Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA Tracking number:
`
`ESTTA1118005
`
`Filing date:
`
`03/03/2021
`
`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
`
`Admar International, Inc.
`Corporation
`3030 AURORA AVENUE
`MONROE, LA 71201
`UNITED STATES
`
`Citizenship
`
`Delaware
`
`ROBERT M. CHIAVIELLO, JR.
`NUBYLAW
`3030 AURORA AVENUE
`MONROE, LA 71201
`UNITED STATES
`Primary Email: bobc@nuby.com
`Secondary Email(s): bobc@nuby.com, carleyl@nuby.com
`3184104012
`
`Docket Number
`
`Registration Subject to Cancellation
`
`Registration No.
`Registrant
`
`07/09/2019
`Registration date
`5801066
`SHENZHEN SHANQUANMEI E-COMMERCE CO., LTD
`B17-104, OVERSEAS FRIENDSHIP BUILDING
`YINGCHUN ROAD, NANHU STREET, LUOHU DIST.
`SHENZHEN, 518000
`CHINA
`
`Goods/Services Subject to Cancellation
`
`Class 007. First Use: 2019/04/22 First Use In Commerce: 2019/04/22
`All goods and services in the class are subject to cancellation, namely: Beverage preparation ma-
`chines, electromechanical; Bicycle assembling machines; Brushes for vacuum cleaners; Car
`washinginstallations; Carpet cleaning machines, namely, carpet extractors; Central vacuum cleaning
`installations; Cleaning appliances utilizing steam; Disintegrators for chemical processing; Dust ex-
`haustinginstallations for cleaning purposes; Dust filters and bags for vacuum cleaners;Dust removing
`installations for cleaning purposes; Electrically-powered steam cleaning device comprising a hose
`and nozzle and a vapor-producing chamber that is attached to a water source; Embossing machines;
`Gas-operated welding machines;Glass-working machines; Hoists; Hoses for vacuum cleaners; Igni-
`tion devices formotors of land vehicles; Injection plastic molding machines; Lifting jacks other than
`hand-operated; Loading and unloading machines; Machines for cleaning surfaces using high pres-
`sure water; Metalworking machine tools; Paper trimming machines for commercial or industrial use;
`Parquet wax-polishers, electric; Pigs for cleaning pipes; Power-operated lifts formoving, parking and
`storing land vehicles; Power-operated polishers; Power-operated spray guns; Power-operated spray-
`ers; Power machines and attachments, namely, jack hammers; Robotic vacuum cleaners;Rubber
`
`

