Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA1232897
`
`Filing date:
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`08/31/2022
`
`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
`
`Lonita K. Baker
`
`Individual
`
`11505 GARDEN COVE CT
`LOUISVILLE, KY 40291
`UNITED STATES
`
`Citizenship
`
`UNITED STATES
`
`Attorney informa-
`tion
`
`ANDREA EVANS
`THE LAW FIRM OF ANDREA HENCE EVANS, LLC
`14625 BALTIMORE AVE. #853
`LAUREL, MD 20707
`UNITED STATES
`Primary email: andrea.evans@evansiplaw.com
`301-497-9997
`
`Docket no.
`
`Baker-610
`
`Registration subject to cancellation
`
`Registration no.
`
`5769971
`
`Registration date
`
`06/04/2019
`
`Register
`
`Registrant
`
`Principal
`
`THE DIVA LAWYERS SOCIAL CLUB INC
`1158 26TH STREET, #783
`1158 26TH STREET, #783
`SANTA MONICA, CA 90403
`UNITED STATES
`
`Goods/services subject to cancellation
`
`Class 200. First Use: Jan 13, 2014 First Use In Commerce: May 1, 2018
`All goods and services in the class are subject to cancellation, namely: Indicating membership in a
`social club organization of female attorneys
`
`Grounds for cancellation
`
`Mark never used in commerce
`
`Trademark Act Section 14(6)
`
`Related proceed-
`ings
`
`USPTO TTAB Proceeding 9126892
`
`Attachments
`
`petition to cancel diva lawyers.pdf(121479 bytes )
`
`Signature
`
`/ahe/
`
`
`
`ESTTA Tracking number:
`
`ESTTA1232897
`
`Filing date:
`
`08/31/2022
`
`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
`
`Lonita K. Baker
`
`Individual
`
`11505 GARDEN COVE CT
`LOUISVILLE, KY 40291
`UNITED STATES
`
`Citizenship
`
`UNITED STATES
`
`Attorney informa-
`tion
`
`ANDREA EVANS
`THE LAW FIRM OF ANDREA HENCE EVANS, LLC
`14625 BALTIMORE AVE. #853
`LAUREL, MD 20707
`UNITED STATES
`Primary email: andrea.evans@evansiplaw.com
`301-497-9997
`
`Docket no.
`
`Baker-610
`
`Registration subject to cancellation
`
`Registration no.
`
`5769971
`
`Registration date
`
`06/04/2019
`
`Register
`
`Registrant
`
`Principal
`
`THE DIVA LAWYERS SOCIAL CLUB INC
`1158 26TH STREET, #783
`1158 26TH STREET, #783
`SANTA MONICA, CA 90403
`UNITED STATES
`
`Goods/services subject to cancellation
`
`Class 200. First Use: Jan 13, 2014 First Use In Commerce: May 1, 2018
`All goods and services in the class are subject to cancellation, namely: Indicating membership in a
`social club organization of female attorneys
`
`Grounds for cancellation
`
`Mark never used in commerce
`
`Trademark Act Section 14(6)
`
`Related proceed-
`ings
`
`USPTO TTAB Proceeding 9126892
`
`Attachments
`
`petition to cancel diva lawyers.pdf(121479 bytes )
`
`Signature
`
`/ahe/
`
`
`
`Name
`
`Date
`
`Andrea H. Evans, Esq.
`
`08/31/2022
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`Lonita K. Baker,
`
`
`
`
`
`
`
`Petitioner,
`
`
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`
`
`
`
`
`
`
`
`
`v.
`
`
`
`
`
`
`
`
`The Diva Lawyers Social Club Inc.,
`
`
`
`
`
`
`
`
`
`Respondent.
`
`
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`Cancellation No. _________
`
`
`
`
`
`
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`
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`Lonita K. Baker, (“Petitioner”) believes that she is and will continue to be damaged by
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`PETITION TO CANCEL
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`the registration of the mark DIVA LAWYERS, U.S. Registration No. 5,769,971, and hereby
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`petitions to cancel same pursuant to the provisions of 15 U.S.C. § 1064.
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`1.
`
`The Diva Lawyers Social Club Inc. (“Respondent”) is the record owner of U.S.
