Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1299684
`
`Filing date:
`
`07/25/2023
`
`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
`
`Correspondence
`information
`
`NOVIDAN, INC.
`
`Corporation
`
`672 MENDELSSOHN AVE N
`GOLDEN VALLEY, MN 55427
`UNITED STATES
`
`Citizenship
`
`DELAWARE
`
`TODD L. JUNEAU
`ATTORNEY
`NOVIDAN, INC.
`672 MENDELSSOHN AVE N
`GOLDEN VALLEY, MN 55427
`UNITED STATES
`Primary email: tjuneau@juneaumitchell.com
`Secondary email(s): pete@novidaninc.com, brian@novidaninc.com, jm-
`paralegal@juneaumitchell.com, jm2paralegal@juneaumitchell.com
`703-548-3569
`
`Registration subject to cancellation
`
`Registration no.
`
`5632282
`
`Registration date
`
`12/18/2018
`
`Register
`
`Registrant
`
`Principal
`
`Kadima Quality Products
`4828 CALLE BRISA
`CAMARILLO, CA 93012
`UNITED STATES
`
`Goods/services subject to cancellation
`
`Class 009. First Use: Apr 12, 2018 First Use In Commerce: Apr 12, 2018
`All goods and services in the class are subject to cancellation, namely: Wireless headphones; Mobile
`phone cases; Mobile phone cases with rechargeable batteries; Audio headphones; Audio speakers;
`Audio speakers for automobiles; Cell phone cases; Cell phone covers; Cell phone battery chargers;
`Computer headphones; Computer speakers; Speakers with microphones; Wireless cellular phone
`headsets; Wireless earbuds; Wireless headsets for smartphones; Wireless indoor and outdoor
`speakers; Wireless speaker; Cell phone holders
`
`Grounds for cancellation
`
`Priority and likelihood of confusion
`
`Trademark Act Sections 14(1) and 2(d)
`
`Mark never used in commerce
`
`Trademark Act Section 14(6)
`
`No use of mark in commerce before application,
`amendment to allege use, or statement of use
`was due
`
`Trademark Act Sections 14(1) and 1(a), (c), and
`(d)
`
`

`

`Abandonment
`
`Registrant not rightful owner of mark for identi-
`fied goods or services
`
`Fraud on the USPTO
`
`Trademark Act Section 14(3)
`
`Trademark Act Sections 14(1) and 1
`
`Trademark Act Section 14(3); In re Bose Corp.,
`580 F.3d 1240, 91 USPQ2d 1938 (Fed. Cir.
`2009)
`
`Mark cited by petitioner as basis for cancellation
`
`U.S. application
`no.
`
`97299332
`
`Application date
`
`03/07/2022
`
`Register
`
`Principal
`
`Registration date
`
`NONE
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`Attachments
`
`SONIFY HEARING
`
`NONE
`
`Class 010. First use: First Use: Oct 2, 2020 First Use In Commerce: Oct 2, 2020
`Hearing aids
`
`Sonify-cancellation.pdf(48137 bytes )
`EXHIBIT 1-Kadima-suspended.pdf(855350 bytes )
`EXHIBIT 2-GoogleSearch_kadima quality_ bluetooth headphones - Google
`Search.pdf(422677 bytes )
`EXHIBIT 3-Camarillo Business Search.pdf(511356 bytes )
`EXHIBIT 4-4828 Calle Brisa Camarillo CA 93012 _ Zillow.pdf(2086212 bytes )
`EXHIBIT 5 SONIFYHEARING-WaybackMachine.pdf(542289 bytes )
`EXHIBIT 6 SONIFYHEARING-Whois sonifyhearing.pdf(107825 bytes )
`EXHIBIT 7 FTK 97299332-1.pdf(291961 bytes )
`EXHIBIT 8 SONIFYHEARING webpage.pdf(3680127 bytes )
`EXHIBIT 9 SONIFYHEARING Facebook.pdf(260483 bytes )
`EXHIBIT 10 SONIFYHEARING-Twitter.pdf(493227 bytes )
`EXHIBIT 11 Instagram.pdf(1345552 bytes )
`
`Signature
`
`/TODD L. JUNEAU/
`
`Name
`
`Date
`
`TODD L. JUNEAU
`
`07/25/2023
`
`