`

`processing machines; Snow plows;Sparking plugs for internal combustion engines; Suction nozzles
`for vacuum cleaners; Vacuum cleaner attachments for disseminating perfumes and disinfectants; Va-
`cuum cleaners; Vehicle parts, namely, engine cases; Vehicle washing installations
`Class 017. First Use: 2019/04/22 First Use In Commerce: 2019/04/22
`All goods and services in the class are subject to cancellation, namely: Asbestos cloth; Asbestos felt;
`Asbestospaper; Cylinder joinings; Fittings, notof metal, for compressed air hoses; Fittings, not of met-
`al, for flexible pipes;Fittings, not of metal, for rigid pipes; Flexible hoses, not of metal; Gum, rawor
`semi-worked; Insulating fabrics; Insulating gloves; Insulating materials; Insulators for cables; Junc-
`tions, not of metal, for flexible pipes; Moldable compounds for use in jointing and packing; Non-metal
`fuel oil hoses; Non-metal pipe muffs; Non-metallic hoses and flexible pipes; Packing materials of rub-
`ber or plastics; Pipe jackets, not of metal; Plastic rods and bars; Rings of rubber for useas pipe con-
`nection seals; Rubber material for recapping tyres; Rubber sheets; Rubber sleeves for protecting
`parts of machines; Rubber stoppers for industrial packaging containers; Rubber, raw or semi-worked;
`Sealant compounds for joints; Shock absorbing rubber buffers for industrial machinery; Synthetic rub-
`ber; Tintedplastic film for use on windows; Vehicle radiator connecting hoses; Washers of rubber or
`vulcanized fiber; Watering hoses; Waterproof sealants; Window stops ofrubber; Sealing and insulat-
`ing materials
`
`Grounds for Cancellation
`
`Priority and likelihood of confusion
`
`Trademark Act Sections 14(1) and 2(d)
`
`Marks Cited by Petitioner as Basis for Cancellation
`
`U.S. Application
`No.
`Registration Date
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`88634179
`
`Application Date
`
`09/27/2019
`
`NONE
`
`NUBY
`
`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`Class 003. First use: First Use: 0 First Use In Commerce: 0
`Baby bubble bath, Baby hand soap, Baby lotion, Baby oil, Baby oils, baby
`powder,  Baby powders, Baby sun creams, Baby wipes impregnated with
`cleaning preparations, Body cream, Body cream soap, Body creams, Body lo-
`tion, Body lotions, Body oil, Body oils, Body powder, Body scrub, Body scrubs,
`Body sprays, Body wash--Â all the foregoing for use only by babies, infants and
`children;Â Dish detergents;Â Face creams for use only by babies, infants and
`children;Â Laundry detergent; laundry detergents;Â Â Laundry fabric conditioner;
`Laundry soap;Â Lip balm, Lip cream, Moisturizing creams, Â Moisturizing pre-
`parations for the skin--Â all the foregoingfor use only by babies, infants and chil-
`dren;Â Cases for baby wipes impregnated with cleaning preparations; Deodor-
`ants for body care;Â Â Disposable wipes impregnated with cleaning chemicals
`or compoundsfor industrial and commercial use; Faceand body beauty creams,
`Face and body creams, Face and body lotions, Facial moisturizers--Â all the
`foregoing for use only by babies, infants and children;Â Handcleaning
`gels;Â Hand cleaners;Â Liquid laundry detergent;Â Liquid soaps for laundry; Lo-
`tions for face and body care, Moisturizing body lotions--Â all the foregoingfor use
`only by babies, infants and children;Â Nasal cleaning preparations for personal
`sanitary purposes; Non-medicatedlip balm that does not contain
`beeswax;Â Non-medicated lip balms;Â Non-medicated lip care prepara-
`tions;Â Non-medicated balms for use on lips;Â Non-medicated herbalbody care
`products, namely, body oils, salves, and lip balms;Â Non-medicated lotions for
`body;Â Non-medicated skin care preparation, namely, body mist--Â all the fore-
`
`

