Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1017731
`
`Filing date:
`
`11/22/2019
`
`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
`
`Badawi Aviation, LLC
`
`Limited Liability Company
`
`Citizenship
`
`Florida
`
`321 N. Crystal Lake Drive, Suite 203
`Orlando, FL 32803
`UNITED STATES
`
`Ava K. Doppelt, Esq.
`Allen, Dyer, Doppelt & Gilchrist, P.A.
`255 South Orange Avenue, Suite 1401
`Orlando, FL 32801
`UNITED STATES
`adoppelt@allendyer.com, mrodriguez@allendyer.com
`4078412330
`
`Registration Subject to Cancellation
`
`Registration No.
`
`5665928
`
`Registration date
`
`01/29/2019
`
`Registrant
`
`AFAF AVIATION
`3327 149th street, 2FL
`Flushing, NY 11354
`UNITED STATES
`Email: iflyafaf@gmail.com
`
`Goods/Services Subject to Cancellation
`
`Class 041. First Use: 2017/01/04 First Use In Commerce: 2017/01/04
`All goods and services in the class are subject to cancellation, namely: Airplane flight instruction
`
`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/ Registra-
`tion No.
`
`Registration Date
`
`NONE
`
`NONE
`
`Application Date
`
`NONE
`
`
`
`ESTTA Tracking number:
`
`ESTTA1017731
`
`Filing date:
`
`11/22/2019
`
`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
`
`Badawi Aviation, LLC
`
`Limited Liability Company
`
`Citizenship
`
`Florida
`
`321 N. Crystal Lake Drive, Suite 203
`Orlando, FL 32803
`UNITED STATES
`
`Ava K. Doppelt, Esq.
`Allen, Dyer, Doppelt & Gilchrist, P.A.
`255 South Orange Avenue, Suite 1401
`Orlando, FL 32801
`UNITED STATES
`adoppelt@allendyer.com, mrodriguez@allendyer.com
`4078412330
`
`Registration Subject to Cancellation
`
`Registration No.
`
`5665928
`
`Registration date
`
`01/29/2019
`
`Registrant
`
`AFAF AVIATION
`3327 149th street, 2FL
`Flushing, NY 11354
`UNITED STATES
`Email: iflyafaf@gmail.com
`
`Goods/Services Subject to Cancellation
`
`Class 041. First Use: 2017/01/04 First Use In Commerce: 2017/01/04
`All goods and services in the class are subject to cancellation, namely: Airplane flight instruction
`
`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/ Registra-
`tion No.
`
`Registration Date
`
`NONE
`
`NONE
`
`Application Date
`
`NONE
`
`
`
`Design Mark
`
`Goods/Services
`
`Aircraft rental and aircraft leasing services
`
`Attachments
`
`Logo-Badawi.jpg
`Petition to Cancel.pdf(156705 bytes )
`
`Signature
`
`Name
`
`Date
`
`/Ava K. Doppelt/
`
`Ava K. Doppelt
`
`11/22/2019
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`In the Matter of Trademark Registration No. 5,665,928
`for the Mark AFAF AVIATION & Design
`
`Badawi Aviation, LLC,
`
`
`vs.
`
`Afaf Aviation, LLC,
`
`
`
`
`
`Petitioner,
`
`
`
`Respondent.
`
`
`
`
`
`
`
`Cancellation No: ____________________
`
`
`
`
`
`
`
`/
`
`
`
`
`Badawi Aviation, LLC (“Petitioner”), a Florida limited liability company located at 321
`
`PETITION TO CANCEL
`
`N. Crystal Lake Drive, Suite 203, Orlando, Florida 32803, believes that it will be damaged by the
`
`continued registration of the mark AFAF AVIATION & Design, as shown in U.S. Service Mark
`
`Registration No. 5,665,928, owned by Afaf Aviation, LLC (“Respondent”), and hereby petitions
`
`to cancel Respondent’s registration.
`
`The grounds for the petition are as follows:
`
`PETITIONER’S MARK
`
`1.
`
`Since at least as early as August of 2014, Petitioner has used the mark
`
` in commerce in connection with aircraft rental and aircraft leasing
`
`services. In addition to the words BADAWI AVIATION stacked vertically, written in all capital
`
`letters, with BADAWI in bold italics and AVIATION in lighter type, underneath the mark includes
`
`a distinctive design of a stylized airplane flying over the first two letters such that the right wing
`
`
`
`of the plane forms the stem of the B in BADAWI, with three blue exhaust plumes curving out
`
`around the B (“Petitioner’s Mark”).