`

`TTAB Can: 5632282
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of trademark registration no. 5,632,282
`
`Filed May 2, 2018
`
`For the mark SONIFY
`
`Registered Dec 18, 2018
`
`
`
`
`
`___________________________________________________________
`:
`
`
`
`
`
`
`
`
`
`
`NOVIDAN, INC., a Delaware Corporation
`:
`
`
`
`
`:
`
`
`
`
`
`
`
`
`
`
`Petitioner,
`:
`
`
`
`
`
`
`
`
`:
`
`
`
`
`
`
`
`
`
`
`-against-
`: Cancellation No.
`
`
`
`
`
`
`
`
`:
`
`
`
`
`
`
`
`
`
`
`KADIMA QUALITY PRODUCTS, an expired California corp.
`:
`
`:
`
`
`
`
`
`
`
`
`
`
`Registrant.
`:
`
`
`
`
`
`
`
`
`:
`
`
`
`
`
`
`
`
`
`
`___________________________________________________________:
`
`
`PETITION FOR CANCELLATION
`
`Petitioner Novidan, Inc., a Delaware corporation (“Novidan") with an address of 672
`
`Mendelssohn Ave N, Golden Valley, Minnesota 55427, by and through its attorneys Juneau &
`
`Mitchell, believe that the Novidan will be damaged by continued registration of the mark shown
`
`in the above-identified registration in Class 009 for "Wireless headphones; Mobile phone
`
`cases; Mobile phone cases with rechargeable batteries; Audio headphones; Audio speakers; A
`
`speakers for automobiles; Cell phone cases; Cell phone covers; Cell phone battery chargers;
`
`Computer headphones; Computer speakers; Speakers with microphones; Wireless cellular
`
`phone headsets; Wireless earbuds; Wireless headsets for smartphones; Wireless indoor and
`
`outdoor speakers; Wireless speaker; Cell phone holders" and hereby petitions the Board to
`
`cancel the same.
`
`
`The grounds for Petition for Cancellation are as follows:
`
`
` FIRST GROUND FOR CANCELLATION
`
`
`1. Registrant has abandoned the mark, and has not sold or offered for sale any products using
`
`the SONIFY mark in over three (3) years.
`
`
`2. The registrant either never existed as an entity or no longer exists as an entity. The registrant,
`
`KADIMA QUALITY PRODUCTS has, on information and belief, NOT been in existence since
`
`Page
`
`
`
` of 1
`
`6
`
`

`

`TTAB Can: 5632282
`
`2018. Attached Exhibit 1 shows that KADIMA QUALITY PRODUCTS has had its California
`
`corporation cancelled for non-payment of annual corporate dues in 2018.
`
`
`3. From cancellation of the corporate status in 2018 to present is more than three (3) years,
`
`which is sufficient as a requirement to prove abandonment under U.S. trademark law.
`
`
`4. Further, an expired corporation means that registrant Kadima Quality Products may NOT
`
`legally conduct any kind of business in the State of California.
`
`
`5. Based on information and belief, registrant has never or no longer offered any products for
`
`sale, let alone products in Class 009. A search of Google and Amazon found no results for
`
`registrant selling any products, let alone a product using the mark SONIFY for bluetooth
`
`headphones. Attached Exhibit 2.
`
`
`6. Registrant, Kadima Quality Products, lists an address in Camarillo, California. However, a
`
`search of the Camarillo Business license records shows that there are no corporations named
`
`Kadima that have been licensed to do business in Camarillo since at least July 2020. Attached
`
`Exhibit 3.
`
`
`7. Registrant does not, based on information or belief, operate any business or manufacturing
`
`facility, offering any products using the SONIFY mark. A search of the address listed for
`
`Kadima - 4828 Calle Brisa, Camarillo, CA - shows that this is address is for a private residence,
`
`and not a business or manufacturing facility. Attached Exhibit 4.
`
`
`SECOND GROUND FOR CANCELLATION
`
`8. Petitioner repeats and realleges the allegations set forth in paragraphs 1through 7 above as
`
`if fully set forth at length.
`
`
`9. Petitioner has operated a hearing aid company using the name SONIFY HEARING since at
`
`least 04/21/2021. Attached Exhibit 5.
`
`
`10. Petitioner registered its www.sonifyhearing.com domain name on 09/18/2018. Attached
`
`Exhibit 6.
`
`
`11. Since at least 04/21/2021, Petitioner's SONIFY HEARING name, reputation, trademark and
`
`trade name has become well known to consumers and there exists in the mind of the
`
`consuming public an association between the mark SONIFY HEARING and the trade name and
`
`and goods, hearing aids, in International Class 010, as evidenced in its U.S. application for
`
`trademark registration 97299332, filed 2022-03-07. Attached Exhibit 7.
`
`
`Page
`
`
`
` of 2
`
`6
`
`

