ESTTA Tracking number:
`
`ESTTA1326657
`
`Filing date:
`
`12/05/2023
`
`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
`
`Marine Layer PBC
`
`Corporation
`
`1572 CALIFORNIA STREET
`SAN FRANCISCO, CA 94109
`UNITED STATES
`
`Incorporated or
`registered in
`
`Delaware
`
`Attorney informa-
`tion
`
`JONATHAN A MUENKEL
`NORTHSTAR LAW GROUP
`1106 SECOND STREET
`#831
`ENCINITAS, CA 92024
`UNITED STATES
`Primary email: jonathan@ns-lg.com
`Secondary email(s): laura@ns-lg.com, docket@ns-lg.com
`858-800-2537 (Ext 701)
`
`Docket no.
`
`185-00005TM1
`
`Registration subject to cancellation
`
`Registration no.
`
`5538449
`
`Registration date
`
`08/14/2018
`
`Register
`
`International re-
`gistration no.
`
`Registrant
`
`Principal
`
`NONE
`
`International re-
`gistration date
`
`NONE
`
`FASHIONZA INTERNATIONAL LTD.
`CASTLE HILL AVENUE
`INGLES MANOR
`FOLKESTONE, CT202RD
`UNITED KINGDOM
`
`Goods/services subject to cancellation
`
`Class 003. First Use: None First Use In Commerce: None
`All goods and services in the class are subject to cancellation, namely: Perfumery; Essential oils for
`personal use; Cosmetics and make-up; Eye make-up; Eyeliners; Blushers; Lipsticks; Hair lotions;
`Non-medicated soaps for hands, face and body
`
`Class 025. First Use: None First Use In Commerce: None
`All goods and services in the class are subject to cancellation, namely: Clothing, namely, shirts,
`pants, coats, dresses, tops and bottoms; footwear; headwear; swimwear; sportswear, namely, athlet-
`ic shorts, athletic pants, athletic shirts, athletic uniforms; leisurewear, namely, robes, night gowns,
`leisure suits, leisure shoes, loungewear
`
`Grounds for cancellation
`
`

`

`Abandonment
`
`Mark never used in commerce
`
`Trademark Act Section 14(3)
`
`Trademark Act Section 14(6)
`
`Attachments
`
`Allison - Petition for Cancellation.pdf(163714 bytes )
`Exhibit A - Fashionza International Ltd.pdf(116342 bytes )
`Exhibit B - Fashionza Address and Director.pdf(234461 bytes )
`Exhibit C - Subject Registration Application 87510034.pdf(41094 bytes )
`Exhibit D - Response to OA 87510034-2.pdf(216138 bytes )
`Exhibit E - Notice of Strike Off - Registrar of Companies.pdf(14916 bytes )
`Exhibit F - Strike Off - Registrar of Companies.pdf(5948 bytes )
`Exhibit G - Fashionza Filing history - Find and update company inform ation -
`GOV.UK.pdf(107580 bytes )
`Exhibit H - Dormant companies and associations - Overview - GOV.UK.pd
`f(65639 bytes )
`Exhibit I - Daily Sun Express Article.pdf(2163268 bytes )
`Exhibit J - Michael Gleissner - World Trademark Review.pdf(1045473 bytes )
`Exhibit K - Additional Fashionza Trademark Apps.pdf(160045 bytes )
`Exhibit L - Morton-Final-Order-D2022-07.pdf(1987624 bytes )
`
`Signature
`
`/Jonathan A Muenkel/
`
`Name
`
`Date
`
`Jonathan A Muenkel
`
`12/05/2023
`
`