`

`going for use only by babies, infants and children;Â Non-medicated soaps for
`babies;Â Powder laundry detergents;Â Pre-moistened towelettes impregnated
`with a detergent for cleaning;Â Scented body lotions and creams for babies, in-
`fants and children;Â Skin moisturizer;Â Skin moisturizing gel;Â Â Skin care pre-
`parations, namely, body balm--Â all the foregoing for useonly by babies, infants
`and children;Â Skin cleanser in liquid spray form for use as a baby wipe alternat-
`ive;Â Tooth cleaning preparations
`
`U.S. Registration
`No.
`Registration Date
`
`6097906
`
`07/07/2020
`
`Application Date
`
`09/27/2019
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`NUBY
`
`NONE
`
`Class 005. First use: First Use: 1998/01/01 First Use In Commerce: 1998/01/01
`Aloe vera gel for therapeutic purposes;Aloe vera preparations for therapeutic
`purposes; Anti-bacterial soap; Anti-cough drops; Anti-inflammatories; Anti-
`inflammatory and antipyretic preparations; Anti-inflammatory gels; Anti-
`inflammatory ointments; Anti-inflammatory salves; Anti-inflammatory sprays;
`Anti-itch cream; Anti-itch ointment; Antibacterial hand lotions; Antibacterial hand
`soaps; Antibacterial handwash; Antibacterial handwashes; Antibacterial liquid
`soap; Antibacterial liquid soaps; Antibacterial skin soaps; Antibacterial soap; An-
`tibacterial spray; Antibacterial wipes; Babies' diaper-pants; Babies' diapers; Ba-
`bies' diapers of paper; Babies' napkin-pants; Babies' napkins; Babies' swim di-
`apers; Baby diapers; Baby food; Baby foods; Breast pads; Calamine lotion; Dis-
`posable sanitizing wipes; Disposable training pants; Haemorrhoid preparations;
`Hemorrhoid preparations; Hemorrhoid treatment preparations; Hemorrhoidal
`ointments; Herbal supplements; Homeopathic supplements; Hydrocortisone
`cream; Infant cloth diapers; Infant diaper covers; Infant formula; Insect repel-
`lents; Insect repellents in pre-moistened towelette form; Insect-repellents; Kits
`comprised primarily of sanitizer gel and disinfecting wipes and also including
`sanitary masks, plastic gloves andhand cream used for germ prevention;
`Mentholated ointment for medical use; Mercurial ointments for medical use; Nail
`fungus treatment preparations; Non-medicated topical gel for the prevention and
`treatment of allergies; Non-medicated topical gel for the prevention and treat-
`mentof cold and flu; Nursing pads; Nutritional supplements; Nutritional supple-
`ments, namely, probiotic compositions; Pharmaceutical skin lotions; Prepara-
`tions for repelling animals, birds and insects; Teething gels; Topical dermatolo-
`gical preparations that treat insect bites and stings; Topical first aid gel; Topical
`gel for medical and therapeutic treatment ofdiaper rash; Wearable insect re-
`pelling devices for attachment to clothing sold pre-filled with insect repelling pre-
`parations; Anti-insect spray; Bracelets impregnated with insect repellent; Breast-
`nursing pads; Dietary and nutritional supplements; Disposable baby diapers;
`Disposable swim diapers for children and infants; First aid kits; First aid kits for
`domestic or other non-professional use; Food for babies; Food for infants; Food
`for infants, namely, human breast milk; Gels, creams and solutions for dermato-
`logical use; Homeopathic anti-inflammatory ointment; In vitro gender prediction
`test kit; In-vitro ovulation prediction test kit for home use; Liquid herbal supple-
`ments; Liquid nutritional supplement; Medicated baby oils; Medicated baby
`powders; Medicated cream soap; Medicated creams for treating dermatological
`conditions; Medicated shampoos for babies; Medicated skin care preparations,
`namely, creams, lotions, gels, toners, cleaners and peels; Medicated soaps for
`babies; Medicated supplements for foodstuffs for babies; Medicinal creams for
`skin care; Mineral nutritional supplements; Mosquito-repellent patches for ba-
`bies; Multipurpose medicated antibiotic cream, analgesic balm and mentholated
`
`

`

`U.S. Application
`No.
`Registration Date
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`salve; Nappies as baby diapers; Natural herbal supplements; Ovulation test kits;
`Powdered milk for babies; Pregnancy test kits for home use; Preparations to
`prevent nail-biting and thumb-sucking; Tissues impregnated with antibacterial
`preparations; Topical analgesic creams
`
`88634601
`
`Application Date
`
`09/27/2019
`
`NONE
`
`NUBY
`
`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`Class 007. First use: First Use: 0 First Use In Commerce: 0
`Electric food blenders; Electric food blenders; Electric food choppers; Electric
`food grinders; Electric food processors; Electric food slicers; Electric fruitpeelers;
`Electric fruit presses; Electric fruit squeezers ; Electric juice extractors; Electric
`juicers; Electric mixers; Electric mixers ; Electrical juice extractors for fruit; Elec-
`trical squeezersfor fruit and vegetable; Food processors, electric; Fruit presses,
`electric; Hand-held electric-powered food processors; Juice extractors, electric;
`all of theforegoing for household use
`
`U.S. Registration
`No.
`Registration Date
`
`6103677
`
`07/14/2020
`
`Application Date
`
`09/27/2019
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`NUBY
`
`NONE
`
`Class 008. First use: First Use: 1998/01/01 First Use In Commerce: 1998/01/01
`Emery boards; Fingernail clippers; Flatware, namely, forks, knives, and
`spoons;Manicure sets; Nail clippers; Nail scissors; Tableware, namely, knives,
`forks and spoons; Disposable tableware, namely,knives, forks and spoons; Dis-
`posable tableware, namely, spoons; Forks and spoons being tableware; Forks
`being tableware; Knives being tableware; Knives, forks,and spoons being table-
`ware; Spoons being tableware
`
`U.S. Registration
`No.
`Registration Date
`
`2335700
`
`03/28/2000
`
`Application Date
`
`04/20/1999
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`NUBY
`
`NONE
`
`Class 010. First use: First Use: 1998/01/01 First Use In Commerce: 1998/01/01
`Infant Pacifier(s)
`
`U.S. Registration
`No.
`Registration Date
`
`6103678
`
`07/14/2020
`
`Application Date
`
`09/27/2019
`
`Foreign Priority
`
`NONE
`
`