`

`TTAB Can: 5632282
`
`12. In furtherance of its business objectives, Petitioner has, since adopting the SONIFY
`
`HEARING trademark and other intellectual property, at all times used the SONIFY HEARING
`
`trademark in connection with its hearing aids products, and, consequently, has never
`
`abandoned the trademark. In connection with its use and expansion of such use of the
`
`trademark, the Petitioner has, inter alia:
`
`
`а. Established SONIFY HEARING trademark in connection with hearing aid products (goods
`
`and services) on its webpage Attached Exhibit 8;
`
`
`b. Advertised its SONIFY HEARING trademark across Facebook Attached Exhibit 9;
`
`
`c. Advertised its SONIFY HEARING trademark across Twitter Attached Exhibit 10;
`
`
`d. Advertised its SONIFY HEARING trademark across Instagram Attached Exhibit 11.
`
`
`e. Registered the Internet domain name <sonifyhearing.com> (the "website") on or about
`
`09/18/2018, which it continues to own, and advertise Petitioner's services using the mark.
`
`Attached Exhibit 6.
`
`
`13. Registrant has either been aware or had ample opportunity to be aware of Petitioner's use
`
`of the SONIFY HEARING trademark.
`
`
`14. By virtue of the facts alleged above, Petitioner has priority over Registrant in the SONIFY
`
`HEARING trademark.
`
`
`15. The consuming public associates the mark SONIFY HEARING and goods and services sold
`
`under that mark with Petitioner, and views such goods as originating with and/or being
`
`authorized and supervised by Petitioner.
`
`
`16. Registrant's mark is nearly identical to Petitioner's mark SONIFY HEARING. Registrant's
`
`mark also shares the dominant element "Sonify" with the Petitioner's Internet domain name,
`
`used for Petitioner's website <sonifyhearing.com>.
`
`
`17. The goods identified in Registrant's registration are substantially related to the goods
`
`offered by Petitioner, and to the goods and services with which the consuming public
`
`associates the SONIFY HEARING trademark and name.
`
`
`18. Petitioner has never authorized or licensed Registrant to apply for or use the mark SONIFY
`
`HEARING, or similar variant.
`
`
`19. Accordingly, Registrant's mark, when used on or in connection with the goods listed in the
`
`registration, so resembles Petitioner's mark and/or trade names and name identified above as
`
`Page
`
`
`
` of 3
`
`6
`
`

`

`TTAB Can: 5632282
`
`to be likely to cause confusion, to cause mistake, or to deceive as to the origin of Registrant's
`
`goods in that consumers are likely to believe that Registrant's goods are provided by,
`
`sponsored by, approved by, licensed by, affiliated with or in some other way legitimately
`
`connected with Petitioner, and its goods.
`
`
`THIRD GROUND FOR CANCELLATION
`
`20. Petitioner repeats and realleges the allegations set forth in paragraphs 1through 7 above as
`
`if fully set forth at length.
`
`
`21. In submitting the application for registration herein, Registrant made willful false
`
`representations to the Patent and Trademark Office concerning material facts with the intent to
`
`deceive the Patent and Trademark Office.
`
`
`22. Specifically, in the 1(a) (15 USC §1051(a), actual use) trademark application for registration
`
`filed on 05/01/2018, Registrant, through the authorized Attorney of Record, represented in the
`
`Declaration that Registrant "The signatory believes that the applicant is the owner of the
`
`trademark/service mark sought to be registered; The mark is in use in commerce on or in
`
`connection with the goods/services in the application; The specimen(s) shows the mark as
`
`used on or in connection with the goods/services in the application; and To the best of the
`
`signatory's knowledge and belief, the facts recited in the application are accurate.”
`
`
`23. However, trademark rights are established by use of the trademark in U.S. commerce on or
`
`in connection with the products identified. Based on information and belief, no evidence of any
`
`trademark use was found by Petitioner during an internet search. Accordingly, there can be no
`
`ownership without use, and there can be no qualifying use in commerce without sales or offers
`
`to sell.
`
`
`24. Accordingly, Petitioner's Petition for Cancellation should be sustained on the ground that
`
`Registrant lacked sufficient trademark use to establish ownership and failed to make any sales
`
`of, advertising of, or offers to sell in commerce, a product having the mark thereon to establish
`
`any trademark rights.
`
`
`FOURTH GROUND FOR CANCELLATION
`
`23. Petitioner repeats and realleges the allegations set forth in paragraphs 1through 24 above
`
`as if fully set forth at length.
`
`
`24. A substantial segment of consumers would recognize Registrant's mark as the name of
`
`
`Petitioner.
`
`
`Page
`
`
`
` of 4
`
`6
`
`