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`
`
`Jonathan A. Muenkel, Esq.
`NorthStar Law Group
`1106 Second Street, #831
`Encinitas, CA 92024
`Phone: (858) 800-2537 (Ext. 701)
`Email: jonathan@ns-lg.com
`
`Attorneys for Petitioner, Marine Layer PCB
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`MARINE LAYER PBC,
`
`
`Petitioner,
`
`vs.
`
`FASHIONZA INTERNATIONAL LTD.,
`
`
`Registrant.
`
`
`
`Cancellation No. _________________
`
`Mark: ALLISON
`
`Registration No.: 5538449
`
`Registration Date: August 14, 2018
`PLEADING TITLE
`
`PETITION TO CANCEL
`
`Petitioner Marine Layer PBC (“Petitioner”), a Delaware Corporation, has a pending
`
`trademark application Serial No. 97/698,204 for the mark “ALLISON” (the “Pending Mark”).
`
`Petitioner’s application has been preliminarily rejected by the Examiner due to perceived
`
`likelihood of confusion with Registration Number 5,538,449 for the mark “ALLISON” (the
`
`“Subject Registration”) which registered on August 14, 2018 to Fashionza International Ltd., a
`
`now-dissolved UK private limited company.
`
`Petitioner has standing to bring this action since it will be damaged by the continued
`
`registration of the Subject Registration, and hereby petitions to cancel the Subject Registration
`
`based on non-use and abandonment.
`
`
`
`
`
`- 1 -
`
`
`
`
`
`
`
`PETITION FOR CANCELLATION
`(REGISTRATION NO. 5528449)
`
`

`

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`THE PARTIES AND THEIR RESPECTIVE TRADEMARKS
`
`1.
`
`Petitioner is a Delaware Corporation with a principal place of business located at 1572
`
`California Street, San Francisco, CA 94109.
`
`2.
`
`Petitioner owns the Pending Mark, and is presently using this mark in commerce in
`
`connection with Class 025 goods (Pants; Trousers).
`
`3.
`
`Petitioner filed a §1(a) trademark application for the Pending Mark, on November 30,
`
`2022, and which was assigned Serial No. 97/698,204.
`
`4.
`
`On September 18, 2023, Petitioner received a non-final Office Action citing the Subject
`
`Registration as the basis for refusal under §2(d).
`
`5.
`
`6.
`
`Fashionza International Ltd. (“Registrant”) is the listed owner of the Subject Registration.
`
`Registrant was a private limited company formed in the United Kingdom on August 3,
`
`2016, but subsequently dissolved on March 23, 2021. See Exhibit A.
`
`7.
`
`Registrant’s initial address of record, and as used in the application filed with the USPTO
`
`leading to the Subject Registration, was 3rd Floor 207 Regent Street, London, United Kingdom
`
`W1B 3HH. See Exhibit B at p. 2 and Exhibit C at p. 1.
`
`8.
`
`Registrant’s sole director and shareholder during its existence was a German national by
`
`the name of Michael Gleissner. See Exhibit B at p 2.
`
`9.
`
`On June 29, 2017, Registrant filed a §44(d) application for the mark covered by the
`
`Subject Registration, by and through its attorney, Jonathan G. Morton of Morton & Associates
`
`LLP. See Exhibit C at p. 2.
`
`10. On March 30, 2018, Fashionza filed a response to an Office Action, amending its filing
`
`basis to §44(e), and attaching a trademark registration certificate for the mark “ALLISON” from
`
`the Benelux Office of Intellectual Property. See Exhibit D.
`
`
`
`PETITION FOR CANCELLATION
`(REGISTRATION NO. 5528449)
`
`- 2 -
`
`

`

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`11. On December 1, 2020, the United Kingdom Registrar of Companies gave notice that,
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`unless cause is shown to the contrary, Registrant would be struck from the official register of
`
`companies and dissolved. See Exhibit E.
`
`12. On March 23, 2021, Registrant was dissolved via compulsory strike-off by the United
`
`Kingdom Registrar of Companies. See Exhibit F.
`
`13. Registrant’s attorney of record relating to the Subject Registration is as follows:
`
`Jonathan G. Morton
`Morton & Associates LLP
`246 West Broadway
`New York, New York 10013
`Tel. (212) 666-5000
`Email: trademarks@moas.com
`
`14. For reasons discussed below, Petitioner alleges, based on information and belief, that the
`
`Subject Registration was likely never used in commerce to begin with or, even if used, has been
`
`abandoned by Registrant with no intent to resume or continue use.
`
`COUNT ONE
`Non-Use And/Or Abandonment Under 15 U.S.C. 1064(3)
`
`
`
`
`
`15. Petitioner initially questions whether the Subject Registration was ever used by Registrant
`
`anywhere in the world, let alone the United States. On this point, Petitioner notes that Registrant
`
`did not provide any specimen of the mark covered by the Subject Registration with its U.S.
`
`trademark application filing, but instead relied on §44(e) as the basis for its filing, and provided
`
`an alleged trademark registration certificate from the Benelux Office for Intellectual Property.
`
`See Exhibit D.
`
`16.
`
`In addition, and following a reasonable search online, Petitioner also could not find any
`
`evidence of use of the mark covered by the Subject Registration in connection with the Registrant.
`
`- 3 -
`
`PETITION FOR CANCELLATION
`(REGISTRATION NO. 5528449)
`
`

