Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1253338
`
`Filing date:
`
`12/10/2022
`
`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
`
`JAEL PRODUCTS
`
`LIMITED LIABILITY COM-
`PANY
`
`5914 GATEWAY DR
`INDIANAPOLIS, IN 46254
`UNITED STATES
`
`Citizenship
`
`INDIANA
`
`Attorney informa-
`tion
`
`TREZANAY M. ATKINS
`TMALAW | THE LAWYER FOR BRANDS
`125 W. SOUTH STREET, #2674
`INDIANAPOLIS, IN 46206
`UNITED STATES
`Primary email: ip-docket@choosetma.com
`317.550.0115 x2
`
`Docket no.
`
`JaelProd-001
`
`Registration subject to cancellation
`
`Registration no.
`
`6086756
`
`Registration date
`
`06/23/2020
`
`Register
`
`Registrant
`
`Principal
`
`Jael's Natural LLC
`D3
`150 LIBERTY PARKWAY
`SPRING VALLEY, NY 10977
`UNITED STATES
`
`Goods/services subject to cancellation
`
`Class 003. First Use: Apr 10, 2019 First Use In Commerce: Apr 10, 2019
`All goods and services in the class are subject to cancellation, namely: Bar soap; Bath soaps; Body
`lotions; Body wash
`
`Grounds for cancellation
`
`Priority and likelihood of confusion
`
`Trademark Act Sections 14(1) and 2(d)
`
`Abandonment
`
`Trademark Act Section 14(3)
`
`Mark cited by petitioner as basis for cancellation
`
`U.S. application
`no.
`
`97588503
`
`Application date
`
`09/13/2022
`
`
`
`ESTTA Tracking number:
`
`ESTTA1253338
`
`Filing date:
`
`12/10/2022
`
`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
`
`JAEL PRODUCTS
`
`LIMITED LIABILITY COM-
`PANY
`
`5914 GATEWAY DR
`INDIANAPOLIS, IN 46254
`UNITED STATES
`
`Citizenship
`
`INDIANA
`
`Attorney informa-
`tion
`
`TREZANAY M. ATKINS
`TMALAW | THE LAWYER FOR BRANDS
`125 W. SOUTH STREET, #2674
`INDIANAPOLIS, IN 46206
`UNITED STATES
`Primary email: ip-docket@choosetma.com
`317.550.0115 x2
`
`Docket no.
`
`JaelProd-001
`
`Registration subject to cancellation
`
`Registration no.
`
`6086756
`
`Registration date
`
`06/23/2020
`
`Register
`
`Registrant
`
`Principal
`
`Jael's Natural LLC
`D3
`150 LIBERTY PARKWAY
`SPRING VALLEY, NY 10977
`UNITED STATES
`
`Goods/services subject to cancellation
`
`Class 003. First Use: Apr 10, 2019 First Use In Commerce: Apr 10, 2019
`All goods and services in the class are subject to cancellation, namely: Bar soap; Bath soaps; Body
`lotions; Body wash
`
`Grounds for cancellation
`
`Priority and likelihood of confusion
`
`Trademark Act Sections 14(1) and 2(d)
`
`Abandonment
`
`Trademark Act Section 14(3)
`
`Mark cited by petitioner as basis for cancellation
`
`U.S. application
`no.
`
`97588503
`
`Application date
`
`09/13/2022
`
`
`
`Register
`
`Principal
`
`Registration date
`
`NONE
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`JAEL
`
`NONE
`
`Class 003. First use: First Use: Oct 1, 2013 First Use In Commerce: Oct 1, 2013
`Cosmetic body care preparations, namely, creams, butters, cleansers, exfoli-
`ants, and masks; Cosmetic creams for skin care; Cosmetic nourishing creams;
`Cosmetic preparations for bath and shower; Cosmetic preparations for hair care;
`Cosmetic preparations for the hair and scalp; Lip balm; Facial cleansing grains;
`Non-medicated cleansers, namely, cleansing grains; Shea butter for cosmetic
`purposes; Skin cleansers
`
`Attachments
`
`FINAL Petition to Cancel and Attachments JAEL.pdf(938947 bytes )
`
`Signature
`
`/Trezanay M Atkins/
`
`Name
`
`Date
`
`Trezanay M Atkins
`
`12/10/2022
`
`
`
` IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
` BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
` JAEL PRODUCTS LLC
`
` Petitioner,
`
` v.