`

`TTAB Can: 5632282
`
`25. In fact, however, Registrant is in no way connected with Petitioner's goods or services.
`
`Petitioner has not authorized Registrant to use the SONIFY HEARING name.
`
`
`26. Because of Petitioner's extensive advertising efforts to establish reputation and recognition
`
`among consumers, consumers would presume that a connection exists between SONIFY
`
`HEARING and Registrant's goods and Petitioner.
`
`
`27. As the owner of the mark SONIFY HEARING, Petitioner has an interest in preventing the
`
`use of trademarks that falsely suggest a connection with SONIFY HEARING.
`
`
`28. Accordingly, Registrant's mark consists of matter which may falsely suggest a connection
`
`with SONIFY HEARING, in violation of Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a),
`
`therefore prohibit its continued registration.
`
`
`WHEREFORE, Petitioner respectfully requests that this Petition for Cancellation be granted
`
`and Registrant's registration for the mark SONIFY be cancelled in all respects.
`
`
`Dated: 07/25/2023
`
`/Todd L. Juneau/
`
`Todd L. Juneau
`
`JUNEAU & MITCHELL
`
`2121 Eisenhower Avenue, Suite 300
`
`Alexandria, Virginia 22314
`
`Telephone: (703) 548-3569
`
`
`Page
`
`
`
` of 5
`
`6
`
`

`

`CERTIFICATE OF SERVICE
`
`I hereby certify that on July 25, 2023, I caused a true and correct copy of the foregoing
`PETITION FOR CANCELLATION to be served by U.S. mail, postage prepaid, on the attorney
`and correspondent of record for the Registrant as follows:
`
`
`TTAB Can: 5632282
`
`Charles Arreguin
`
`Kadima Quality Products
`
`4828 Calle Brisa
`
`Camarillo, CA 93012
`
`Tel: (805) 290-5855
`
`Email: kadimatrade@gmail.com
`
`
`Dated: 07/25/2023
`
`/Todd L. Juneau/
`
`Todd L. Juneau
`
`JUNEAU & MITCHELL
`
`2121 Eisenhower Avenue, Suite 300
`
`Alexandria, Virginia 22314
`
`Telephone: (703) 548-3569
`
`Page
`
`
`
` of 6
`
`6
`
`

`

`EXHIBIT 1
`xX +
`eee © Search | California Secretary of
`dbp CRA
`Q
`@ https://bizfileonline.sos.ca.gov/search/business
`
`%# © © & F Q S © MonJan30 12:43 PM=
`
`Q @
`
`ee)
`
`Vv
`
`fa
`California
`
`Secretary ofState UCC|Login|Business
`
`
`
`Q NY-t- 1 el
`
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`eaolul
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`ey) Forms
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`? Help
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`© 2023 CASecretary of State
`
`CommonInterest Developments, and Outof State Associations).
`The basic search performs a contains ?keyword? search. The
`Advancedsearchallowsfor a ?starts with?filter. To search entities
`that have a status other than active or to refine search criteria, use
`the Advancedsearchfeature.
`
`Advanced Search
`
`® An Advancedsearchis required when searchingfor publicly traded
`disclosure information or a status other than active.
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`e An Advancedsearch allows for searching by specific entity types
`(e.g., Nonprofit Mutual Benefit Corporation) or by entity groups
`(e.g., All Corporations) as well as searching by ?begins with? specific
`searchcriteria.
`
`KADIMA QUALITY PRODUCTS
`(4093097)
`
`Request
`Certificate
`enaanasimo
`© 12/19/2017
`
`Suspended - FTB/SOS
`Status
`Not Good
`Standing- SOS
`Standing-FTB Not Good
`
`Disclaimer: Search results are limited to the 500 entities closest
`matching the entered searchcriteria. Ifyour desired search result is
`notfoundwithin the 500 entities provided, please refine the search
`criteria using the Advanced search function for additional
`results/entities. The California Business Search is updated as
`documents are approved. The data providedis not a complete or
`certified record.
`Principal Address|4828 CALLE BRISA
`» CAMARILLO, CA 93012
`
`_ Good
`Standing - Agent
`Good
`Standing -VCFCF
`Inactive Date 09/29/2020
`Formed in
`CALIFORNIA
`
`Entity Type _ Stock Corporation - CA -
`» General
`
`Although every attempt has been madeto ensure thatthe
`information contained in the databaseis accurate, the Secretary of
`State's office is not responsible for any loss, consequence, or damage
`resulting directly or indirectlyfrom reliance on the accuracy,
`reliability, or timeliness of the information thatis provided. All such
`informationis provided "asis." To ordercertified copies or
`certificates of status, (1) locate an entity using the search; (2)select
`RequestCertificate in the right-hand detail drawer; and (3) complete
`your requestonline.
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`.
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`kadima quality
`
`.
`
`fe)
`
`Advanced v
`
`Results: 1
`
`Mailing Address 4828 CALLE BRISA
`» CAMARILLO,CA93012
`
`@ Statementof 12/31/2018
`Info Due Date -
`.
`ne anueel
`_ MARY-ANNE CENISEROZ
`| ONMAEOCAOateG
`‘
`
`S
`
`O20
`Oo
`
`CD)
`
`View History
`
`Request Access
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`5
`Initial
`.
`
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`Entity “|Status “a are Entity 4 Formec
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`
`
`Information ~ A y
`y
`Type
`*
`In
`
`General
`
`alock
`aad
`:
`orporation
`uspende
`> MZALZUAie— 57)ceraa
`
`KADIMA
`QUALITY
`PRODUCTS
`(4093097)
`
`CALIFO
`
`

