Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA1266621
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`Filing date:
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`02/16/2023
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Petition for Cancellation
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`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
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`BLUESEN CO., LTD.
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`Corporation
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`Citizenship
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`KOREA, REPUBLIC OF
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`30, GUKGASANDAN-DAERO 34-GIL
`GUJI-MYEON, DALSEONG-GUN
`DAEGU, 43008
`KOREA, REPUBLIC OF
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`JIHUN KIM
`BRIDGEWAY IP LAW GROUP, PLLC
`11350 RANDOM HILLS RD
`SUITE 800
`FAIRFAX, VA 22030
`UNITED STATES
`Primary email: docket@bridgewayip.com
`Secondary email(s): djung@bridgewayip.com, jkim@bridgewayip.com
`703-349-6364
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`Docket no.
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`LJK7600203
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`Registration subject to cancellation
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`Registration no.
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`5742216
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`Registration date
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`05/07/2019
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`Register
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`International re-
`gistration no.
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`Registrant
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`Principal
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`NONE
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`International re-
`gistration date
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`NONE
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`Innovative Water Care, LLC
`1400 BLUEGRASS LAKES PARKWAY
`ALPHARETTA GA 30004
`UNITED STATES
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`Goods/services subject to cancellation
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`Class 011. First Use: None First Use In Commerce: None
`All goods and services in the class are subject to cancellation, namely: Water treatment equipment,
`namely, water treatment installations in the nature of electrostatic water treatment apparatus, water
`filtration units, and ionization apparatus for water treatment
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`Grounds for cancellation
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`Abandonment
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`Trademark Act Section 14(3)
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`Attachments
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`LJK7600203-PetitionForCancellation.pdf(85238 bytes )
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`
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`Signature
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`/David Youngjoon Jung/
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`Name
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`Date
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`David Youngjoon Jung
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`02/16/2023
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`
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADMARK TRIAL AND APPEAL BOARD
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`
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`Cancellation No. t/b/a
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`Registration No. 5,742,216
`Mark: BLUESENSE
`Registered: May 7, 2019
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`Bluesen Co., Ltd.
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` Petitioner,
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` v.
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`Innovative Water Care, LLC,
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` Respondent .
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`Trademark Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1451
`Alexandria, VA 22313-1451
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`For online submission via ESTTA
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`PETITION FOR CANCELLATION
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`
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`Bluesen Co., Ltd. (“Petitioner”), a corporation organized under the laws of Republic of
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`Korea, with a current business address of 30, Gukgasandan-daero 34-gil, Guji-myeon, Dalseong-
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`gun, Daegu, 43008, Republic of Korea, believes that it is damaged by the continued registration
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`of U.S. Trademark Registration No. 5,742,216, owned by Innovative Water Care, LLC
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`(“Respondent”), and hereby petitions to cancel U.S. Trademark Registration No. 5,742,216
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`(“Respondent’s Registration”) pursuant to Section 14 of the Lanham Trademark Act, 15 U.S.C.
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`§1064.
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`Petitioner, in support of its petition, alleges as follows:
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`1.
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`Petitioner is a South Korea based company in the field of manufacturing various
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`apparatus for monitoring, measuring, and analyzing the quality of water.
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`Page 1 of 4
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`2.
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`Petitioner has applied for registration of mark Bluesen (“Petitioner’s Mark”) on
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`January 19, 2022, which has been assigned application serial no. 97/227,333 (“Petitioner’s
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`Application”).
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`3.
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`Applicant seeks registration of Petitioner’s Mark in the Principal Register of the
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`United States Patent and Trademark Office (“USPTO”) for “software for controlling
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`environmental conditions (including heating, cooling and water); software for controlling access
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`to buildings; software for controlling building security; software to control water quality meters;
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`electronic control systems for machines; electronic controllers for automatically operating valves;
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`monitoring control apparatus; water quality measuring apparatus; water quality analyzer;
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`apparatus and instruments for measuring and analyzing water quality; flowmeters” in
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`International Class 9.
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`4.
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`On November 4, 2022, the examining attorney at the USPTO who has been
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`assigned to review Petitioner’s Application issued a non-final office action refusing registration of
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`Petitioner’s Mark under Section 2(d) of the Lanham Act based on a likelihood of confusion with
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`the mark “BLUESENSE” (“Respondent’s Mark”) in Respondent’s Registration.
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`5.
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`Based on the USPTO records, it is unclear where Respondent’s limited liability
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`company is organized.
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`6.
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`Upon information and belief, Respondent has either never sold goods listed under
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`Respondent’s Registration, or if they have at some point sold the said goods, has since ceased
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`selling those goods listed under Respondent’s Registration with no plans to resume sale.
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`7.
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`Upon information and belief, Respondent no longer uses Respondent’s Mark in the
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`U.S. commerce in connection with the goods listed in Respondent’s Registration.
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`Page 2 of 4
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`8.
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`Upon information and belief, Respondent has not used Respondent’s Mark in the
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`U.S. commerce in connection with the goods listed in Respondent’s Registration in the last three
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`years.
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`9.
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`Upon information and belief, Respondent does not have the requisite intent to
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`resume use of Respondent’s Mark in the U.S. commerce in connection with the goods listed in
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`Respondent’s Registration.
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`10. Within the meaning of Section 14(3) of the Trademark Act, 15 U.S.C. § 1064(3),
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`Respondent has abandoned Respondent’s Mark and Respondent’s Registration.
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`11.
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`In view of Respondent’s non-use and abandonment of Respondent’s Mark and
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`Respondent’s Registration, Respondent is not entitled to continued registration of Respondent’s
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`Mark pursuant to Section 14(3) of the Trademark Act, 15 U.S.C. § 1064(3). Therefore, the entirety
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`of Respondent’s Registration should be cancelled.
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`12.
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`As Petitioner’s attempt to register Petitioner’s Mark will be impaired by the
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`continued registration of Respondent’s Mark in connection with the goods listed in Respondent’s
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`Registration, which is believed to have been abandoned, Respondent’s Registration should be
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`cancelled.
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`Page 3 of 4
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`Petitioner reserves the right to amend this Petition for Cancellation to allege other claims
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`in the event discovery of other information indicates they are appropriate.
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`WHEREFORE, Petitioner prays that the U.S. Registration No. 5,742,216 be cancelled and
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`this Petition for Cancellation be sustained in favor of Petitioner.
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`Dated: February 16, 2023
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`Respectfully submitted,
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`Bridgeway IP Law Group, PLLC
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`By: /Jihun Kim/
`Jihun Kim
`David Youngjoon Jung
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`11350 Random Hills Rd.
`Suite 800
`Fairfax, Virginia 22030
`Telephone: (703) 745-5495
`Facsimile: (703) 563-9748
`jkim@bridgewayip.com
`djung@bridgewayip.com
`Attorneys for Petitioner
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`Page 4 of 4
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