`

`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`U.S. Application
`No.
`Registration Date
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`Date
`
`NUBY
`
`NONE
`
`Class 010. First use: First Use: 1998/01/01 First Use In Commerce: 1998/01/01
`Babies' bottles; Baby bottle nipples; Baby bottle that plays sounds using wire-
`less technology; Baby bottles; Baby feeding dummies; Baby feeding pacifiers;
`Babynursers; Breast milk storage bottles; Breast pumps; Breast shields; Breast
`warmer pads for medical purposes; Dropper bottles for administering medica-
`tion, soldempty; Droppers for administering medication, sold empty; Feeding
`bottle teats;Feeding bottles; Gum massaging instruments; Nasal aspirators;
`Nursing bottles; Pacifier clips; Pacifier cloth for attachment to infant pacifiers;
`Spoons for administering medicine; Teething rings; Thermometers for medical
`purposes; Thermometers for medical use; Bottle holders for holding babies'
`bottles, namely, holders for holding babies' bottles during feeding in the nature
`of flexible braces for wearing around the neck of the personholding a feeding
`baby; Bottle holders for holding babies' bottles, namely, holders for holding ba-
`bies' bottles in the nature of rigid braces for clamping to babies' seats during
`feeding; Clinical thermometers; Clips for pacifiers; Cups adapted for feeding ba-
`bies and children; Dishes adapted for feeding babies and children; Disposable
`baby bottle liners; Disposable feeding bottle teats; Disposable teats being paci-
`fiers for babies; Dummies for babies; Ear thermometers; Fever thermometers;
`Gum massagers for babies; Infrared thermometers for medical purposes;
`Nipples for baby bottles; Pacifiers for babies; Pouches specially adapted for
`holding pacifiers; Teats being pacifiers for babies; Teething rings incorporating
`baby rattles
`
`88634609
`
`Application Date
`
`09/27/2019
`
`NONE
`
`NUBY
`
`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`Class 011. First use: First Use: 0 First Use In Commerce: 0
`Baby bottle sterilizers; Child safe protective covers for bathtub spouts; Electric
`vaporizers for household purposes; Electric warmers for feeding bottles; Toilet
`trainer seats, namely, smaller training seats for attachment to full-size toilets and
`toilet seats for training purposes; Electric heaters for babies' bottles; Heaters,
`electric, for feeding bottles; Toilet bowls for children; Toilet seat adaptors for chil-
`dren in the nature of a plastic device that is specially adapted to rest on a toilet
`seat; Toilet seats for children
`
`U.S. Registration
`No.
`Registration Date
`
`6118908
`
`08/04/2020
`
`Application Date
`
`01/28/2020
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`NUBY
`
`NONE
`
`Class 012. First use: First Use: 2013/11/18 First Use In Commerce: 2013/11/18
`
`