`

`7/11/23, 10:26 PM
`
`"kadima quality" bluetooth headphones - Google Search
`
`"kadima quality" bluetooth headphones
`
`EXHIBIT 2
`
`Shopping
`
`Images
`
`Videos
`
`News
`
`Maps
`
`Books
`
`Flights
`
`Finance
`
`All (cid:139)lters
`
`Tools
`
`Waterproof
`
`In-ear
`
`Open-ear
`
`On-ear
`
`Spo(cid:146)s
`
`Beats
`
`Sony
`
`Bose
`
`Black
`
`White
`
`About 9 results (1.24 seconds) 
`
`Including results for kaduna quality bluetooth headphones
`Search only for kadima quality bluetooth headphones
`
`No results found for "kadima quality" bluetooth headphones.
`
`Results for kadima quality bluetooth headphones (without quotes):
`
`Amazon.com
`https://www.amazon.com › Bluetooth-Headphones-KVI...
`KVIDIO [Updated] Bluetooth Headphones Over ...
`KVIDIO Bluetooth Headphones Over Ear with 65 Hours Playtime, Deep Bass
`Sound Quality and Stereo Microphone · Fine engineering only for your ears ·…
`Bluetooth Version: V5.3
`Color: Black
`Connectivity Technology: Wireless, W…
` Rating: 4.4 · 13,290 reviews · $19.99 (typically $24.56) · Free
`delivery · In stock
`Missing: "kadima | Must include: "kadima
`
`https://www.amazon.com › Bluetooth-Headphones-KVI...
`KVIDIO [Updated Bluetooth Headphones Over Ear, 65 ...
`Fine engineering only for your ears · HiFi Stereo Sound Quality · 33ft(10m) Bluetooth Cover
`Range · Comfortable, Foldable & Flexible · Only 0.44lbs Lightweight.
`Bluetooth Version: V5.3
`Color: Pink
`Connectivity Technology: Wireless, Wired, Blu...
` Rating: 4.4 · 13,290 reviews · $19.99 · In stock
`
`People also ask
`
`Which Bluetooth headphones is best?
`
`What is a good brand for wireless headphones?
`
`How can I tell the quality of my wireless headphones?
`
`Do Bluetooth headphones have good sound quality?
`
`Facebook
`https://www.facebook.com › ... › Headphones
`Wireless Headphones Near Zaria, Nigeria
`New and used Wireless Headphones for sale in Ungwan Sarkin Kogi, Kaduna,
`Nigeria on Facebook Marketplace. Find great deals and sell your items for…
`
`The New York Times
`https://www.nytimes.com › Electronics › Headphones
`The 3 Best Bluetooth Wireless Headphones of 2023
`Jun 6, 2023 — Another long-time pick, the Jabra Elite 45h headphones offer
`price-defying sound quality, comfort, and call clarity. This on-ear pair…
`List includes: Best budget wireless headphones around $100 ⋅ Best wireless
`headphones for the o(cid:163)ce ⋅ View full list
`$86 to $348
`Missing: "kadima | Must include: "kadima
`
`Images for kadima quality bluetooth headphones
`
`Feedback
`
`5+ stores
`
`5+ stores
`
`Product
`
`Product
`
`Product
`
`5
`
`View all
`
`Feedback
`
`https://www.google.com/search?q="kadima+quality"+bluetooth+headphones&biw=1426&bih=980&sxsrf=AB5stBj_c5kDopy7Y-G34NRhGdB1M4R_xw%3A16891… 1/2
`
`