`
`2.
`
`Petitioner’s
`
`Mark
`
`appears
`
`on
`
`Petitioner’s
`
`website
`
`at
`
`https://www.flightreadyaviation.com/ in conjunction with promoting the services of both
`
`Petitioner and its related company, Flight Ready Aviation, LLC. Flight Ready Aviation, LLC
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`offers flight instruction services, pilot training, discovery flights, sightseeing tours and sale of pilot
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`supplies.
`
`3.
`
`Over the past five years, Petitioner has expended significant resources in promoting
`
`the services offered under the its Mark. Consumers, particularly those in the area of general
`
`aviation, have come to rely on the Mark to identify Petitioner’s particular services, and to
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`distinguish them from the services of its competitors and those in related aviation fields. For these
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`reasons, Petitioner has developed valuable service mark rights in its Mark and in the goodwill
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`symbolized by its Mark.
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`
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`RESPONDENT’S REGISTRATION
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`4.
`
`Based on information and belief, Respondent is a New York limited liability
`
`company with an address at 337 149th Street, 2nd Floor, Flushing, New York 11354.
`
`5.
`
`On May 26, 2018, Respondent filed U.S. Application Serial No. 87/937,718 to
`
`register the following mark for airplane flight instruction services in International Class 41:
`
`Respondent swore that it first used this mark anywhere on January 4, 2017, and first used the mark
`
`in commerce on January 4, 2017.
`
`
`
`2
`
`
`
`6.
`
`The mark in the application contained the words AFAF AVIATION stacked
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`vertically, with AFAF in bold italics and AVAITION in lighter type underneath, and an airplane
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`design identical to that in Petitioner’s Mark, in which the plane is flying over AFAF, with its right
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`wing forming the upswing of the A, and the three curving exhaust plumes emanating from the
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`back.
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`7.
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`On January 29, 2019 Respondent’s mark as shown in the application was registered
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`as U.S. Registration No. 5,665,928, with the word “AVIATION” disclaimed (“Respondent’s
`
`Registration”).
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`8.
`
`Respondent
`
`shows
`
`its Registration
`
`throughout
`
`its website
`
`at
`
`https://afafaviation.com/:
`
`
`
`
`GROUNDS FOR CANCELLATION
`
`PRIORITY AND LIKELIHOOD OF CONFUSION
`
`The allegations contained in paragraphs 1 through 8 above are incorporated herein
`
`I.
`
`9.
`
`by reference.
`
`10.
`
`Petitioner used its Mark in connection with its aviation-related services in
`
`commerce several years before Respondent claims to have first used its mark, and well before
`
`Respondent filed its application to register the mark in the USPTO. Therefore, Petitioner has
`
`priority of use of its mark over Respondent’s use, filing and registration of its mark.
`
`11.
`
`Respondent’s mark as shown in Respondent’s Registration is confusingly and
`
`deceptively similar to Petitioner’s Mark in appearance, meaning and commercial impression.
`
`3
`
`
`
`12.
`
`Although Respondent’s mark is registered in black and white, it is shown
`
`throughout Respondent’s website in colors very similar to those in Petitioner’s Mark.
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`13.
`
`Respondent’s aviation-related services are closely related to Petitioner’s aviation
`
`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.
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`14.
`
`Respondent’s channels of trade and types of purchasers are identical to or very
`
`similar to those of Petitioner.
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`15.
`
`As a result of the similarity between Petitioner’s Mark and Respondent’s
`
`Registration, as well as their respective aviation-related services, not to mention the similarity of
`
`the channels of trade and classes of purchasers, the continued existence of Respondent’s
`
`Registration will cause great damage and injury to Petitioner. Persons familiar with Petitioner’s
`
`Mark and services will likely confuse Respondent’s services with the services provided by
`
`Petitioner. Any defect, objection or fault found with Respondent’s services offered under its
`
`Registration may reflect upon and expose Petitioner to liability, and injure the reputation Petitioner
`
`has established for its services.
`
`
`
`WHEREFORE, Petitioner respectfully requests that this petition be sustained, and
`
`Respondent’s Registration be cancelled in its entirety.
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`
`
`
`
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`
`
`
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`Dated: November 22, 2019
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`Respectfully submitted,
`
`
`
`
`
`/Ava K. Doppelt/
`Ava K. Doppelt, 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: adoppelt@allendyer.com
`
`Attorneys for Petitioner
`
`4
`
`
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