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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1002792
`
`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
`
`Joshua A. Halpern, M.D., P.A.
`
`Professional Association
`
`Citizenship
`
`Florida
`
`4214 N. Habana Avenue
`Tampa, FL 33607
`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.
`
`5143363
`
`Registration date
`
`02/14/2017
`
`Registrant
`
`Adelglass, Barbara
`2525 N. Pearl #902
`Dallas, TX 75201
`UNITED STATES
`Email: JeffAdel@gmail.com
`
`Goods/Services Subject to Cancellation
`
`Class 044. First Use: 2016/04/08 First Use In Commerce: 2016/04/08
`All goods and services in the class are subject to cancellation, namely: Beauty consultation services
`in the selection and use of dermal fillers, lifting and enhancing the face and body through the use of
`dermal fillers, fats, laserskin rejuvenation services, laser skin tightening services, laser and intense
`pulse light skin enhancement procedures, electrical stimulation treatment, and radio frequency treat-
`ments for medical or aesthetic purposes; Beauty treatment services in the nature of cosmetic face
`andbody care services
`
`Grounds for Cancellation
`
`Priority and likelihood of confusion
`
`Trademark Act Sections 14(1) and 2(d)
`
`Abandonment
`
`Registrant not rightful owner of mark for identi-
`fied goods or services
`
`Trademark Act Section 14(3)
`
`Trademark Act Sections 14(1) and 1
`
`

`

`Marks Cited by Petitioner as Basis for Cancellation
`
`U.S. Application
`No.
`
`88308264
`
`Application Date
`
`02/20/2019
`
`Registration Date
`
`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`THE FINESSE TECHNIQUE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 044. First use: First Use: 2002/01/29 First Use In Commerce: 2002/01/29
`Cosmetic skin care services; Cosmetic and plastic surgery; Liposuction and sur-
`gical body shaping services; Medical services; Medical skin care services
`
`U.S. Application/ Registra-
`tion No.
`
`Registration Date
`
`Word Mark
`
`Goods/Services
`
`NONE
`
`NONE
`
`Application Date
`
`NONE
`
`THE FINESSE TECHNIQUE
`
`cosmetic skin care services; cosmetic and plastic surgery; liposuction
`and surgical body shaping services; medical services; and medical
`skin care services
`
`Attachments
`
`88308264#TMSN.png( bytes )
`17M3802.PDF(127901 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. 5,143,363
`for the Mark FYNESSE
`
`Joshua A. Halpern, M.D., P.A.,
`
`
`vs.
`
`Barbara Adelglass,
`
`
`
`
`Petitioner,
`
`
`
`Respondent.
`
`
`
`
`
`
`
`Cancellation No: ____________________
`
`
`
`
`
`
`
`/
`
`
`
`
`
`
`PETITION TO CANCEL
`
`Joshua A. Halpern, M.D., P.A. (“Petitioner”), a Florida Professional Association located
`
`at 4214 N. Habana Avenue, Tampa, FL 33607, believes that it will be damaged by the continued
`
`registration of the mark FYNESSE as shown in U.S. Trademark Registration No. 5,143,363
`
`(“Respondent’s Registration”) owned by Barbara Adelglass (“Respondent”), which is purportedly
`
`used in connection with services in International Class 44, 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 January 29, 2002, Petitioner has used the mark THE
`
`FINESSE TECHNIQUE (“Petitioner’s Mark”) in commerce in connection with “cosmetic skin
`
`care services; cosmetic and plastic surgery; liposuction and surgical body shaping services;
`
`medical services; and medical skin care services” (collectively, “Petitioner’s Services”).
`
`2.
`
`Petitioner has expended significant resources in promoting its Services offered
`
`under the mark THE FINESSE TECHNIQUE. Consumers have come to rely on the mark THE
`
`