`

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`17. Petitioner further alleges that even if Registrant legitimately used the Subject Registration
`
`in commerce at some point in the U.S., Registrant has since abandoned the mark covered by the
`
`Subject Registration, with no bona fide intention to resume, or continue, such mark.
`
`18. Evidence of abandonment is supported by dissolution of Registrant as a company on
`
`March 23, 2021.
`
` See Exhibit A;
`
`see also https://find-and-update.company-
`
`information.service.gov.uk/company/10309387.
`
`19.
`
`In addition, for each year from 2018 through 2020 before it was dissolved, Registrant filed
`
`with the United Kingdom Companies House, “Accounts for a dormant company”. See Exhibit
`
`G. According to the GOV.UK website: “Your company or association may be ‘dormant’ if it’s
`
`not doing business (‘trading’) and doesn’t have any other income, for example investments.”
`
`See Exhibit H; see also https://www.gov.uk/dormant-company
`
`20. Based on the above information, Petitioner is informed and believes that Registrant has
`
`either never used the mark covered by the Subject Registration, or at least has not been using the
`
`Subject Registration in commerce since Registrant was dissolved on March 23, 2021.
`
`21. Petitioner provides the following additional information which calls into question the
`
`overall legitimacy of the application originally filed by Registrant relating to the mark covered
`
`by the Subject Registration:
`
`a. The original address of Registrant provided in its formation papers filed with the United
`
`Kingdom Companies House, and in its trademark application filed with the USPTO, is
`
`the alleged site of virtual offices for over 4,000 different companies and, as one, news
`
`source described
`
`“a
`
`scammers paradise”.
`
` See Exhibit
`
`I;
`
`see also
`
`https://www.thisismoney.co.uk/money/beatthescammers/article-9541973/Posh-address-
`
`4-000-firms-call-home-Scammers-turn-virtual-offices.html.
`
`
`
`PETITION FOR CANCELLATION
`(REGISTRATION NO. 5528449)
`
`- 4 -
`
`

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`b. The sole director of Registrant, German national, Michael Gleissner, appears to be a
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`prolific trademark squatter, and has been described in the news as a trademark “troll”
`
`who reportedly has abused trademark systems throughout the world by filing thousands
`
`of trademark applications under almost as many separate company names with no real
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`intent to use the marks. See Exhibit J describing the acts of Gleissner and identifying
`
`Gleissner’s attorney of record as Jonathan Grant Morton.
`
`c. A search of the USPTO trademark database reveals that Registrant has 5 additional
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`trademark registrations (3 live and 2 dead as abandoned); each for a common name (e.g.,
`
`Alondra, Alex, Marissa and Mariah). See Exhibit K. Moreover, all of these marks
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`stemmed from applications filed by attorney, Jonathan G. Morton, and relied on §44(d)
`
`and submission of a trademark registration certificate from the Benelux IP office. Id.
`
`d. Registrant’s attorney-of-record for the Subject Registration, and who filed the initial
`
`trademark application
`
`for Registrant, has a non-functioning website
`
`(see
`
`https://moas.com), and is currently under suspension from practice before the USPTO
`
`for disciplinary reasons relating to trademark filings. See Exhibit K.
`
`22. Petitioner is and will continue to be damaged by the Subject Registration because the
`
`USPTO presently refuses to register Petitioner’s Pending Mark based upon an assertion of a
`
`likelihood of confusion with the mark covered by the Subject Registration, which Petitioner
`
`alleges has never been used, or otherwise been abandoned with the intent not to resume use.
`
`PRAYER FOR RELIEF
`
`23. Based on the foregoing, Petitioner alleges that the Subject Registration has been
`
`abandoned by Registrant, which is now a dissolved entity. Petitioner has and will be damaged
`
`- 5 -
`
`PETITION FOR CANCELLATION
`(REGISTRATION NO. 5528449)
`
`

