Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA1068060
`07/14/2020
`
`ESTTA Tracking number:
`
`Filing date:
`
`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
`
`Chaofeng Liu
`
`Individual
`
`LIU JIA WA CUN 030 HAO
`QIAN XIAN YANG YU ZHEN
`XIAN YANG, SHANXI, 713306
`CHILE
`
`Citizenship
`
`China
`
`Attorney informa-
`tion
`
`ADRIANO PACIFICI
`INTELLECTUAL PROPERTY CONSULTING, LLC
`400 POYDRAS ST., SUITE 1400
`NEW ORLEANS, LA 70130
`UNITED STATES
`Primary Email: apacifici@iplawconsulting.com
`Secondary Email(s): creid@iplawconsulting.com
`504-323-6600
`
`Docket Number
`
`01431
`
`Registration Subject to Cancellation
`
`Registration No.
`
`6096267
`
`Registration date
`
`07/07/2020
`
`Registrant
`
`WU, Lanying
`RM. 301, JINRONG BLDG., JINWAN GARDEN,
`NO.1 JINWAN RD., XINWAN, HUMEN TOWN,
`DONGGUAN, GUANGDONG, 523899
`CHINA
`
`Goods/Services Subject to Cancellation
`
`Class 010. First Use: 2019/05/24 First Use In Commerce: 2019/05/24
`All goods and services in the class are subject to cancellation, namely: Abdominal hernia belts;
`Acupressure pillows; Adult sexual stimulation aids, namely, artificial penises, penis enlargers, vibrat-
`ors, benwa balls, artificial vaginas; Anti-nausea wristbands; Baby bottle nipples; Baby bottles; Back
`supports for medical purposes; Chiropractic instruments; Constriction rings for use in maintaining
`penile rigidity in men with erectile dysfunction; Corsets for therapeutic use; Cosmetic apparatus,
`namely, light based devices providing mainly pulsed light for performing non-ablative aesthetic skin
`treatment procedures; Electric massage appliances, namely, electric vibrating massager; Lasers for
`the cosmetictreatment of the face, skin, hair follicles; Massage chairs; Medical apparatus,namely,
`continuous positive airway pressure (CPAP) devices; Orthopaedic belts; Orthopedic support band-
`ages; Sanitary masks for medical wellness purposes; Sex toys; Thermometers for medical use
`
`Grounds for Cancellation
`
`