`

`FINESSE TECHNIQUE 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
`
`THE FINESSE TECHNIQUE and the goodwill it symbolizes.
`
`3.
`
`In connection with these uses, Petitioner is the owner of U.S. Trademark
`
`Application Serial No. 88/308264 for the mark THE FINESSE TECHNIQUE as used in
`
`connection with Petitioner’s Services.
`
`RESPONDENT’S REGISTRATION
`
`4.
`
`Based on information and belief, Respondent is an individual with an address at
`
`2525 N. Pearl #902, Dallas, Texas 75201.
`
`5.
`
`Respondent is the listed owner of Respondent’s Registration for the mark
`
`FYNESSE (“Respondent’s Mark”) as allegedly used on “beauty consultation services in the
`
`selection and use of dermal fillers, lifting and enhancing the face and body through the use of
`
`dermal fillers, fats, laser skin rejuvenation services, laser skin tightening services, laser and intense
`
`pulse light skin enhancement procedures, electrical stimulation treatment, and radio frequency
`
`treatments for medical or aesthetic purposes; beauty treatment services in the nature of cosmetic
`
`face and body care services” (collectively, “Respondent’s Services”).
`
`6.
`
`The application that matured into Respondent’s Registration was filed for on April
`
`8, 2016 based on Respondent’s intent to use the mark.
`
`7.
`
`Respondent filed a statement to allege use on November 23, 2016 and alleged a
`
`first use date of April 8, 2016, which was the same date the application was filed, by Respondent.
`
`However, the specimen submitted in support of use of the application showed that Respondent’s
`
`Services were in fact to be provided by Jeffrey Adelglass, M.D., F.A.C.S. at a facility called
`
`SKINTASTIC Cosmetic Surgery & Laser Skin Care Center in Plano, Texas.
`
`2
`
`

`

`GROUNDS FOR CANCELLATION
`
`PRIORITY AND LIKELIHOOD OF CONFUSION
`
`The allegations contained in paragraphs 1-7 above are incorporated herein by
`
`I.
`
`8.
`
`reference.
`
`9.
`
`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 her application for Respondent’s
`
`Registration. Therefore, Petitioner has priority of use of its Mark over that of Respondent’s use of
`
`its Mark.
`
`10.
`
`Respondent’s Mark is confusingly and deceptively similar to Petitioner’s Mark.
`
`Respondent’s Mark is highly and confusingly similar in sight, connotation, and commercial
`
`impression to Petitioner’s Mark.
`
`11.
`
`Respondent’s Services are identical to or closely related to Petitioner’s Services.
`
`Consumers are likely to believe that Respondent and her Services are somehow sponsored by,
`
`affiliated with and/or related to Petitioner and its Services.
`
`12.
`
`Respondent’s channels of trade and class of purchasers are identical to or very
`
`similar to those of Petitioner.
`
`13.
`
`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 the Services provided by Petitioner. 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,
`
`3
`
`

`

`Petitioner’s Mark might not be able to become federally registered in view of Respondent’s
`
`Registration.
`
`II.
`
`VOID AB INITIO FOR INCORRECT OWNERSHIP CLAIM
`
`14.
`
`The allegations contained in paragraphs 1-7 above are incorporated herein by
`
`reference.
`
`15. Upon information and belief, Respondent is not the owner and rightful registrant of
`
`Respondent’s Mark, or at the very least is not the sole owner of Respondent’s Mark. According to
`
`Registrant’s website at <skintastic.com>, Respondent is the wife of Jeffrey Adelglass, M.D.,
`
`F.A.C.S. and is purportedly the “Director of Aesthetics.” Since she is not a physician, Jeffrey
`
`Adelglass, M.D., F.A.C.S. must have performed some of Respondent’s Services. Thus, Jeffrey
`
`Adelglass, M.D., F.A.C.S., or one of his companies, is either the true owner or at least a partial
`
`owner of Respondent’s Mark and should have been the applicant or one of the applicants for
`
`Respondent’s Registration.
`
`16.
`
`Respondent’s Registration is void ab initio because it was filed only by Respondent,
`
`who was either not the owner or was only a partial owner of Respondent’s Mark at the time
`
`Respondent’s Registration was filed.
`
`III. ABANDONMENT
`
`17.
`
`The allegations contained in paragraphs 1-7 above are incorporated herein by
`
`reference.
`
`18.
`
`Upon information and belief, Respondent has abandoned her trademark rights in
`
`Respondent’s Mark by not using said mark in commerce in connection with Respondent’s Services
`
`with the intent not to resume such use. Respondent’s Mark is not shown anywhere on Respondent’s
`
`website and is not returned on a Google search.
`
`4
`
`

`

`
`
`WHEREFORE, Petitioner respectfully requests that this petition be sustained, and
`
`Respondent’s Registration be cancelled in its entirety.
`
`
`
`
`
`
`
`
`
`
`Dated: September 18, 2019
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
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`
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`
`
`
`
`
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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
`
`
`5
`
`

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