`

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`by continuing registration of the Subject Registration due to Petitioner’s likely inability to obtain
`
`registration for the Pending Mark due to the Subject Registration.
`
`24. WHEREFORE, Petitioner respectfully prays that the Subject Registration be canceled due
`
`to abandonment.
`
`Dated December 5, 2023
`
`Jonathan A. Muenkel, Esq.
`Attorney for Petitioner, Marine Layer PBC
`
`
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`PETITION FOR CANCELLATION
`(REGISTRATION NO. 5528449)
`
`- 6 -
`
`

`

`FASHIONZA INTERNATIONAL LTD. overview - Find and update company information - GOV.UK
`
`12/1/23, 3:47 PM
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`FASHIONZA INTERNATIONAL LTD.
`
`Company number 10309387
`
`Follow this company
`
`Overview
`
`Filing history
`
`People
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`More
`
`Registered office address
`Ingles Manor, Castle Hill Avenue, Folkestone, United Kingdom, CT20 2RD
`
`Company status
`Dissolved
`
`Dissolved on
`23 March 2021
`
`Company type
`Private limited Company
`
`https://find-and-update.company-information.service.gov.uk/company/10309387
`
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`

`FASHIONZA INTERNATIONAL LTD. overview - Find and update company information - GOV.UK
`
`12/1/23, 3:47 PM
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`Incorporated on
`3 August 2016
`
`Accounts
`
`Last accounts made up to 31 August 2019
`
`Nature of business (SIC)
`
`60200 - Television programming and broadcasting activities
`
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`

`

`FILE COPY
`
`
`
`CERTIFICATE OF INCORPORATION
`OFA
`PRIVATE LIMITED COMPANY
`
`Company Number 10309387
`
`The Registrar of Companies for England and Wales, hereby certifies
`that
`
`FASHIONZA INTERNATIONAL LTD.
`
`is this day incorporated under the Companies Act 2006 asa private
`company, that the company is limited by shares, and the situation ofits
`registered office is in England and Wales
`
`Given at Companies House, Cardiff, on 3rd August 2016
`
`
`
`* N103093871 *
`
`
`
`
`pA.
`PSG
`ompanies House
`
`sotREQ7
`
`Map,ga
`
`OFC,
`sn Ne
`
`a
`Lang KS
`THE OFFICIAL SEAL OF THE
`REGISTRAR OF COMPANIES
`
`The above information was communicated by electronic means and authenticated
`by the Registrar of Companies under section 1115 of the Companies Act 2006
`
`

`

`Companies House
`
`(ef)
`
`Application to register a company
`
`
`
`
`
`
`
`
`
`
`
` Receivedforfiling in Electronic Format on the:27/07/2016 XSC4BW54
`
`Company Name in
`full:
`
`FASHIONZA INTERNATIONAL LTD.
`
`Company Type:
`
`Private companylimited by shares
`
`Situation of
`Registered Office:
`
`England and Wales
`
`
`
`Proposed RegisteredolRDFLOORI207REGENT/STREED
`
`Office Address:
`
`Sic Codes:
`
`60200
`
`I wish to entirely adoptthe following modelarticles:
`
`Private (Ltd by Shares)
`
`Electronically filed document for Company Number:
`
`10309387
`
`