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`Registration No. 5,769,971 for the mark DIVA LAWYERS as a collective mark “indicating
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`membership in a social club organization of female attorneys,” in Class 200.
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`2.
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`Respondent's registration issued on June 4, 2019, claiming first use in commerce
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`at least as early as May 1, 2018, and first use anywhere at least as early as January 13, 2014 in
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`connection with its collective mark.
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`3.
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`Petitioner is the owner of Application Serial No. 87/939,686 for the mark
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`for “providing legal information, namely, legal information about
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`civil rights, personal injury, business law, and criminal law proffered to clients hired by an
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`
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`21329
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`
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`individual attorney and not pertaining to membership of any social club organization,” in Class
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`45. This application was filed under Section 1(b) of the Lanham Act on May 29, 2018.
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`4.
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`On April 23, 2021, Respondent filed Notice of Opposition No. 91/268,921 against
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`Petitioner’s Application for Serial No. 87/939,686.
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`5.
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`Upon information and belief, Respondent has never used the mark DIVA
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`LAWYERS in interstate commerce in connection with a collective mark indicating membership
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`in a social club organization of female attorneys.
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`6.
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`In Opposition No. 91/268,921, Respondent responded to discovery by showing its
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`mark presented as #divalawyers or as a domain name, www.divalawyers.com.
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`7.
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`Respondent’s use of “diva lawyers” as a hashtag or domain name address do not
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`qualify as acceptable trademark use for a collective mark.
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`8.
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`At no point during discovery in Opposition No. 91/268,921 has Respondent
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`provided any documents or evidence that it has used DIVA LAWYERS in interstate commerce
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`in connection with a social club organization of female attorneys.
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`9.
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`In Opposition No. 91/268,921, Respondent did not provide any documents
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`showing use of DIVA LAWYERS at any time in connection with its filed Notice of Reliance.
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`10.
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`In Opposition No. 91/268,921, Respondent did not provide any declaration or
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`affidavits with its Notice of Reliance indicating that DIVA LAWYERS was used in any way
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`with a social club organization of female attorneys.
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`11.
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`In Opposition No. 91/268,921, Respondent did not provide any final pretrial
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`disclosures. No documents or witness were therefore specified to show or testify about use of
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`the DIVA LAWYERS mark.
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`21329
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`-2-
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`12.
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`Upon claiming use, an applicant must make a verified statement that the applied-
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`for-mark is in use in commerce for all of the covered goods, services, or, membership claims as
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`of the date when a Statement of Use is submitted.
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`13.
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`Accordingly, given that Respondent did not use its mark in connection with a
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`collective mark indicating membership in a social club of female attorneys as of the filing date of
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`the Statement of Use date, or at all, Registration No. 5,769,971 is void ab initio, and the
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`registration must be canceled.
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`14.
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`The continued existence of Registration No. 5,769,971, in connection with the
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`collective mark identified in Respondent’s registration, damages Petitioner, as the registration
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`confers upon Respondent various statutory presumptions to which it is not entitled.
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`WHEREFORE, pursuant to Section 14 of the Lanham Act, 15 USC §1064, Petitioner
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`respectfully requests that U.S. Registration No. 5,769,971 be canceled and that this Petition to
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`Cancel be sustained.
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`Respectfully submitted,
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`
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`
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`Lonita K. Baker
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`August 31, 2022
`
`
`
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`By:
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`_____________/ahe/____________________
`Andrea H. Evans
`The Law Firm of Andrea Hence Evans, LLC
`14625 Baltimore Avenue, #853
`Laurel, Maryland 20707
`(301) 497-9997
`Andrea.evans@evansiplaw.com
`
`
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`CERTIFICATE OF SERVICE
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`Date:
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`This is to certify that a copy of the foregoing Petition to Cancel was served on Respondent at its
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`address of record, The Diva Lawyers Social Club, Inc., 1158 26th Street, 783, Santa Monica,
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`21329
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`-3-
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`
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`California 90403 via electronic mail to divalawyers@gmail.com and atyriasclark@gmail.com
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`this ___31st__ day of ____August___, 2022.
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`_/Andrea H. Evans, Esq./________________________
`The Law Firm of Andrea Hence Evans, LLC
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`
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`21329
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`-4-
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`
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