`

`7/11/23, 10:36 PM
`
`Business Search
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`Business Search
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`   Value: kadima
`Search By: Business Name
`Start Date Range From: 07/10/2020
`
`No records found that match your search criteria.
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`7/11/23, 10:32 PM
`
`4828 Calle Brisa, Camarillo, CA 93012 | Zillow
`
`Camarillo CA
`
`Add another location
`
`EXHIBIT 4
`
`Sign in
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`For Sale
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`Camarillo CA Real Estate & Homes For Sale
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`4 bd 3 ba 3,018 sqft
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`Sort: Newest
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`4828 Calle Brisa, Camarillo, CA 93012
`
`Open: Thu. 1-4pm
`
`Oì market Zestimate : $1,119,600
`
`®
`
`Rent Zestimate : $4,800
`
`®
`
`Est. reí payment: $7,603/mo
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`Reínance your loan
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`Home value Owner tools Home details Neighborhoo
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`$575,000
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`ZILLOW HOME LOANS
`
`2 bds | 2 ba | 1,135 sqft - Coming soon
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`
`259 Riverdale Ct APT 243, Camarillo, CA 93012
`
`At Zillow Home Loans, we can pre-
`
`qualify you in as little as 3 minutes with
`
`Open: Thu. 12-2pm
`
`no impact to your credit score.
`
`Start now
`
`An equal housing lender. NMLS #10287.
`
`Home value
`
`$649,000
`
`2 bds | 2 ba | 1,260 sqft - House for sale
`
`4232 Village 4, Camarillo, CA 93012
`
`SERV CORP
`
`Zestimate
`
`2 days on Zillow
`
`$1,119,600
`
`Zestimate range
`
`$1.05M - $1.18M
`
`Last 30-day change
`
`$1,195,000
`
`+ $39,680 (+3.7 %)
`
`3 bds | 3 ba | 1,652 sqft - House for sale
`
`81 Grandview Cir, Camarillo, CA 93010
`
`Zestimate per sqft
`
`RE/MAX GOLD COAST REALTORS
`
`$371
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`2 days on Zillow
`
`$699,000
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`2 bds | 2 ba | 1,441 sqft - House for sale
`
`29105 Village 29, Camarillo, CA 93012
`
`SOTHEBY'S INTERNATIONAL REALTY
`
`2 days on Zillow
`
`https://www.zillow .com/homedetails/4828-Calle-Brisa-Camarillo-CA-93012/52464505_zpid/
`
`1/11
`
`

`

`EXHIBIT 5
`EXHIBIT 5
`
`
`
`https://www.sonifyhearing.com/
`
`
`
`18 captures 21 Apr 2021 - 23 Mar 2023
`
`'
`
`2020
`
`2022 aUrmaneeaicy
`a)
`
`- DUNIFY
`| a H E A R_! Products The Sonify Difference About Sonify Resources
`
`Care and Maintenance
`
`Sonify Training Videos
`
`Contact Us
`
`Shop for Hearing Aids
`
`An Affordable Elite Hearing Experience
`
`Superior Sound Quality
`
`Behind the ear hearing aid
`
`All Day Comfort
`
`Hear better in quiet and noise
`with our state-of-the-art
`hardwareand acoustic
`processing.
`
`Forget you are wearing
`hearing aids with our discrete
`and proprietary tube and
`eartip designs.
`
`

`

`Whois sonifyhearing.com
`
`7/25/23, 11:20 AM
`
`EXHIBIT 6
`
`Enter Domain or IP
`
`WHOIS
`
`DOMAINS
`
`WEBSITE
`
`CLOUD
`
`HOSTING
`
`SERVERS
`
`EMAIL
`
`SECURITY
`
`WHOIS
`
`SUPPORT
`
` LOGIN
`
` 0
`
`sonifyhearing.com
`
`Domain Information
`
`Domain:
`
`sonifyhearing.com
`
`Registrar:
`
`NameCheap, Inc.
`
`Registered On:
`
`2018-09-18
`
`Expires On:
`
`2026-09-18
`
`Updated On:
`
`2021-03-09
`
`Status:
`
`clientTransferProhibited
`
`Name Servers:
`
`dns1.registrar-servers.com
`dns2.registrar-servers.com
`
`Registrant Contact
`
`Organization:
`
`Privacy service provided by Withheld for Privacy ehf
`
`Street:
`
`City:
`
`State:
`
`Postal Code:
`
`Country:
`
`Phone:
`
`Email:
`
`Kalkofnsvegur 2
`
`Reykjavik
`
`Capital Region
`
`101
`
`IS
`
`+354.4212434
`
`@withheldforprivacy.com
`
`Administrative Contact
`
`Updated 1 second ago
`
`Interested in similar domains?
`
`sonifyaudiology.com
`
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`sonifysinus.com
`
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`
`.space
` $0.88
`
`BUY NOW
`
`On Sale!
`
`Organization:
`
`Privacy service provided by Withheld for Privacy ehf
`
`.INFO @ $4.88 $24.88
`
`Street:
`
`City:
`
`State:
`
`Kalkofnsvegur 2
`
`Reykjavik
`
`Capital Region
`
`Postal Code:
`
`Country:
`
`101
`
`IS
`
`https://www.whois.com/whois/sonifyhearing.com
`
`Page 1 of 3
`
`$24.88
`
`*while stocks last
`
`