`

`Proposed Officers
`
`
`
`CompanyDirector 1
`
`
`
`Type:
`Person
`Full Forename(s):-MICHAEL
`Surname: ‘GLEISSNER—
`
`
`Former Names:
`
`Service Address:
`
`recorded as Company's registered office
`
`Country/State Usually
`Resident:
`
`‘BELGIUM
`
`Date of Birth:
`
`**/04/1969
`
`Nationality:
`
`GERMAN
`
`Occupation:
`
`BUSINESSMAN
`
`The subscribers confirm that the person namedhas consented to act as a director.
`
`Electronically filed document for Company Number:
`
`10309387
`
`

`

`Statement of Capital (Share Capital)
`
`
`Class ofShares:
`Currency:
`Prescribed particulars
`
`ORDINARY
`GBP
`
`Numberallotted
`Aggregate nominal value:
`
`500
`50000
`
`EACH SHAREHAS FULL RIGHTS IN THE COMPANY WITH RESPECT TO VOTING,
`DIVIDENDS AND DISTRIBUTIONS.
`
`Statement of Capital (Totals)
`
`Currency:
`
`GBP
`
`Total numberof shares:
`Total aggregate nominal value:
`Total aggregate unpaid:
`
`500
`50000
`50000
`
`Electronically filed document for Company Number:
`
`10309387
`
`

`

`Initial Shareholdings
`
`
`Name:
`
`MICHAEL GLEISSNER
`
`Address
`
`4 LEEUWENSTRAAT
`ANTWERPEN
`
`Class ofShares:
`
`ORDINARY
`
`BELGIUM
`B-2000
`
`Numberof shares:
`Currency:
`Nominal value of each
`share:
`
`Amount unpaid:
`Amount paid:
`
`500
`GBP
`100
`
`100
`0
`
`Electronically filed document for Company Number:
`
`10309387
`
`

`

`Persons with Significant Control (PSC)
`
`Statementofinitial significant control
`
`On incorporation, there will be someone who will count as a Person with Significant Control (either a
`registerable person or relevant legal entity (RLE)) in relation to the company
`
`Electronically filed document for Company Number:
`
`10309387
`
`

`

`Individual Person with Significant Control details
`
`Names:
`
`MICHAEL GLEISSNER
`
`Country/State Usually
`Resident:
`
`BELGIUM
`
`Date of Birth:
`
`**/04/1969
`
`Nationality:
`
`GERMAN
`
`Service address recorded as Company's registered office
`
`The subscribers confirm that each person named as an individual PSC in this application knows that their
`particulars are being supplied as part of this application.
`
`Electronically filed document for Company Number:
`
`10309387
`
`

`

`Nature of control
`
`Nature of control
`
`Nature of control
`
`Nature of control
`
`The person holds, directly or indirectly, 75% or more of the
`shares in the company.
`
`The person hasthe right, directly or indirectly, to appoint or
`remove a majority of the board of directors of the company.
`
`The person hasthe right to exercise, or actually exercises,
`significant influence or control over the company.
`
`The person holds, directly or indirectly, 75% or more of the
`voting rights in the company.
`
`Electronically filed document for Company Number:
`
`10309387
`
`

`

`Statement of Compliance
`
`I confirm the requirements of the Companies Act 2006 as to registration have been complied with.
`
`Name:
`Authenticated
`
`MICHAEL GLEISSNER
`YES
`
`
`
`Authorisation
`
`Authoriser Designation:
`
`subscriber
`
`Authenticated YES
`
`Electronically filed document for Company Number:
`
`10309387
`
`

`

`COMPANY HAVING A SHARE CAPITAL
`
`Memorandum of association of
`
`FASHIONZA INTERNATIONAL LTD.
`
`Each subscriber to this memorandum of association wishes to form a company under the Companies Act 2006 and agrees to
`become a member of the companyand to take at least one share.
`
`Nameof each subscriber
`
`Michael Gleissner
`
`Dated: 27/07/2016
`
`Authentication
`
`Authenticated Electronically
`
`