`

`Priority and likelihood of confusion
`
`Trademark Act Sections 14(1) and 2(d)
`
`False suggestion of a connection with persons,
`living or dead, institutions, beliefs, or national
`symbols, or bring them into contempt, or disrep-
`ute
`
`Fraud on the USPTO
`
`Trademark Act Sections 14(3) and 2(a)
`
`Trademark Act Section 14(3); In re Bose Corp.,
`580 F.3d 1240, 91 USPQ2d 1938 (Fed. Cir.
`2009)
`
`Marks Cited by Petitioner as Basis for Cancellation
`
`U.S. Registration
`No.
`
`5141454
`
`Registration Date
`
`02/14/2017
`
`Word Mark
`
`Design Mark
`
`FEEKE
`
`Application Date
`
`07/07/2016
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2015/04/07 First Use In Commerce: 2015/04/07
`Bags adapted for laptops; Blank USB flash drives; Cell phone cases; Cell phone
`covers; Cell phone straps; Compact disc players; Electrical pickups for use with-
`musical instruments; Headsets for mobile telephones; Headsets for use with
`computers; Mouse pads; Pickups; Protective covers and cases for cell phones,
`laptopsand portable media players; Protective covers and cases for tablet com-
`puters; Protective covers for smartphones; Satellite-aided navigation systems;
`Sleeves for laptops; Earphones; Headphones
`
`U.S. Application
`No.
`
`88841280
`
`Application Date
`
`03/19/2020
`
`Registration Date
`
`NONE
`
`Word Mark
`
`FEEKE
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 028. First use: First Use: 2015/04/07 First Use In Commerce: 2019/12/02
`Arm guards for athletic use; Articles of clothing for toys; Balls for sports; Dolls
`and doll accessories, namely, clothing for dolls, doll rooms, doll beds, doll
`houses, toy fabrics and linens for dolls and strollers for dolls; Electronic learning
`toys; Exercise machines; Fishing tackle; Infant toys; Knee pads for athletic use;
`Pet toys; Play houses and toyaccessories therefor; Radio-controlled toy
`vehicles; Rideable toys and accessories therefor; Stuffed toys; Toy airplanes;
`Fishing poles
`
`U.S. Application
`No.
`
`88876037
`
`Application Date
`
`04/17/2020
`
`Registration Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`FEEKE
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 010. First use: First Use: 2015/04/07 First Use In Commerce: 2019/08/21
`Abdominal belts; Adult sexual stimulation aids, namely, artificial penises, penis
`enlargers, vibrators, benwa balls, artificial vaginas; Baby bottles; Boots for med-
`ical purposes; Braces for limbs andjoints, for medical use; Chiropractic instru-
`ments; Compression garments; Compression garments, namely, compression
`socks, stockings, leggings, jerseys, vests, trousers; Compression socks for med-
`ical or therapeutic use; Cosmetic apparatus, namely, light based devices provid-
`ing mainly pulsed light for performing non-ablative aesthetic skin treatment pro-
`cedures; Elastic bandages; Electric hearing aids; Electrical hearing aids; Fever
`thermometers; Gloves for massage
`
`U.S. Application
`No.
`
`88876041
`
`Application Date
`
`04/17/2020
`
`Registration Date
`
`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Word Mark
`
`Design Mark
`
`FEEKE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 021. First use: First Use: 2015/04/07 First Use In Commerce: 2019/08/20
`Automatic soap dispensers; Brushes for pets; Electric face cleansing brushes;
`Electric lint removers; Electric pet brushes; Electric toothbrushes; Gardening
`gloves; Garlic presses; Gun cleaning cloths; Ice cube molds; Insulated food
`bags for sandwiches; Lunch bags not of paper; Make-up brushes; Mouse traps;
`Rat traps;Tea kettles, non-electric; Tea sets; Whisks, non-electric, for household
`purposes
`
`U.S. Application
`No.
`
`88879013
`
`Application Date
`
`04/20/2020
`
`Registration Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`FEEKE
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 016. First use: First Use: 2015/04/07 First Use In Commerce: 2019/06/21
`Arts and craft paint kits; Drawing instruments; Drawings; Framed paintings;
`Inkribbons; Masking paper; Office stationery; Paint brushes; Paintings; Pencil
`sharpeners; Photo albums; Pressure sensitive adhesive images in the nature of
`double-sided tape that can adhere to a surface on one side and receive and re-
`tain decorative materials on an opposing side for decorative household pur-
`poses; Stationery; Thumb tacks; Toilet paper; Writing utensils
`
`U.S. Application
`No.
`
`88890222
`
`Application Date
`
`04/27/2020
`
`Registration Date
`
`NONE
`
`Word Mark
`
`FEEKE
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 018. First use: First Use: 2015/04/07 First Use In Commerce: 2018/04/11
`All-purpose carrying bags; Backpacks, book bags, sports bags, bum bags, wal-
`letsand handbags; Canes and walking sticks;Collars of animals; Credit card
`holders; Gym bags; Handbags; Handbags for ladies; Leather straps; Lumbar
`packs; Parasols; Pet clothing; Pouches of textile; Schoolbags; Umbrellas and
`their parts; Wristlet bags
`
`U.S. Application
`No.
`
`88890235
`
`Application Date
`
`04/27/2020
`
`Registration Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`FEEKE
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 003. First use: First Use: 2015/04/07 First Use In Commerce: 2020/04/18
`Abrasive sand; Abrasive sheets; Adhesives for cosmetic purposes; All purpose
`cotton swabs for personal use; Anti-wrinkle cream; Artificial eyelashes; Body
`and beauty care cosmetics; Cosmetics and make-up; Cream for whitening the
`skin; Eyesmake-up; Facial masks; Fingernail jewelry; Lip glosses; Mascara;
`Non-medicated liquid soap
`
`U.S. Application
`No.
`
`88890241
`
`Application Date
`
`04/27/2020
`
`Registration Date
`
`NONE
`
`Word Mark
`
`FEEKE
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 005. First use: First Use: 2015/04/07 First Use In Commerce: 2020/04/18
`Air deodorant; Babies' diapers of paper; Household deodorizer; Insecticides;