`

`Child restraints for vehicle seats; Child safety harnesses for vehicle seats; Chil-
`dren's safety belts for use in vehicles; Cup holders for use in automobiles; Cup
`holders for use in vehicles; Cup holders for vehicles; Seat safety harnessesfor
`motor cars; Stroller covers; Stroller hoods; Aftermarket automobile accessories,
`namely, car interior organizer bags, nets and trays specially adapted for fitting in
`vehicles; Baby strollers; Bags adapted for strollers; Blankets specially adapted
`for baby strollers; Canopiesfor baby strollers; Car interior organizer bags spe-
`cially adapted for fitting in vehicles; Covers for baby strollers; Fitted car seat cov-
`ers; Fitted stroller mosquito nets; Fitted covers for children's car seats; Vehicle
`seat cushions; Vehicle seat protectors
`
`U.S. Registration
`No.
`Registration Date
`
`6259435
`
`02/02/2021
`
`Application Date
`
`02/03/2020
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`U.S. Application
`No.
`Registration Date
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`U.S. Application
`No.
`Registration Date
`
`Word Mark
`Design Mark
`Description of
`Mark
`
`NUBY
`
`NONE
`
`Class 016. First use: First Use: 1998/01/01 First Use In Commerce: 1998/01/01
`Baby books; Illustrations; Prints; Art prints; Art prints on canvas; Chil-
`dren'sbooks; Children's activity books; Children's interactive educational books;
`Color prints; Flip books; Graphic prints; Graphic prints and representations;
`Memory boxes, namely, cardboard boxes containing cardboard cards for dis-
`playing and storing babies and children keepsakes andmementos; Pictorial
`prints; Picture books; Printed stories in illustrated form;Story books
`
`88634611
`
`Application Date
`
`09/27/2019
`
`NONE
`
`NUBY
`
`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`Class 020. First use: First Use: 0 First Use In Commerce: 0
`Baby bouncers; Baby changing mats; Babychanging platforms; Baby walkers;
`Booster seats; Bottle racks; Clothes hangers;Bath seats for babies; Cots for ba-
`bies;Cribs for babies; Furniture primarily of metal, namely, mirrors, bed frames,
`dining tables, coffee tables, end tables, desks, display cases, shelving, dog
`gates, and baby gates; Hangers for clothes; High chairs for babies; Non-metal
`safetygates for babies, children, and pets; Plastic bottle caps for storing
`powdered nutritional supplements and for dispensing those supplements into the
`bottle; Playpens for babies; Portable baby bath seats for use in bath tubs
`
`88634612
`
`Application Date
`
`09/27/2019
`
`NONE
`
`NUBY
`
`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Goods/Services
`
`U.S. Application
`No.
`Registration Date
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`Class 021. First use: First Use: 0 First Use In Commerce: 0
`Baby bathtubs; Combs; Electric tooth brushes; Electric toothbrush replacement
`handles and recharging docks sold as a unit; Hair brushes; Hair, nail and tooth
`brushes; Hairbrushes; Infant bathtubs; Plastic bath racks; Plastic bathtubs for
`children; Potties for children; Tooth brushes; Toothbrush cases; Toothbrush
`head covers; Toothbrush holders; Dental care kit comprising toothbrushes and
`floss; Electric toothbrush replacement heads; Electric toothbrushes; Electrical
`toothbrushes; Finger toothbrushes; Finger toothbrushes for babies; Hair combs;
`Home dental care product for babies and children's gums and teeth, namely, fin-
`ger brushes; Inflatable bath tubs for babies; Interdental brushes for cleaning the
`teeth; Manual toothbrushes; Oral care kit comprising toothbrushes and floss;
`Portable potties for children; Powder applicator sold empty for holding and dis-
`pensing babypowder; Stands for portable baby baths;Tooth brushes, non-
`electric; Toothbrushes; Toothbrushes, electric
`
`88634614
`
`Application Date
`
`09/27/2019
`
`NONE
`
`NUBY
`
`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`Class 022. First use: First Use: 0 First Use In Commerce: 0
`Bath toy organizers in the nature of net bags secured by suction cups; Multi-
`strand lanyard used to attach a child's toys, bottles, books, sippy cup and other
`similar items to a stroller, car seat, high chair, store cart or other similar apparat-
`us; Tethers in the nature of polypropylene straps that are secured with suction
`cups to an object for holding children's utensils and toys
`
`U.S. Registration
`No.
`Registration Date
`
`6103679
`
`07/14/2020
`
`Application Date
`
`09/27/2019
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`U.S. Application
`No.
`Registration Date
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`NUBY
`
`NONE
`
`Class 024. First use: First Use: 1998/01/01 First Use In Commerce: 1998/01/01
`Baby bedding, namely, bundle bags, swaddling blankets, crib bumpers, fitted
`crib sheets, crib skirts, crib blankets, and diaper changing pad covers not of pa-
`per; Baby blankets; Burp cloths; Diaper changing pads not of paper; Diaper
`changing cloths for babies; Sleeping bags for babies
`
`88634618
`
`Application Date
`
`09/27/2019
`
`NONE
`
`NUBY
`
`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`Class 024. First use: First Use: 0 First Use In Commerce: 0
`
`