`
` JAEL'S NATURAL LLC
`
` Registrant.
`
` )
` )
` )
` )
` )
` )
` )
` )
` )
` )
` )
` )
`
` In the Matter of Registration
` 6,086,756
` for the mark JAEL’S NATURAL
`
` PETITION FOR CANCELLATION
`
` JAEL’S NATURAL LLC (“Registrant”), a limited liability company organized under the
`
` laws of the State of New York and is listed in the records of the U.S. Patent and Trademark
`
` Office (“USPTO”) as the registrant of U.S. Registration No. 6,086,756 (the “Registration”) of
`
` JAEL’S NATURAL (the “Mark”), issued on June 23, 2020, for “Bar soap; Bath soaps; Body
`
` lotions; Body wash” in International Class 003.
`
` JAEL PRODUCTS LLC (“Petitioner”), a limited liability company organized under the
`
` laws of the State of Indiana, is an e-commerce business that sells premium quality natural shea
`
` butter-based personal care products. Petitioner believes it is being and will be damaged by the
`
` continued registration of the Mark and hereby petitions to the U.S. Trademark Trial and Appeal
`
` Board to cancel the Mark pursuant to 15 U.S.C. § 1064 (“Petition for Cancellation”).
`
` As grounds for cancellation, Petitioner alleges the following:
`
`
`
` FIRST CAUSE FOR CANCELLATION
`
` (Registrant is Not the Prior, Senior User)
`
` 1.
`
` Commencing long prior to Registrant’s filing date and use dates, Petitioner has
`
` engaged and continues to engage in providing personal care and bath products through its
`
` e-commerce platform.
`
` 2.
`
` Commencing long prior to Registrant’s filing date and use dates, Petitioner has
`
` used, and Petitioner is now using Petitioner’s mark, JAEL, in connection with personal care and
`
` bath products through its e-commerce platform.
`
` 3.
`
` On April 26, 2019, Registrant Jael’s Natural LLC filed an application to register
`
` the mark “JAEL’S NATURAL,” claiming it was first used at least as early as April 10, 2019, and
`
` first used in commerce at least as early as the same date, and is now in use in commerce.
`
` 4.
`
` Petitioner has used the Mark in question through its e-commerce platform from at
`
` least as early as October 2013.
`
` 5.
`
` Because of Petitioner’s evidence of its prior use of the mark “JAEL” in
`
` International Class 003 for “Cosmetic body care preparations, namely, creams, butters, cleansers,
`
` exfoliants, and masks; Cosmetic creams for skin care; Cosmetic nourishing creams; Cosmetic
`
` preparations for bath and shower; Cosmetic preparations for hair care; Cosmetic preparations for
`
` the hair and scalp; Lip balm; Facial cleansing grains; Non-medicated cleansers, namely,
`
` cleansing grains; Shea butter for cosmetic purposes; Skin cleansers”, the Mark was in prior use
`
` by Petitioner before Registrant used it in commerce.
`
` 6.
`
` The Registration creates a legal presumption that the Registrant has valid and
`
` exclusive rights in the Mark for goods identified in the Registration.
`
`
`
` 7.
`
` For the reasons set forth above, Registrant is not entitled to the Registration or to
`
` the legal presumptions that the Registration creates.
`
` 8.
`
` The continued presence of the Registration on the federal trademark register
`
` constitutes an obstacle to Petitioner’s use of the term “JAEL” in future sales through its
`
` e-commerce platform as well as poses an obstacle to registration.
`
` 9.
`
` The Registration, thus, is causing injury and damage to Petitioner.
`
` SECOND CAUSE FOR CANCELLATION
`
` ( Abandonment/Non-Use of Trademark )
`
` 10.
`
` Registrant’s website appears to be inactive as they are no longer taking new
`
` orders. Attached as Attachment 1 is a true and correct screen capture of Registrant’s website.
`
` 11.