`Medicated baby powders; Medicated cosmetics; Plant and herb extracts sold as
`components of medicated cosmetics; Sanitary napkins; Sanitizing wipes
`
`U.S. Application
`No.
`
`88890250
`
`Application Date
`
`04/27/2020
`
`Registration Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`FEEKE
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 011. First use: First Use: 2015/04/07 First Use In Commerce: 2020/04/22
`Air purifiers; Air purifying apparatus;Automatic faucets; Bathtubs; Bread baking
`machines; Clothes dryers; Clothes drying machines; Dehumidifiers; Electric
`blankets for household purposes; Faucets; Hand-held electric hair dryers; Hand-
`held showers; Hot water heaters; Shower head sprayers; Toilet seats; Water
`fountains
`
`U.S. Application
`No.
`
`88890254
`
`Application Date
`
`04/27/2020
`
`Registration Date
`
`NONE
`
`Word Mark
`
`FEEKE
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 012. First use: First Use: 2015/04/07 First Use In Commerce: 2020/04/18
`Antitheft devices for vehicles; Automotive interior trim; Bicycle pumps; Car win-
`dow shades; Children's car seats; Drones; Electrical anti-theft installations for
`vehicles; Fitted vehicle seat covers;Head restraints for vehicles; Pushchair-
`hoods; Rear view mirrors; Seat safety harnesses for motor cars; Steering wheel
`covers; Sun-blinds adapted for automobiles; Vehicle parts, namely, sun visors;
`Windscreen wipers
`
`U.S. Application
`No.
`
`88890262
`
`Application Date
`
`04/27/2020
`
`Registration Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`FEEKE
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 014. First use: First Use: 2015/04/07 First Use In Commerce: 2020/04/18
`Bangles; Bracelets; Clocks and parts therefor; Costume jewelry; Earrings; Jew-
`elry; Jewelry boxes; Jewelry findings; Jewelry for the head; Necklaces; Orna-
`ments of precious metal in the nature of jewelry; Pearls; Pendants; Pet jewelry;
`Rings; Watch parts
`
`U.S. Application
`No.
`
`88890272
`
`Application Date
`
`04/27/2020
`
`Registration Date
`
`NONE
`
`Word Mark
`
`FEEKE
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 008. First use: First Use: 2015/04/07 First Use In Commerce: 2020/04/18
`Abrading tools; Ear piercing apparatus;Electric nasal hair trimmers; Electric
`razors and electric hair clippers; Epilatory appliances; Eyelash curlers; Eyelash
`separators; Fingernail clippers; Kitchen knives; Manicure sets; Nail clip-
`pers,electric or non-electric; Nail extractors, hand-operated; Nail files; Pedicure
`sets; Shears; Tweezers
`
`U.S. Application
`No.
`
`88890285
`
`Application Date
`
`04/27/2020
`
`Registration Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`FEEKE
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 020. First use: First Use: 2015/04/07 First Use In Commerce: 2020/04/19
`Armoires; Beds for household pets; Beds, mattresses, pillows and bolsters;
`Boxes of wood or plastic; Cabinets; Chairs; Computer furniture; Cushions; Fur-
`niture;Furniture parts; Metal furniture; Office furniture; Pet cushions; Picture
`frames; Sleeping bag pads; Towel racks; Toy chests
`
`U.S. Application
`No.
`
`88890293
`
`Application Date
`
`04/27/2020
`
`Registration Date
`
`NONE
`
`Word Mark
`
`FEEKE
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`Attachments
`
`NONE
`
`Class 007. First use: First Use: 2015/04/07 First Use In Commerce: 2020/04/18
`3D printers; Air brushes for applying make-up; Dust separators; Electric coffee-
`grinders; Electric food grinders; Electric graters; Electric juicers; Electric milk
`frothers; Electric pepper mills; Electrically-powered kitchen appliance fordicing,
`mincing, slicing and chopping food; Hand-held vacuum cleaners; Paint sprayers;
`Power drills; Soldering irons, electric; Vacuum cleaners; Electrical squeezers for
`fruit and vegetable
`
`87096628#TMSN.png( bytes )
`88841280#TMSN.png( bytes )
`88876037#TMSN.png( bytes )
`88876041#TMSN.png( bytes )
`88879013#TMSN.png( bytes )
`88890222#TMSN.png( bytes )
`88890235#TMSN.png( bytes )
`88890241#TMSN.png( bytes )
`88890250#TMSN.png( bytes )
`88890254#TMSN.png( bytes )
`88890262#TMSN.png( bytes )
`88890272#TMSN.png( bytes )
`88890285#TMSN.png( bytes )
`88890293#TMSN.png( bytes )
`Petition for Cancellation FEEKE.pdf(2582468 bytes )
`
`Signature
`
`/APacifici/
`
`Name
`
`Date
`
`Adriano Pacifici
`
`07/14/2020
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`6096267
`FEEKE
`
`
`
`
`In re: Registration No.
`For the Word Mark:
`
`
`
`
`
`
`
`
`
`
`CHAOFENG LIU,
`
`
`
`
`Petitioner,
`
`
`
`
`
`
`
`
`
`v.
`
`
`
`
`
`
`
`
`
`
`LANYING WU,
`
`
`
`
`
`Registrant.
`
`_______________________________________
`
`
`
`
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`Cancellation No.
`
`PETITION FOR
`CANCELLATION
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Petitioner Chaofeng Liu (cid:507)(cid:515)Petitioner(cid:516)(cid:508), believes that it is, and will continue to be,
`
`damaged by the existing registration of the mark FEEKE, U.S. Registration No. 6096267, and
`
`hereby petitions for cancellation pursuant to 15 U.S.C. § 1064.
`
`As grounds for this Petition for Cancellation, Petitioner respectfully submits:
`
`I.
`
`BACKGROUND
`
`
`1.
`
`Petitioner Chaofeng Liu is a Chinese individual with a principal address of liu jia wa
`
`cun 030 hao qian xian yang yu zhen xian yang, shanxi CHINA 713306.
`
`2.
`
`Petitioner does business under the trademark FEEKE and has done so since at least as
`
`early as 2015.
`
`3.
`
`Petitioner manufactures and sells a wide variety of consumer goods under the FEEKE
`
`trademark.
`
`4.
`
`Petitioner also has common law and federal trademark rights to the FEEKE mark for a
`
`wide-variety of goods, as indicated in the table below (cid:507)(cid:515)Petitioner’s Marks(cid:516)(cid:508). True and
`
`
`
`[1]
`
`

