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Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA1284766
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`Filing date:
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`05/12/2023
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
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`92080451
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`Party
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`Correspondence
`address
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`Submission
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`Filer's name
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`Filer's email
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`Signature
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`Date
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`Attachments
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`Plaintiff
`Lonita K. Baker
`
`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
`
`Other Motions/Submissions
`
`Andrea Evans
`
`andrea.evans@evansiplaw.com
`
`/AHE/
`
`05/12/2023
`
`amended petition to cancel diva lawyers-92080451-May122023.pdf(113384
`bytes )
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`
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`
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`Lonita K. Baker,
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`
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`Petitioner,
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`v.
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`The Diva Lawyers Social Club Inc.,
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`Respondent.
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`§
`§
`§
`§
`§
`§
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`§
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`Cancellation No. 92/080,451
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`Pursuant to the Trademark Trial and Appeal Board’s May 1, 2023 Order granting Leave
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`AMENDED PETITION TO CANCEL
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`to Amend, Lonita K. Baker, (“Petitioner”) hereby files this Amended Petition to Cancel the
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`registration DIVA LAWYERS, U.S. Registration No. 5,769,971.
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`1.
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`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
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`about 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, the alleged members identified in Respondent’s
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`registration for DIVA LAWYERS have never used this mark in interstate commerce in
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`connection with a collective mark indicating membership in a social club organization of female
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`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, or any of its members, have ever used DIVA
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`LAWYERS in interstate commerce in connection with a social club organization of female
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`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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`21329
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`-2-
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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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`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’s alleged members did not use Respondent’s
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`mark in connection with a collective mark indicating membership in a social club of female
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`attorneys as of the filing date of the Statement of Use date, or at all, Registration No. 5,769,971
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`is void ab initio, and the 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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`Date: 5/12/2023
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`21329
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`Respectfully submitted,
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`
`
`Lonita K. Baker
`
`
`__/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
`
`
`By:
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`-3-
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`

`

`
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`CERTIFICATE OF SERVICE
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`This is to certify that a copy of the foregoing Amended Petition to Cancel was served on
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`Respondent via electronic mail to divalawyers@gmail.com and atyriasclark@gmail.com this
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`__12th___ day of ___May____, 2023.
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`_________/ahe/___________________________
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`21329
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`-4-
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`

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