`

`Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`PTO Form 1478 (Rev 09/2006)
`
`OMB No. 0651-0009 (Exp 02/28/2018)
`
`Trademark/Service Mark Application, Principal Register
`
`Serial Number: 87510034
`Filing Date: 06/29/2017
`
`The table below presents the data as entered.
`
`Input Field
`
`Entered
`
`SERIAL NUMBER
`
`MARK INFORMATION
`
`*MARK
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`LITERAL ELEMENT
`
`MARK STATEMENT
`
`REGISTER
`
`APPLICANT INFORMATION
`
`*OWNER OF MARK
`
`INTERNAL ADDRESS
`
`*STREET
`
`*CITY
`
`*COUNTRY
`
`*ZIP/POSTAL CODE
`(Required for U.S. and certain international addresses)
`
`LEGAL ENTITY INFORMATION
`
`87510034
`
`Allison
`
`YES
`
`YES
`
`Allison
`
`The mark consists of standard characters, without claim to any
`particular font style, size, or color.
`
`Principal
`
`FASHIONZA INTERNATIONAL LTD.
`
`3rd Floor
`
`207 Regent Street
`
`London
`
`Great Britain
`
`W1B3HH
`
`TYPE
`
`private limited company
`
`STATE/COUNTRY WHERE LEGALLY ORGANIZED
`
`Great Britain
`
`GOODS AND/OR SERVICES AND BASIS INFORMATION
`
`INTERNATIONAL CLASS
`
`003 
`
`*IDENTIFICATION
`
`FILING BASIS
`
`       FOREIGN APPLICATION NUMBER
`
`       FOREIGN APPLICATION
`       COUNTRY
`
`       FOREIGN FILING DATE
`
`       INTENT TO
`       PERFECT 44(d)
`
`Perfumery; essential oils; cosmetics; make-up; eye make-up;
`eyeliners; blushers; lipsticks; hair lotions; soaps
`
`SECTION 44(d)
`
`1346133
`
`Benelux
`
`01/06/2017
`
`At this time, the applicant intends to rely on §44(e) as a basis
`for registration. If ultimately the applicant does not rely on
`§44(e) as a basis for registration, a valid claim of priority may
`be retained.
`
`

`

`INTERNATIONAL CLASS
`
`025 
`
`*IDENTIFICATION
`
`FILING BASIS
`
`       FOREIGN APPLICATION NUMBER
`
`       FOREIGN APPLICATION
`       COUNTRY
`
`       FOREIGN FILING DATE
`
`       INTENT TO
`       PERFECT 44(d)
`
`ATTORNEY INFORMATION
`
`NAME
`
`FIRM NAME
`
`STREET
`
`CITY
`
`STATE
`
`COUNTRY
`
`ZIP/POSTAL CODE
`
`PHONE
`
`FAX
`
`EMAIL ADDRESS
`
`Clothing; footwear; headgear; swimwear; sportswear;
`leisurewear
`
`SECTION 44(d)
`
`1346133
`
`Benelux
`
`01/06/2017
`
`At this time, the applicant intends to rely on §44(e) as a basis
`for registration. If ultimately the applicant does not rely on
`§44(e) as a basis for registration, a valid claim of priority may
`be retained.
`
`Jonathan G. Morton
`
`Morton & Associates LLP
`
`246 West Broadway
`
`New York
`
`New York
`
`United States
`
`10013
`
`(212) 666-5000
`
`(212) 504-0888
`
`trademarks@moas.com
`
`AUTHORIZED TO COMMUNICATE VIA EMAIL
`
`Yes
`
`CORRESPONDENCE INFORMATION
`
`NAME
`
`FIRM NAME
`
`STREET
`
`CITY
`
`STATE
`
`COUNTRY
`
`ZIP/POSTAL CODE
`
`PHONE
`
`FAX
`
`Jonathan G. Morton
`
`Morton & Associates LLP
`
`246 West Broadway
`
`New York
`
`New York
`
`United States
`
`10013
`
`(212) 666-5000
`
`(212) 504-0888
`
`*EMAIL ADDRESS
`
`trademarks@moas.com
`
`*AUTHORIZED TO COMMUNICATE VIA EMAIL
`
`Yes
`
`FEE INFORMATION
`
`APPLICATION FILING OPTION
`
`NUMBER OF CLASSES
`
`TEAS RF
`
`2
`
`