`

`correct copies of print outs from the electronic database records of the USPTO for each
`
`application and registration are attached in globo as Exhibit A:
`
`Trademark
`
`Serial No.
`
`Reg. No.
`
`Reg. Date
`
`IC & Goods
`
`FEEKE
`
`87096628
`
`5141454
`
`February 14, 2017
`
`FEEKE
`
`88841280
`
`FEEKE
`
`88876037
`
`FEEKE
`
`88876041
`
`FEEKE
`
`88879013
`
`FEEKE
`
`88890222
`
`FEEKE
`
`88890235
`
`FEEKE
`
`88890241
`
`FEEKE
`
`88890250
`
`FEEKE
`
`88890254
`
`FEEKE
`
`88890262
`
`FEEKE
`
`88890272
`
`FEEKE
`
`88890285
`
`FEEKE
`
`88890293
`
`--
`
`--
`
`--
`
`--
`
`--
`
`--
`
`--
`
`--
`
`--
`
`--
`
`--
`
`--
`
`--
`
`March 19, 2020
`(application date)
`
`April 17, 2020
`(application date)
`
`April 17, 2020
`(application date)
`April 20, 2020
`(application date)
`April 27, 2020
`(application date)
`April 27, 2020
`(application date)
`
`April 27, 2020
`(application date)
`
`April 27, 2020
`(application date)
`April 27, 2020
`(application date)
`April 27, 2020
`(application date)
`April 27, 2020
`(application date)
`April 27, 2020
`(application date)
`
`April 27, 2020
`(application date)
`
`[2]
`
`009: cell phone covers;
`headphones; et al.
`028: dolls and doll
`accessories; et al.
`010: chiropractic
`instruments; electric
`hearing aids; et al.
`021: automatic soap
`dispensers; et al.
`016: stationery; writing
`utensils; et al.
`018: backpacks;
`umbrellas; et al.
`003: body and beauty
`care cosmetics; et al.
`005: medicated
`cosmetics; sanitizing
`wipes; et al.
`011: air purifiers; toilet
`seats; et al.
`012: children’s car
`seats; seat covers; et al.
`014: jewelry; earrings,
`necklaces; et al.
`008: electric razors;
`manicure sets; et al.
`020: beds; mattresses,
`furniture; et al.
`007: 3D printers;
`electric kitchen
`appliances; et al.
`
`
`
`
`
`