`

`PTO- 1478
`
`Approved for use through 10/31/2024. OMB 0651-0009
`
`EXHIBIT 7
`
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number
`
`Trademark/Service Mark Application, Principal Register
`
`TEAS Plus Application
`
`Serial Number: 97299332
`Filing Date: 03/07/2022
`
`NOTE: Data fields with the * are mandatory under TEAS Plus. The wording "(if applicable)" appears where the field is only mandatory
`under the facts of the particular application.
`
`The table below presents the data as entered.
`
`Input Field
`
`Entered
`
`TEAS Plus
`
`MARK INFORMATION
`
`*MARK
`
`*STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`LITERAL ELEMENT
`
`*MARK STATEMENT
`
`REGISTER
`
`APPLICANT INFORMATION
`
`*OWNER OF MARK
`
`DBA/AKA/TA/FORMERLY
`
`*MAILING ADDRESS
`
`*CITY
`
`*STATE
`(Required for U.S. applicants)
`
`YES
`
`Sonify Hearing
`
`YES
`
`YES
`
`Sonify Hearing
`
`The mark consists of standard characters, without claim to any
`particular font style, size, or color.
`
`Principal
`
`Novidan, Inc.
`
`DBA Sonify Hearing
`
`678 Mendelssohn Ave N
`
`Golden Valley
`
`Minnesota
`
`*COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`United States
`
`*ZIP/POSTAL CODE
`(Required for U.S. and certain international addresses)
`
`PHONE
`
`*EMAIL ADDRESS
`
`WEBSITE ADDRESS
`
`55427
`
`763-205-3269
`
`XXXX
`
`www.sonifyhearing.com
`
`LEGAL ENTITY INFORMATION
`
`*TYPE
`
`CORPORATION
`
`* STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY OF
`INCORPORATION
`
`Delaware
`
`GOODS AND/OR SERVICES AND BASIS INFORMATION
`
`

`

`* INTERNATIONAL CLASS
`
`*IDENTIFICATION
`
`*FILING BASIS
`
` FIRST USE ANYWHERE DATE
`
` FIRST USE IN COMMERCE DATE
`
` SPECIMEN FILE NAME(S)
`
` ORIGINAL PDF FILE
`
` CONVERTED PDF FILE(S)
` (2 pages)
`
`
`
`EXHIBIT 7
`
`010
`
`Hearing aids
`
`SECTION 1(a)
`
`At least as early as 10/02/2020
`
`At least as early as 10/02/2020
`
`SPE0-260330161401d40054d7 c9559dea9b-20220307164929
`797981_._MACH_I__1_Pair__ -
`_Sonify_Hearing_webpage.pdf
`
`\\TICRS\EXPORT18\IMAGEOUT
`18\972\993\97299332\xml1\ FTK0003.JPG
`
`\\TICRS\EXPORT18\IMAGEOUT
`18\972\993\97299332\xml1\ FTK0004.JPG
`
` SPECIMEN DESCRIPTION
`
`Website showing products available for sale.
`
` WEBPAGE URL
`
`https://www.sonifyhearing.com/product/mach-i-1-pair/
`
` WEBPAGE DATE OF ACCESS
`
`03/07/2022
`
`ADDITIONAL STATEMENTS INFORMATION
`
`*TRANSLATION
`(if applicable)
`
`*TRANSLITERATION
`(if applicable)
`
`*CLAIMED PRIOR REGISTRATION
`(if applicable)
`
`*CONSENT (NAME/LIKENESS)
`(if applicable)
`
`*CONCURRENT USE CLAIM
`(if applicable)
`
`
`
`
`
`
`
`
`
`
`
`CORRESPONDENCE INFORMATION
`
`NAME
`
`Novidan, Inc.
`
`PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE
`
`brian@novidaninc.com
`
`SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES)
`
`pete@novidaninc.com
`
`FEE INFORMATION
`
`APPLICATION FILING OPTION
`
`TEAS Plus
`
`NUMBER OF CLASSES
`
`APPLICATION FOR REGISTRATION PER CLASS
`
`*TOTAL FEES DUE
`
`*TOTAL FEES PAID
`
`SIGNATURE INFORMATION
`
`* SIGNATURE
`
`* SIGNATORY'S NAME
`
`* SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`1
`
`250
`
`250
`
`250
`
`/Brian Dobson/
`
`Brian Dobson
`
`COO
`
`763-205-3269
`
`

