimber@allendyer.com
`
`Attorneys for Petitioner
`
`
`4
`
`

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