`
` Registrant’s social media accounts on both Facebook and Instagram also appear to
`
` be inactive. Attached as Attachment 2 is a true and correct screen capture of Registrant’s
`
` respective social media accounts and most recent posts.
`
` 12.
`
` Upon information and belief, Registrant has discontinued use of the Mark in
`
` connection with all of the services identified in the registration for the Mark, and lacks a bona
`
` fide intention to resume use of the Mark in connection with these services in U.S. commerce.
`
` 13.
`
` Accordingly, Registrant has abandoned the Mark in connection with bar soap,
`
` bath soaps, body lotions, and body wash. Therefore, U.S. Registration No. 6,086,756 is subject
`
` to cancellation pursuant to 15 U.S.C. § 1064(3).
`
`
`
` WHEREFORE , Petitioner respectfully requests that U.S. Registration No. 6,086,756 be
`
` canceled.
`
` Respectfully submitted,
`
` JAEL PRODUCTS LLC
`
` /s/ Trezanay M. Atkins
` Trezanay M. Atkins
` Attorney for Petitioner
` tmalaw | the lawyer for brands
` 125 W. South Street, #2674
` Indianapolis, IN 46206
`
` Date: December 5, 2022
`
`
`
`
`
` ATTACHMENT 1
`ATTACHMENT1
`
`
`
`https://www.jaelsnatural.com/
`
`Currently Not Accepting Any NewOrders.
`
`June 20, 2022, 2:24 PM EDT
`
`Q Search
`
`Login
`
`Signup
`
`@ Cart (0)
`
`.
`Sunshine
`
`$35.00
`
`Shipping calculated at checkout.
`
`Quantity
`
`1
`
`ADD TO CART
`
`
`
`ar
`JAELS NATURAL
`
`Home
`
`Collections
`
`Refund Policy
`
`Shipping Policy
`
`Privacy Policy
`
`About Us
`
`—@
`
`BROWSE OUR COLLECTIONS
`
`Full details >
`geREWARDS4
`
`WHY CHOOSE US?
`
`want you to be at ease when using our products.
`
`I created Jael’s Natural for people like me that have
`sensitive skin issues. For people that are looking for
`all natural skincare without the unnecessary toxins. |
`
`
`
`JAEL’S NATURAL
`
`
`Subscribe to our newsletter
`
`Promotions, new products and sales. Directly to your inbox.
`
`
`
`Your email
`
`ES
`
`Contact us
`
`Email us at Contact@jaelsnatural.com with any questions or inquiries.
`
`
`Copyright © 2022, Jael’s Natural, Powered by Shopily
`
`ES
`
`op PE Pay Sry BD
`
`
`
`https://www.jaelsnatural.com/
`
`Currently Not Accepting Any Ne
`
`Bl-teclits]-1a LOMAaed
`
`Q Search
`
`Login
`
`Signup
`
`@ Cart (0)
`
`a”
`JAELS NATURAL
`
`Home
`
`lection
`Refund Policy
`
`eal
`
`®,
`
`Body Spray
`fF $20.00
`Shipping calculated at checkout.
`
`Privacy Policy
`
`About Us
`
`Lavender + Cedar + Lemongrass ~
`ADD TO CART
`|fC)
`
`sf
`
`Size
`402 ~
`
`Quantity
`1
`
`Full details —
`
`w{=}e
`4isWwec
`pa
`
`ET
`
`%
`
`J"!
`
`Shipping Policy Style
`
`JAEUS| NATURAL
`WHY CHOOSE US? I created Jael’s Natural for people like me that have
`
`
`
`sensitive skin issues. For people that are looking for
`
`all natural skincare without the unnecessary toxins. |
`want you to be at ease when using our products.
`
`
`
`
`
`JAELS NATURAL
`«Handmade Soups
`
`Subscribe to our newsletter
`
`Promotions, new products and sales. Directly to your inbox.
`
`Contact us
`
`Email us at Contact@jaelsnatural.com with any questions or inquiries.