`

`* DATE SIGNED
`
`SIGNATURE METHOD
`
`EXHIBIT 7
`
`03/07/2022
`
`Signed directly within the form
`
`

`

`PTO- 1478
`
`Approved for use through 10/31/2024. OMB 0651-0009
`
`EXHIBIT 7
`
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number
`
`Trademark/Service Mark Application, Principal Register
`
`
`
`TEAS Plus Application
`
`Serial Number: 97299332
`Filing Date: 03/07/2022
`
`To the Commissioner for Trademarks:
`
`MARK: Sonify Hearing (Standard Characters, see mark)
`The literal element of the mark consists of Sonify Hearing. The mark consists of standard characters, without claim to any particular font style,
`size, or color.
`The applicant, Novidan, Inc., DBA Sonify Hearing, a corporation of Delaware, having an address of
` 678 Mendelssohn Ave N
` Golden Valley, Minnesota 55427
` United States
` 763-205-3269(phone)
` XXXX
`
`requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register
`established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:
`
`For specific filing basis information for each item, you must view the display within the Input Table.
`International Class 010: Hearing aids
`
`Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or
`will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of
`listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image
`file may be in color, and the image must be in color if color is being claimed as a feature of the mark.
`
`In International Class 010, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least
`as early as 10/02/2020, and first used in commerce at least as early as 10/02/2020, and is now in use in such commerce. The applicant is
`submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed
`goods/services, consisting of a(n) Website showing products available for sale..
`
`Original PDF file:
`SPE0-260330161401d40054d7 c9559dea9b-20220307164929 797981_._MACH_I__1_Pair__ -_Sonify_Hearing_webpage.pdf
`Converted PDF file(s) (2 pages)
`Specimen File1
`Specimen File2
`
`Webpage URL: https://www.sonifyhearing.com/product/mach-i-1-pair/
`Webpage Date of Access: 03/07/2022
`
`For informational purposes only, applicant's website address is: www.sonifyhearing.com
`The applicant's current Correspondence Information:
`
` Novidan, Inc.
`
` PRIMARY EMAIL FOR CORRESPONDENCE: brian@novidaninc.com
` SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): pete@novidaninc.com
`
`Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and
`the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark
`Electronic Application System (TEAS).
`
`

`

`A fee payment in the amount of $250 has been submitted with the application, representing payment for 1 class(es).
`
`EXHIBIT 7
`
`Basis:
`If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a):
`
`Declaration
`
`The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered;
`The mark is in use in commerce and was in use in commerce as of the filing date of the application on or in connection with the
`goods/services in the application;
`The specimen(s) shows the mark as used on or in connection with the goods/services in the application and was used on or in
`connection with the goods/services in the application as of the application filing date; and
`To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
`
`And/Or
`If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d),
`and/or § 1126(e):
`
`The signatory believes that the applicant is entitled to use the mark in commerce;
`The applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as
`of the application filing date on or in connection with the goods/services in the application; and
`To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
`
`To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the
`mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the
`goods/services of such other persons, to cause confusion or mistake, or to deceive.
`
`To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the
`allegations and other factual contentions made above have evidentiary support.
`
`The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §
`1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration
`resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and
`belief are believed to be true.
`
`Declaration Signature
`
`Signature: /Brian Dobson/ Date: 03/07/2022
`Signatory's Name: Brian Dobson
`Signatory's Position: COO
`Signatory's Phone Number: 763-205-3269
`Signature method: Signed directly within the form
`Payment Sale Number: 97299332
`Payment Accounting Date: 03/07/2022
`
`Serial Number: 97299332
`Internet Transmission Date: Mon Mar 07 17:04:18 ET 2022
`TEAS Stamp: USPTO/FTK-XXXX:XXXX:XXXX:XXXX:XXX:XXX:XX
`XX:XXXX-20220307170418512374-97299332-82
`03859b3108b629284529ae76c1d797c6b7e6653a
`8ab2699beeb721aba63a5d-CC-04170409-20220
`307164929797981
`
`
`

`

`EXHIBIT 8
`EXHIBIT 8
`
`
`
`ee5o M-<
`
`O
`
`@ sonifyhearing.com
`
`@
`
`© 4 te
`
`
`
`
`
`English 45-day Risk Free Trial \. 1-833-668-4326©MyAccount Your Cart
`
`ae
`The Sonify Hearing About