`

`U.S. Application
`No.
`Registration Date
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`Children's towels
`
`88634623
`
`Application Date
`
`09/27/2019
`
`NONE
`
`NUBY
`
`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`Class 028. First use: First Use: 0 First Use In Commerce: 0
`Baby gyms; Baby multiple activity toys;Baby rattles; Baby rattles incorporating
`teething rings; Baby swings; Mobiles for children; Play balls; Toy animals; Toy
`animals and accessories therefor; Toy jewelry; Toy stuffed animals; Toy
`vehicles; Bath toys; Bathtub toys; Carry bags sold filled with children's toys; Chil-
`dren's multiple activity toys; Crib mobiles; Crib toys; Decorative toy mobiles an-
`dplush toys for children made of felt; Infant toys; Infant action crib toys; Infant
`development toys; Musical toys; Plastic character toys; Play mats containingin-
`fant toys; Plush toys; Plush toys with attached comfort blanket; Soft sculpture
`plush toys; Squeezable squeaking toys; Squeeze toys; Stuffed toy animals;
`Stuffed toy bears; Stuffed toys; Stuffed and plush toys; Toy mobiles; Toy music-
`al boxes; Two and three dimensional positionable toy figures sold as a unit with
`other toys; Water toys; Water squirting toys; Water-squirting toys
`
`Attachments
`
`Newbe - US Cancellation - Reg No - Petition - Final.pdf(242243 bytes )
`
`Signature
`Name
`Date
`
`/Robert M. Chiaviello, Jr./
`Robert M. Chiaviello, Jr.
`03/03/2021
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`In the Matter of Registration No. 5,801,066
`
`For the Mark: NEWBE
`
`Registered: 09 July 2019
`
`
`ADMAR INTERNATIONAL, INC.,
`
`
`
`
`
`
`
`Petitioner,
`
`
`
`Cancellation No. _________
`
`)
`)
` )
`
`)
`)
`)
`)
` )
`
` )
`
`)
`)
` )
`
`)
`)
`
`
`
`
`
`
`
`
`
`SHENZHEN SHANQUANMEI
`
`v.
`
`E-COMMERCE CO., LTD.,
`
`
`
`Respondent.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Admar International, Inc., Petitioner, a corporation organized and existing under the laws
`
`of Delaware with a principal place of business at 3030 Aurora Avenue, Monroe, LA 71201,
`
`believes that it has been and will continue to be damaged by U.S. Trademark Registration No.
`
`5,801,066 for the mark NEWBE, and hereby petitions for cancellation of the NEWBE registration
`
`pursuant to Section 14(1) of the Lanham Trademark Act of 1946 ("Lanham Act"), 15 U.S.C. §
`
`1064(1).
`
`As grounds for cancellation, Petitioner alleges as follows:
`
`1. Petitioner is in the business of owning and licensing intellectual property.
`
`2. Petitioner is the owner of the six U.S. Trademark Registrations and eight U.S. Trademark
`
`Applications for the word mark NUBY in the various international classes, including
`
`
`
`1
`
`

`

`international class 7, and for the various goods and services as set out in the chart attached
`
`as Exhibit A.
`
`3. Petitioner has licensed the NUBY word mark in interstate commerce in the United States
`
`to Luv n’ care, Ltd., continuously since January 1, 1998 for use in connection with the sale
`
`and distribution of products falling within international class 7. All good will associated
`
`with the use of the NUBY mark accrues to the benefit of Petitioner.
`
`4. As a result of the widespread, continuous, and exclusive use of the NUBY mark on
`
`products falling within international class 7 to identify Petitioner as their ultimate source,
`
`Petitioner owns valid and subsisting federal statutory and common law rights to the NUBY
`
`mark.
`
`5. Petitioner’s NUBY mark is distinctive to both the consuming public and Petitioner’s trade.
`
`6. Petitioner and Petitioner’s licensee have expended substantial time, money and resources
`
`marketing and promoting products falling within international class 7 sold under the
`
`NUBY mark throughout the United States including the use of point of purchase materials,
`
`displays and social media.
`
`7. The products falling within international class 7 Petitioner has licensed under the NUBY
`
`mark are of high quality encompassing attractive and unique product designs and are
`
`constructed of high quality materials using state of the art manufacturing. Petitioner has at
`
`all times exercised control over the quality of the products licensed for use under the NUBY
`
`mark to insure that they are of the highest quality.
`
`8. Upon information and belief, Respondent, Shenzhen Shanquanmei E-Commerce Co.,
`
`Ltd., a China limited company with an address of B17-104, Overseas Friendship Building
`
`Yingchun Road, Nanhu Street, Luohu Dist. Shenzhen, China 518000 is the current listed
`
`
`
`2
`
`