`

`5.
`
`On April 27, 2020, Petitioner filed several new trademark applications for the FEEKE
`
`mark, as indicated in the table directly above, to further expand Petitioner’s rights in
`
`and to the FEEKE mark.
`
`6.
`
`Upon information and belief, Registrant Lanying Wu is a Chinese individual with a
`
`principal address of Rm. 301, Jinrong Bldg., Jinwan Garden, No.1 Jinwan Rd., Xinwan,
`
`Humen Town, Dongguan, Guangdong CHINA 523899.
`
`7.
`
`On December 20, 2019, Registrant applied to register the mark FEEKE in standard
`
`character (Serial no. 88734503) (cid:507)(cid:515)Registrant’s Mark(cid:516)(cid:508) in international class 010 for
`
`(cid:515)Abdominal hernia belts; Acupressure pillows; Adult sexual stimulation aids, namely,
`
`artificial penises, penis enlargers, vibrators, benwa balls, artificial vaginas; Anti-nausea
`
`wristbands; Baby bottle nipples; Baby bottles; Back supports for medical purposes;
`
`Chiropractic instruments; Constriction rings for use in maintaining penile rigidity in
`
`men with erectile dysfunction; Corsets for therapeutic use; Cosmetic apparatus, namely,
`
`light based devices providing mainly pulsed light for performing non-ablative aesthetic
`
`skin treatment procedures; Electric massage appliances, namely, electric vibrating
`
`massager; Lasers for the cosmetic treatment of the face, skin, hair follicles; Massage
`
`chairs; Medical apparatus, namely, continuous positive airway pressure (CPAP)
`
`devices; Orthopaedic belts; Orthopedic support bandages; Sanitary masks for medical
`
`wellness purposes; Sex toys; Thermometers for medical use(cid:516) with an alleged first use in
`
`commerce as of May 24, 2019.
`
`Registrant’s Mark was registered (Reg. no. 6096267) on July 07, 2020.
`
`[3]
`
`8.
`
`
`
`

`

`9.
`
`On June (cid:343)(cid:343), (cid:344)(cid:342)(cid:344)(cid:342), Petitioner’s trademark application serial no. 88890241 for the FEEKE
`
`mark received a non-final office action, in which the Examiner issued a Prior-Filed
`
`Application advisory initially refusing to register Petitioner’s Feeke mark, citing
`
`Registrant’s Mark, which at the time, had yet to officially register.
`
`10.
`
`For the reasons set forth below, U.S. Registration No. 6096267 should be cancelled.
`
`11.
`
`Paragraphs 1 – 10, above, are realleged and incorporated herein by reference as if set
`
`II.
`
`PRIORITY
`
`forth in full.
`
`12.
`
`Since at least as early as April 2015, more than four (4) years before Registrant’s alleged
`
`first use in commerce of Registrant’s Mark, Petitioner has used the FEEKE mark for a
`
`variety of consumer products.
`
`13. On information and belief, Registrant may only assert a first use in commerce of
`
`Registrant’s Mark as of May 24, 2019, more than four (4) years after Petitioner adopted
`
`and begun use of Petitioner’s Marks.
`
`14.
`
`Registrant is not entitled to use or register the mark that is subject to this Cancellation.
`
`15.
`
`Petitioner has priority over Registrant’s Mark. Accordingly, registration of Registrant’s
`
`Mark is improper under Section 2(d) of the Trademark Act, 15 U.S.C. § 1052(d).
`
`III.
`
`LIKELIHOOD OF CONFUSION
`
`16.
`
`Paragraphs 1 – 15, above, are realleged and incorporated herein by reference as if set
`
`forth in full.
`
`
`
`[4]
`
`

`

`17.
`
`Persons familiar with the Petitioner’s Marks, upon seeing the goods provided under
`
`Registrant’s Mark, would likely believe, and would be justified in so believing, that such
`
`goods originated from Petitioner or were provided in association, connection, or
`
`affiliation with, or under sponsorship, approval, or authorization by Petitioner.
`
`18.
`
`Registrant’s Mark is identical to Petitioner’s Marks.
`
`19.
`
`The goods sold under Registrant’s Mark are nearly identical to those goods sold under
`
`Petitioner’s Marks.
`
`20.
`
`Specifically, Registrant’s baby products are nearly identical to Petitioner’s baby powder
`
`products.
`
`21.
`
`Petitioner is entitled under the Expansion-of-Trade Doctrine to an expansion of its
`
`trademark rights granted in its registration of the FEEKE mark (Reg. no. 5141454) and
`
`the goods listed in Petitioner’s new trademark applications, as identified in Exhibit A,
`
`fall into the natural scope of expansion of Petitioner’s goods.
`
`22. On information and belief, the channels of trade for Registrant’s goods and the channels
`
`of trade for Petitioner’s goods are the same.
`
`23.
`
`Specifically, on information and belief, both Registrant and Petitioner sell their
`
`respective products through e-commerce websites, such as Amazon.
`
`24. When viewed by consumers, the trademark that is subject of this Cancellation is likely
`
`to be confused with Petitioner’s Marks.
`
`25.
`
`Registrant’s adoption and use of Registrant’s Mark is without the license or permission
`
`of Petitioner.
`
`
`
`[5]
`
`