`

`APPLICATION FOR REGISTRATION PER CLASS
`
`*TOTAL FEE DUE
`
`*TOTAL FEE PAID
`
`SIGNATURE INFORMATION
`
`SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`DATE SIGNED
`
`275
`
`550
`
`550
`
`/ Jonathan G. Morton /
`
`Jonathan G. Morton
`
`Attorney of Record, New York bar member
`
`(212) 666-5000
`
`06/29/2017
`
`

`

`Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`PTO Form 1478 (Rev 09/2006)
`
`OMB No. 0651-0009 (Exp 02/28/2018)
`
` 
`
`Trademark/Service Mark Application, Principal Register
`
`Serial Number: 87510034
`Filing Date: 06/29/2017
`
`To the Commissioner for Trademarks:
`
`MARK: Allison (Standard Characters, see mark)
`The literal element of the mark consists of Allison.
`The mark consists of standard characters, without claim to any particular font style, size, or color.
`
`The applicant, FASHIONZA INTERNATIONAL LTD., a private limited company legally organized under the laws of Great Britain, having an
`address of
`      3rd Floor
`      207 Regent Street
`      London W1B3HH
`      Great Britain
`
`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:
`
`       International Class 003:  Perfumery; essential oils; cosmetics; make-up; eye make-up; eyeliners; blushers; lipsticks; hair lotions; soaps
`
`Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the
`identified goods/services and asserts a claim of priority based on Benelux application number 1346133, filed 01/06/2017.
`INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on §44(e) as a basis for registration. If ultimately the applicant does not
`rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
`
`       International Class 025:  Clothing; footwear; headgear; swimwear; sportswear; leisurewear
`
`Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the
`identified goods/services and asserts a claim of priority based on Benelux application number 1346133, filed 01/06/2017.
`INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on §44(e) as a basis for registration. If ultimately the applicant does not
`rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
`
`The applicant's current Attorney Information:
`      Jonathan G. Morton of Morton & Associates LLP      246 West Broadway
`      New York, New York 10013
`      United States
`      (212) 666-5000(phone)
`      (212) 504-0888(fax)
`      trademarks@moas.com (authorized)
`
`The applicant's current Correspondence Information:
`
`      Jonathan G. Morton
`
`      Morton & Associates LLP
`
`      246 West Broadway
`
`      New York, New York 10013
`
`      (212) 666-5000(phone)
`
`      (212) 504-0888(fax)
`
`      trademarks@moas.com (authorized)
`E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's
`
`

`

`attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail address
`must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the
`Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to
`submit an additional processing fee of $125 per international class of goods/services.
`
`A fee payment in the amount of $550 has been submitted with the application, representing payment for 2 class(es).
`
`Declaration
`
`Basis:
`If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a):
`
`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.
`
`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 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: / Jonathan G. Morton /   Date: 06/29/2017
`Signatory's Name: Jonathan G. Morton
`Signatory's Position: Attorney of Record, New York bar member
`Payment Sale Number: 87510034
`Payment Accounting Date: 06/29/2017
`
`Serial Number: 87510034
`Internet Transmission Date: Thu Jun 29 01:09:08 EDT 2017
`TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XXX-201706290109084
`52145-87510034-5909eaa5b57046fc622cffb47
`dcae938e25deeacd7181f1a419e7d9a407824e4-
`CC-7497-20170629010226509390
` 
`
`