`

`owner of Registration No. 5,801,066 for the mark NEWBE in connection with Beverage
`
`preparation machines, electromechanical; Bicycle assembling machines; Brushes for
`
`vacuum cleaners; Car washing installations; Carpet cleaning machines, namely, carpet
`
`extractors; Central vacuum cleaning installations; Cleaning appliances utilizing steam;
`
`Disintegrators for chemical processing; Dust exhausting installations for cleaning
`
`purposes; Dust filters and bags for vacuum cleaners; Dust removing installations for
`
`cleaning purposes; Electrically-powered steam cleaning device comprising a hose and
`
`nozzle and a vapor-producing chamber that is attached to a water source; Embossing
`
`machines; Gas operated welding machines; Glass-working machines; Hoists; Hoses for
`
`vacuum cleaners; Ignition devices for motors of land vehicles; Injection plastic molding
`
`machines; Lifting jacks other than hand-operated; Loading and unloading machines;
`
`Machines for cleaning surfaces using high pressure water; Metalworking machine tools;
`
`Paper trimming machines for commercial or industrial use; Parquet wax-polishers, electric;
`
`Pigs for cleaning pipes; Power operated lifts for moving, parking and storing land vehicles;
`
`Power-operated polishers; Power-operated spray guns; Power-operated sprayers; Power
`
`machines and attachments, namely, jack hammers; Robotic vacuum cleaners; Rubber
`
`processing machines; Snow plows; Sparking plugs for internal combustion engines;
`
`Suction nozzles for vacuum cleaners; Vacuum cleaner attachments for disseminating
`
`perfumes and disinfectants; Vacuum cleaners; Vehicle parts, namely, engine cases; Vehicle
`
`washing installations slings for carrying infants, infant carriers worn on the body and their
`
`component parts, namely, straps and braces in International Class 7. That trademark
`
`registration, based on an application filed on August 31, 2017, was issued on July 9, 2019.
`
`
`
`3
`
`

`

`9. Petitioner’s NUBY mark has priority over Respondent’s mark because Petitioner’s first-
`
`use date of the NUBY mark predates the filing, first use and first use in commerce dates of
`
`Respondent’s application for Registration No. 5,801,066 or any other date on which the
`
`Respondent may rely for purposes of priority.
`
`10. Respondent’s mark when spoken or used verbally is so like Petitioner’s NUBY mark as to
`
`be likely to cause confusion, mistake, or deceive consumers into believing that
`
`Respondent’s goods and services originate from, are sponsored or endorsed by or are
`
`somehow associated with Petitioner.
`
`11. The goods and services covered by Respondent’s Trademark Registration No. 5,801,066
`
`are used in connection with products identical to the products falling within international
`
`class 7 Petitioner offers under its NUBY mark.
`
`12. Respondent’s Trademark Registration No. 5,801,066 is unrestricted as to consumers or
`
`trade channels. As such, it is presumed that Respondent’s goods and services identified in
`
`the challenged registration are sold to ordinary consumers of products falling within
`
`international class 7 using Petitioner’s mark and travel in all ordinary trade channels
`
`through which Petitioner’s licensee sells its products falling within international class 7
`
`under the NUBY mark.
`
`GROUND FOR CANCELLATION –
`PRIORITY AND LIKELIHOOD OF CONFUSION
`
`
`13. Respondent’s registration should be cancelled because it consists of a mark which is
`
`verbally identical to Petitioner’s previously used NUBY mark as to be likely, when used
`
`in connection with Respondent’s goods and services, to cause confusion, mistake, or
`
`deception, and to cause damage to Petitioner thereby.
`
`WHEREFORE, Petitioner respectfully requests that its cancellation be sustained, and the
`
`
`
`4
`
`

`

`Respondent’s Trademark Registration No. 5,801,066 be cancelled.
`
`Respectfully submitted this 3rd day of March 2021,
`
`_/s/Robert M. Chiaviello Jr._____
`Robert M. Chiaviello, Jr.
`NubyLaw
`New York Bar No. 2148687
`Texas Bar No. 04190720
`Louisiana Bar No. 37370
`3030 Aurora Avenue
`Monroe, LA 71201
`(318) 410-4012
`bobc@nuby.com
`
`Attorney for Petitioner Admar International, Inc.
`
`
`
`5
`
`
`
`
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`EXHIBIT A
`EXHIBIT A
`
`
`
`6
`
`