`

`26.
`
`For the reasons set forth above and because Registrant’s Mark will likely cause
`
`confusion or mistake, or to deceive the public as to the source of goods, continued
`
`registration of Registrant’s Mark violates Section 2(d) of the Lanham Act, 15 U.S.C. §
`
`1052(d).
`
`27. As the known source of goods offered under Petitioner’s Marks, consumers would
`
`likely believe that the goods identified in Registrant’s Mark emanate from Petitioner
`
`due to the identical marks, nearly identical products, and identical channels of trade.
`
`This likelihood of confusion will damage Petitioner within the mean of 15 U.S.C. § 1063.
`
`IV.
`
`FALSE DESIGNATION OF A CONNECTION
`
`28.
`
`Paragraphs 1 – 27, above, are realleged and incorporated herein by reference as if set
`
`forth in full.
`
`29.
`
`Registrant’s Mark incorporates and appropriates the distinctive element and formation
`
`of Petitioner’s Marks, as Registrant’s Mark is identical to Petitioner’s Marks.
`
`30. As such, the consuming public will (cid:507)mistakenly(cid:508) identify and recognize Registrant’s
`
`goods and Petitioner’s goods as originating from the same source.
`
`31. However, Petitioner has no connection to Registrant or its activities.
`
`32.
`
`Registrant’s use of Registrant’s Mark in connection with cosmetic products creates a
`
`false suggestion of affiliation with, or sponsorship by, Petitioner.
`
`33.
`
`By creating a false and misleading suggestion of affiliation, Registrant’s Mark is in
`
`violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a).
`
`
`
`[6]
`
`

`

`V.
`
`FRAUDULENT ALLEGATION OF USE IN COMMERCE
`
`34.
`
`Paragraphs 1 – 33, above, are realleged and incorporated herein by reference as if set
`
`forth in full.
`
`35.
`
`Registrant’s application for Registrant’s Mark contains the statement that (cid:515)[t]he
`
`applicant … is using the mark in commerce,(cid:516) and that (cid:515)the mark was first used at least
`
`as early as May 24, 2019, and first used in commerce at least as early as May 24, 2019,
`
`and is now in use in such commerce.(cid:516) The application also contains a standard
`
`declaration as to the truth of Registrant’s statements in the application.
`
`36. On information and belief, Registrant did not, and has not, used in interstate commerce
`
`in the United States or for any commercial purposes Registrant’s Mark in connection
`
`with any or all of the goods listed in the application at any time.
`
`37. On information and belief, the specimen submitted in the application to register
`
`Registrant’s Mark does not show any commercial goods provided under Registrant’s
`
`Mark as the specimen appears to be digitally altered.
`
`38. On December 20, 2019, Registrant, through its attorney, signed a use-based trademark
`
`application for Registrant’s Mark. “s part of the allegation, Registrant included a sworn
`
`statement that the FEEKE mark was in use in commerce with all of the goods identified
`
`in its application, namely: (cid:515)Abdominal hernia belts; Acupressure pillows; Adult sexual
`
`stimulation aids, namely, artificial penises, penis enlargers, vibrators, benwa balls,
`
`artificial vaginas; Anti-nausea wristbands; Baby bottle nipples; Baby bottles; Back
`
`supports for medical purposes; Chiropractic instruments; Constriction rings for use in
`
`
`
`[7]
`
`

