Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA1263690
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`Filing date:
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`02/01/2023
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Petition for Cancellation
`
`Notice is hereby given that the following party has filed a petition to cancel the registration indicated below.
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`Petitioner information
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`Name
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`Entity
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`Address
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`Attorney informa-
`tion
`
`Javed A. Kaimkhani
`
`Individual
`
`Citizenship
`
`CANADA
`
`5289 HILTON COURT
`MISSISSAUGA, ONT L5M 5H1
`CANADA
`
`HAROLD L. NOVICK
`BRIDGEWAY IP LAW GROUP, PLLC
`11350 RANDOM HILLS ROAD
`SUITE 800
`FAIRFAX, VA 22030
`UNITED STATES
`Primary email: hnovick@Bridgewayip.com
`Secondary email(s): hnovick@novick.com, docket@bridgewayip.com
`703-349-6700
`
`Docket no.
`
`LN0220109
`
`Registration subject to cancellation
`
`Registration no.
`
`6002265
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`Registration date
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`03/03/2020
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`Register
`
`Registrant
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`Principal
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`MILLTEX LLC
`5757 KAUFFMAN AVE
`TEMPLE CITY, CA 91780
`UNITED STATES
`
`Goods/services subject to cancellation
`
`Class 025. First Use: Mar 24, 2018 First Use In Commerce: Mar 24, 2018
`All goods and services in the class are subject to cancellation, namely: Dress pants; Dress shirts;
`Dress suits; Dresses; Suits; Business wear, namely, suits, jackets, trousers, blazers, blouses, shirts,
`skirts, dresses and footwear; Formalwear, namely, dresses, gowns, tuxedos, dinner jackets, trousers
`and footwear; Men's suits; Men's suits, women's suits; Shirts for suits; Underwear, namely, boy
`shorts
`
`Class 026. First Use: Mar 24, 2018 First Use In Commerce: Mar 24, 2018
`All goods and services in the class are subject to cancellation, namely: Lace trimming; Lace trim-
`mings; Cloth patches for clothing; Embroidered patches for clothing
`
`Grounds for cancellation
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`Priority and likelihood of confusion
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`Trademark Act Sections 14(1) and 2(d)
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`
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`Mark cited by petitioner as basis for cancellation
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`U.S. registration
`no.
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`4006076
`
`Register
`
`Principal
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`Registration date
`
`08/02/2011
`
`Application date
`
`01/07/2011
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`Foreign priority
`date
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`NONE
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`Word mark
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`Design mark
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`Description of
`mark
`
`Goods/services
`
`MILL-TEX
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`NONE
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`Class 025. First use: First Use: Nov 15, 2009 First Use In Commerce: Nov 15,
`2009
`Clothing, namely, shirts; sweatshirts; pants; jackets; Mens sweat pants, crew-
`neck tee shirts, zippered hooded sweatshirts, [ mesh shorts, flannel pajamas, ]
`basic pullovers, long sleeve crew-neck, [ long sleeve thermal teeshirts, ] colored
`block hoods, [ baseball tee-shirts, ] fleece sweat-shirts; Womens fleece sweat-
`shirts, [ silk-washed combed tee-shirts, baseball teeshirts, capri pants, layer tee-
`shirts, ] zipper hooded sweatshirts [, fleece shorts] ; Girls crew-neck tee shirts;
`and Boys basic pullovers, crewneck teeshirts and long-sleeve tee-shirts
`
`Attachments
`
`Cancellation Pet.pdf(140280 bytes )
`
`Signature
`
`Name
`
`Date
`
`/Harold L Novick/
`
`Harold L. Novick
`
`02/01/2023
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Registration of Milltex LLC
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`Number: 6,002,265
`
`Registered: March 3, 2020
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`Mark: MILLTEX
`
`Our Ref. TN0220225
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`
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`PETITION TO CANCEL U.S. TRADEMARK REGISTRATION
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`
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`Comes now Petitioner Kaimkhani, Javed Ahmed and petitions the United States Patent
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`and Trademark Office to cancel the above identified registration No. 6002265 registered on
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`March 3, 2020 for Classes 25 and 26 for the mark MILLTEX (opposed mark and registration)
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`because there is a likelihood of confusion between the Opposed mark and with Petitioner’s mark
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`MILL-TEX and registration number 4,006,076. Petitioner believes that he is or will be damaged,
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`as a result of a likelihood of dilution by blurring or dilution by tarnishment, by the continued
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`registration of the opposed mark on the Principal Register
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`1. Petitioner is the current owner of U.S. Trademark Registration 4,006,076 for the
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`mark MILL-TEX for goods in Class 25, the Petitioner’s registration having been
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`granted August 2, 2011. A Section 8 and 15 Declaration has been granted and the
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`Petitioner’s registration has been renewed for an additional term of 10 years.
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`2. Petitioner’s registration currently covers the following goods, all in Class
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`25: Clothing, namely, shirts; sweatshirts; pants; jackets; Men’s sweat pants, crew-
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`neck tee shirts, zippered hooded sweatshirts, basic pullovers, long sleeve crew-neck,
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`colored block hoods, fleece sweat-shirts; Women’s fleece sweatshirts, zipper hooded
`
`
`
`1
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`
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`sweatshirts; Girl’s crew-neck tee shirts; and Boy’s basic pullovers, crewneck tee
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`shirts and long-sleeve tee-shirts.
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`3. Petitioner has been actively and continuously using its mark in commerce on the
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`above listed goods for over 10 years throughout the United States and has sold and
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`distributed in commerce more than 18 million dollars’ worth of the goods.
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`4. Petitioner has actively and publicly advertised its goods to the relevant public, which
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`is comprised of general consumers.
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`5. On information and belief, the opposed registration is for the confusingly similar
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`mark MILLTEX for goods in the same Class 25. These good are namely: Dress
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`pants; dress shirts; dress suits; dress pants; business wear, namely suits, jackets,
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`trousers, dresses, and footwear; formalwear, namely dresses, gowns, tuxedos, dinner
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`jackets, trousers and footwear; women’s suits, shirts for suits; underwear namely boy
`
`shorts.
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`6. The opposed registration is also for related goods in Class 26 of clothing and which
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`are used with clothing, namely lace trimming; lace trimmings, cloth patches for
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`clothing embroidered patches for clothing.
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`7. The opposed registration claims a first use date of May 29, 2018, for Classes 25 and
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`26, which dates are after Petitioner’s dates of first uses of November 11, 2009 and
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`after the Petitioner’s registration date of August 2, 2011.
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`8. On information and belief, both Petitioner’s mark and the opposed mark are sold and
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`distributed to the same class of ordinary consumers through the same channels of
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`trade, using the same or similar avenues of advertising.
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`
`
`2
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`
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`9. Accordingly, Petitioner petitions the Trademark Trial and Appeal Board to cancel the
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`opposed registration.
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`
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`Respectfully submitted,
`
`/Harold L Novick/
`
`Harold L. Novick
`On behalf of the Registrant
`Bridgeway IP Law group, PLLC
`11350 Random Hills Road, Suite 800
`Fairfax, VA 22030
`Tel. 703-349-6700
`E-mail: hnovick@bridgewayip.com
`
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