`

`Class
`
`Reg./Ser.
`Number
`88634179 3
`
`6,097,906 5
`
`Nuby Word Mark Applications
`
`Goods
`
`Baby bubble bath; Baby hair conditioner; Baby hand soap; Baby lotion;
`Baby oil; Baby oils; Baby powder; Baby powders; Baby shampoo; Baby
`sun creams; Baby wipes impregnated with cleaning preparations; Body
`cream; Body cream soap; Body creams; Body lotion; Body lotions; Body
`oil; Body oils; Body powder; Body scrub; Body scrubs; Body sprays; Body
`wash; Dish detergents; Face creams; Laundry detergent; Laundry
`detergents; Laundry fabric conditioner; Laundry soap; Lip balm; Lip balm;
`Lip cream; Moisturizing creams; Moisturizing creams; Moisturizing
`preparations for the skin; Shampoo-conditioners; Shampoos; Cases for baby
`wipes impregnated with cleaning preparations; Deodorants for body care;
`Disposable wipes impregnated with cleaning chemicals or compounds for
`industrial and commercial use; Face and body beauty creams; Face and
`body creams; Face and body lotions; Facial moisturizers; Hair shampoo;
`Hair shampoos and conditioners; Hand cleaning gels; Hand cleaners; Liquid
`laundry detergents; Liquid soaps for laundry; Lotions for face and body
`care; Moisturizing body lotions; Nasal cleaning preparations for personal
`sanitary purposes; Non-medicated lip balm that does not contain beeswax;
`Non-medicated lip balms; Non-medicated lip care preparations; Non-
`medicated balms for use on lips; Non-medicated herbal body care products,
`namely, body oils, salves, and lip balms; Non-medicated lotions for body;
`Non-medicated skin care preparation, namely, body mist; Non-medicated
`soaps for babies; Non-medicated soaps for babies; Powder laundry
`detergents; Pre-moistened towelettes impregnated with a detergent for
`cleaning; Scented body lotions and creams; Shampoos for babies; Skin
`moisturizer; Skin moisturizing gel; Skin care preparations, namely, body
`balm; Skin cleanser in liquid spray form for use as a baby wipe alternative;
`Tooth cleaning preparations
`Aloe Vera gel for therapeutic purposes; Aloe Vera preparations for
`therapeutic purposes; Anti-bacterial soap; Anti-cough drops; Anti-
`inflammatories; Anti-inflammatory and antipyretic preparations; Anti-
`inflammatory gels; Anti-inflammatory ointments; Anti-inflammatory
`salves; Anti-inflammatory sprays; Anti-itch cream; Anti-itch ointment;
`Antibacterial hand
`lotions; Antibacterial hand soaps; Antibacterial
`handwash; Antibacterial handwashes; Antibacterial
`liquid
`soap;
`Antibacterial liquid soaps; Antibacterial skin soaps; Antibacterial soap;
`Antibacterial spray; Antibacterial wipes; Babies' diaper-pants; Babies'
`diapers; Babies' diapers of paper; Babies' napkin-pants; Babies' napkins;
`Babies' swim diapers; Baby diapers; Baby food; Baby foods; Breast pads;
`Calamine lotion; Disposable sanitizing wipes; Disposable training pants;
`Hemorrhoid preparations; Hemorrhoid preparations; Hemorrhoid treatment
`preparations; Hemorrhoidal ointments; Herbal supplements; Homeopathic
`supplements; Hydrocortisone cream; Infant cloth diapers; Infant diaper
`
`
`
`7
`
`

`

`covers; Infant formula; Insect repellents; Insect repellents in pre-moistened
`towelette form; Insect-repellents; Kits comprised primarily of sanitizer gel
`and disinfecting wipes and also including sanitary masks, plastic gloves and
`hand cream used for germ prevention; Mentholated ointment for medical
`use; Mercurial ointments for medical use; Nail fungus treatment
`preparations; Non-medicated topical gel for the prevention and treatment of
`allergies; Non-medicated topical gel for the prevention and treatment of
`cold and flu; Nursing pads; Nutritional supplements; Nutritional
`supplements, namely, probiotic compositions; Pharmaceutical skin lotions;
`Preparations for repelling animals, birds and insects; Teething gels; Topical
`dermatological preparations that treat insect bites and stings; Topical first
`aid gel; Top