`

`maintaining penile rigidity in men with erectile dysfunction; Corsets for therapeutic
`
`use; Cosmetic apparatus, namely, light based devices providing mainly pulsed light for
`
`performing non-ablative aesthetic skin treatment procedures; Electric massage
`
`appliances, namely, electric vibrating massager; Lasers for the cosmetic treatment of the
`
`face, skin, hair follicles; Massage chairs; Medical apparatus, namely, continuous positive
`
`airway pressure (CPAP) devices; Orthopaedic belts; Orthopedic support bandages;
`
`Sanitary masks for medical wellness purposes; Sex toys; Thermometers for medical
`
`use(cid:516).
`
`39. On information and belief, Registrant has not ever used Registrant’s Mark in connection
`
`with the sale of all the goods identified in Registrant’s Mark and its application.
`
`40.
`
`Said statement in Registrant’s application was made by an authorized agent of
`
`Registrant with the knowledge and belief that said statement was false.
`
`41.
`
`Registrant knew that the representations were false.
`
`42. On information and belief, Registrant made false statements as to the use of Registrant’s
`
`Mark in commerce and the first use dates of that mark with the intent to procure a
`
`registration to which Registrant was not entitled, and Registrant was successful in
`
`procuring favorable registration of Registrant’s Mark.
`
`43. On information and belief, Registrant’s false statements were made knowingly.
`
`Registrant made knowingly false statements as to the use of Registrant’s Mark in
`
`commerce and the first use dates of that mark with the intent to procure a registration
`
`
`
`[8]
`
`

`

`to which Registrant was not entitled, and Registrant was successful in procuring
`
`favorable Registration.
`
`44. “s Registrant has never used Registrant’s Mark in commerce in connection with any or
`
`all of the goods listed in the registration, Registrant’s Mark should be cancelled.
`
`VI.
`
`FRAUDULENT SPECIMEN OF USE
`
`45.
`
`Paragraphs 1 – 44, above, are realleged and incorporated herein by reference as if set
`
`forth in full.
`
`46.
`
`In Registrant’s application to register Registrant’s Mark, Registrant submitted a
`
`specimen of an Amazon webpage.
`
`47. On information and belief, the alleged specimen was digitally altered to include the (cid:515)by
`
`Feeke(cid:516) name.
`
`48.
`
`The current listing of this (cid:515)Restraints for Sex(cid:516) product, identifies the seller or brand as
`
`(cid:515)Unknown(cid:516) and the product is listed as unavailable as seen in Exhibit B attached
`
`hereto.
`
`49. On information and belief, Registrant made the false statements as to the use of the
`
`specimen with the intent to procure a registration to which Registrant was not entitled,
`
`and Registrant was successful in procuring favorable Registration.
`
`50. On information and belief, Registrant’s false statements were made knowingly.
`
`Registrant knowingly made false statement as to the use of the specimen with the intent
`
`to procure a registration to which Registrant was not entitled, and Registrant was
`
`successful in procuring favorable Registration.
`
`
`
`[9]
`
`

`

`VII. CONCLUSION
`
`51.
`
`The continued registration of Registrant’s Mark is inconsistent with Petitioner’s rights
`
`in its FEEKE mark and will cause damage to Petitioner trademark and business.
`
`52. U.S. Registration No. 6096267 should be cancelled because Petitioner has priority to
`
`Petitioner’s Marks and because Registrant’s Mark is likely to cause confusion with
`
`Petitioner’s Marks. Continued registration of Registrant’s Mark will cause damage to
`
`Petitioner’s business.
`
`WHEREFORE, Petitioner respectfully prays that its Petition be sustained and that the
`
`Board cancel U.S. Registration No. 6096267.
`
`
`Dated this 14th day of July 2020.
`
`Petitioner submits herewith the requisite filing fee of $400.00 for this cancellation.
`
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`
`
`s/APacifici/
`Adriano Pacifici (LA Bar #35542)
`Intellectual Property Consulting, LLC
`400 Poydras Street, Suite 1400
`New Orleans, LA 70130
`T: (504) 323-6600
`E-mail: apacifici@iplawconsulting.com
`Attorney for Petitioner
`
`[10]
`
`

`

`
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`
`
`EXHIBIT A
`EXHIBIT A
`
`