`
`Copyright © 2022, Jael’s Natural, Powered by Shopify
`
`Es aPay| op pace somite G Pay @ a VISA
`
`
`
` ATTACHMENT 2
`ATTACHMENT 2
`
`
`
`https://www.instagram.comyjaels_natural/
`
`allelel= LOmadeae
`
`(n) Home
`
`Q Search
`
`@) Explore
`
`fF} Reels
`
`jaels_natural
`
`Message 8
`
`136 posts
`
`807 followers
`
`232 following
`
`J”
`TAEL’S NATURAL
`
`Jael's Natural™
`
`«Natural -"bath and body products and candles.
`«Wholesale Available
`*FREE SHIPPING onall orders
`jaelsnatural.com
`
`==e
`
`ia
`
`ee
`
`& Messages
`
`C2 Notifications
`
`Create
`
`op Profile
`
`III = o o
`
`i co
`
`+S
`
`PR COLLAB
`
`Skin love
`
`POSTS
`
`f) REELS
`
`
`
`We won't be at the farmers
`market in Nyack until the spring
`(April 2022). In the meantime I'll
`be doing local delivery & from
`Tuesday-Thursday. Place your
`order online and have it delivered
`to your front door.
`
`
`
`
`
`
`
`
`
`
`
`{Bios NATURA
`ae came
`
`= Sd
`
`vw
`
`I~
`= Hlanebeade Soap
`JAEL's NATURAL
`=ware. 4A.ot
`aces
`
`
`
`
`
`
`
`
`
`uot.
`
`jaels_natural + Follow
`
`i;
`
`jaels_natural Our honey and
`oatmeal soap.
`
`Qats act as a natural cleanser and
`have both exfoliating and anti-
`inflammatory properties. Honey has
`both antibacterial and antioxidant
`properties.
`
`#handmadesoap#naturalskincare#h
`oneyf#oatmealveczemarelief#soothi
`ng#selfcare#naturalsoap#handmade
`withiove
`
`mariyaripo Send me pic
`@world_of_mentalhealth !!
`
`2tw Reply
`See
`translation
`
`9AYV
`13 likes
`
`WA
`
`
`
`
`
`Explore
`
`Reels
`
`Messages
`
`Q Q ®
`
`6 ©
`
`CG Notifications 9
`Create
`
`
`*P) Profile
`
`
`
`https://www.facebook.com/JaelsNatural/
`
`
`
`December10, 2022
`
`
`
` J”sennpmma
`JAELS NATURAL
`«Handmade Soaps
`
`Ja el's Natural
`116 likes - 124 followers
`
`Posts
`
`
`Intro
`
`About
`
`Photos
`
`Videos
`
`eae
`
`_» Jael's Natural
`cay February23- Instagram -@
`
`Jael's Natural skincare products are made with
`ses
`:
`:
`only genuine ingredients and no chemical.
`
`© Page- Beauty, cosmetic & personal care
`
`> Spring Valley, NY, United States, New York
`
`| will hosting a soap making class on March 16 th at 7pm. All of the
`details will be available @into.leaf website. We only have 12 available
`spots. All supplies will be provided. | can't wait to see you there. It
`will be a fun one.
`#soapmakingclass #naturalsoap #naturalskincare #handmadesoap
`#workshop #funactivities #jaelsnatural
`
`\ (845) 459-0460
`
`E=4 Contact@jaelsnatural.com
`
`€B)
`
`jaeisnatural.com
`
`© Price Range - $
`
`We Not yet rated (4 Reviews) @
`
`See all photos
`
`
`
`
` AEDS NATURAL
`
`We won't be at the farmers
`market in Nyack until the sprimg
`(April 2022). In the sieantione 0
`he doieg beral diethvery 2% from
`Tisevilay-Therday. Place your
`order online and have it deliucred
`tw your frwast dinar
`
`Privacy - Terms - Advertising - Ad Choices [> - Cookies -
`More - Meta © 2022
`
`a) Like
`
`© Comment
`
`1 Share
`
`_y» Jael's Natural
`January 21-Instagram-@
`
`Wewill be saying goodbye to our subscription boxes as of now. This
`monthwill be our last one. Hopefully we'll bring it back in the future.
`Thank you to everyone that has purchased one for themselves or
`someone they know.
`
`#selfcare#skincarebox#subscriptionbox#smallbusinessowner#wom
`enownedbusiness#handmadewithlove#skincareproducts#homefrag
`
`rance#jaelsnatural
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