`

`Generated on: This page was generated by TSDR on 2020-07-13 19:26:26 EDT
`
`Mark: FEEKE
`
`US Serial Number: 87096628
`
`US Registration
`Number:
`
`5141454
`
`Filed as TEAS
`Plus:
`
`Yes
`
`Register: Principal
`
`Mark Type: Trademark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing
`Date:
`
`Jul. 07, 2016
`
`Registration Date: Feb. 14, 2017
`
`Currently TEAS
`Plus:
`
`Yes
`
`LIVE/REGISTRATION/Issued and Active
`
`The trademark application has been registered with the Office.
`
`Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.
`
`Status Date: Feb. 14, 2017
`
`Publication Date: Nov. 29, 2016
`
` 
`
`Mark Literal
`Elements:
`
`FEEKE
`
`Mark Information
`
`Standard Character
`Claim:
`
`Mark Drawing
`Type:
`
`Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
`
`4 - STANDARD CHARACTER MARK
`
`Translation: The wording "Feeke" has no meaning in a foreign language.
`
`Goods and Services
`
`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.
`
`For: Bags adapted for laptops; Blank USB flash drives; Cell phone cases; Cell phone covers; Cell phone straps; Compact disc players;
`Electrical pickups for use with musical instruments; Headsets for mobile telephones; Headsets for use with computers; Mouse pads;
`Pickups; Protective covers and cases for cell phones, laptops and portable media players; Protective covers and cases for tablet
`computers; Protective covers for smartphones; Satellite-aided navigation systems; Sleeves for laptops; Earphones; Headphones
`
`International
`Class(es):
`
`009 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`U.S Class(es): 021, 023, 026, 036, 038
`
`First Use: Apr. 07, 2015
`
`Use in Commerce: Apr. 07, 2015
`
`Basis Information (Case Level)
`
`Filed Use: Yes
`
`Filed ITU: No
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: No
`
`Currently Use: Yes
`
`Currently ITU: No
`
`Currently 44E: No
`
`Currently 66A: No
`
`Currently No Basis: No
`
`

`

`Filed No Basis: No
`
`Current Owner(s) Information
`
`Owner Name: Liu Chaofeng
`
`Owner Address:
`
`liu jia wa cun 030 hao
`qian xian yang yu zhen
`xian yang, shanxi CHINA 713306
`
`Legal Entity Type: INDIVIDUAL
`
`Citizenship: CHINA
`
`Attorney/Correspondence Information
`
`Attorney of Record - None
`
`Correspondent
`
`Correspondent
`Name/Address:
`
`LIU CHAOFENG +8618691810257
`BAO AN QU MIN ZHI MIN LE GONG YE YUAN
`LONG XI SHAN ZHUANG C DONG 913
`SHENZHEN, GUANGDONG CHINA 518131
`
`Phone: +8618691810257
`
`Domestic Representative - Not Found
`Prosecution History
`
`Date
`
`Description
`
`Feb. 14, 2017
`
`REGISTERED-PRINCIPAL REGISTER
`
`Jan. 02, 2017
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`Nov. 29, 2016
`
`OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
`
`Nov. 29, 2016
`
`PUBLISHED FOR OPPOSITION
`
`Nov. 09, 2016
`
`NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
`
`Oct. 17, 2016
`
`APPROVED FOR PUB - PRINCIPAL REGISTER
`
`Oct. 17, 2016
`
`ASSIGNED TO EXAMINER
`
`Jul. 13, 2016
`
`NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
`
`Jul. 11, 2016
`
`NEW APPLICATION ENTERED IN TRAM
`TM Staff and Location Information
`
`Current Location: PUBLICATION AND ISSUE SECTION
`
`Date in Location: Feb. 14, 2017
`
`TM Staff Information - None
`
`File Location
`
`Proceeding
`Number
`
`82420
`
`

`

`Generated on: This page was generated by TSDR on 2020-07-13 19:26:42 EDT
`
`Mark: FEEKE
`
`US Serial Number: 88841280
`
`Filed as TEAS
`Plus:
`
`Yes
`
`Register: Principal
`
`Mark Type: Trademark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing
`Date:
`
`Mar. 19, 2020
`
`Currently TEAS
`Plus:
`
`Yes
`
`LIVE/APPLICATION/Under Examination
`
`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.
`
`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.
`
`Status Date: Jun. 11, 2020
`
` 
`
`Mark Literal
`Elements:
`
`FEEKE
`
`Mark Information
`
`Standard Character
`Claim:
`
`Mark Drawing
`Type:
`
`Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
`
`4 - STANDARD CHARACTER MARK
`
`Translation: The wording "FEEKE" has no meaning in a foreign language.
`
`Goods and Services
`
`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.
`
`For: Arm guards for athletic use; Articles of clothing for toys; Balls for sports; Dolls and doll accessories, namely, clothing f