`

`Allison
`
`

`

`Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`PTO Form 1957 (Rev 10/2011)
`
`OMB No. 0651-0050 (Exp 09/20/2020)
`
`Response to Office Action
`
`The table below presents the data as entered.
`
`Input Field
`
`Entered
`
`SERIAL NUMBER
`
`LAW OFFICE ASSIGNED
`
`MARK SECTION
`
`MARK
`
`LITERAL ELEMENT
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`MARK STATEMENT
`
`87510034
`
`LAW OFFICE 119
`
`https://tmng-al.uspto.gov/resting2/api/img/87510034/large
`
`ALLISON
`
`YES
`
`YES
`
`The mark consists of standard characters, without claim to any particular font style,
`size or color.
`
`GOODS AND/OR SERVICES SECTION (003)(current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`003
`
`Perfumery; essential oils; cosmetics; make-up; eye make-up; eyeliners; blushers; lipsticks; hair lotions; soaps
`
`FILING BASIS
`
`        FOREIGN APPLICATION NUMBER
`
`       FOREIGN APPLICATION COUNTRY
`
`        FOREIGN FILING DATE
`
`Section 44(d)
`
`1346133
`
`Benelux
`
`01/06/2017
`
`GOODS AND/OR SERVICES SECTION (003)(proposed)
`
`INTERNATIONAL CLASS
`
`003
`
`TRACKED TEXT DESCRIPTION
`
`Perfumery; essential oils; Essential oils for personal use; cosmetics; Cosmetics and make-up; make-up; Eye make-up; Eyeliners; Blushers;
`Lipsticks; Hair lotions; Non-medicated soaps for hands, face and body; soaps
`
`FINAL DESCRIPTION
`
`Perfumery; Essential oils for personal use; Cosmetics and make-up; Eye make-up; Eyeliners; Blushers; Lipsticks; Hair lotions; Non-medicated
`soaps for hands, face and body
`
`FILING BASIS
`
`       FOREIGN APPLICATION NUMBER
`
`       FOREIGN APPLICATION COUNTRY
`
`       FOREIGN FILING DATE
`
`Section 44(d)
`
`1346133
`
`Benelux
`
`01/06/2017
`
`       INTENT TO
`       PERFECT 44(d)
`
`FILING BASIS
`
`At this time, the applicant intends to rely on Section 44(e) as a basis for registration.
`If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a
`valid claim of priority may be retained.
`
`Section 44(e)
`
`

`

`       FOREIGN REGISTRATION NUMBER
`
`       FOREIGN REGISTRATION
`       COUNTRY
`
`       FOREIGN REGISTRATION
`       DATE
`
`       FOREIGN EXPIRATION DATE
`
`       FOREIGN REGISTRATION FILE NAME(S)
`
`1008072
`
`Benelux
`
`03/29/2017
`
`01/06/2027
`
`       ORIGINAL PDF FILE
`
`FRU0-175158225193-005021843_._Registration_Certifcate_-_ALLISON.pdf
`
`       CONVERTED PDF FILE(S)
`       (1 page)
`
`       STANDARD CHARACTERS
`       OR EQUIVALENT
`
`\\TICRS\EXPORT17\IMAGEOUT17\875\100\87510034\xml5\ROA0002.JPG
`
`YES
`
`GOODS AND/OR SERVICES SECTION (025)(current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`025
`
`Clothing; footwear; headgear; swimwear; sportswear; leisurewear
`
`FILING BASIS
`
`        FOREIGN APPLICATION NUMBER
`
`       FOREIGN APPLICATION COUNTRY
`
`        FOREIGN FILING DATE
`
`Section 44(d)
`
`1346133
`
`Benelux
`
`01/06/2017
`
`GOODS AND/OR SERVICES SECTION (025)(proposed)
`
`INTERNATIONAL CLASS
`
`025
`
`TRACKED TEXT DESCRIPTION
`
`Clothing; Clothing, namely, shirts, pants, coats, dresses, tops and bottoms; footwear; headgear; headwear; swimwear; sportswear; sportswear,
`namely, athletic shorts, athletic pants, athletic shirts, athletic uniforms; leisurewear; leisurewear, namely, robes, night gowns, leisure suits,
`leisure shoes, loungewear
`
`FINAL DESCRIPTION
`
`Clothing, namely, shirts, pants, coats, dresses, tops and bottoms; footwear; headwear; swimwear; sportswear, namely, athletic shorts, athletic
`pants, athletic shirts, athletic uniforms; leisurewear, namely, robes, night gowns, leisure suits, leisure shoes, loungewear
`
`FILING BASIS
`
`       FOREIGN APPLICATION NUMBER
`
`       FOREIGN APPLICATION COUNTRY
`
`       FOREIGN FILING DATE
`
`       INTENT TO
`       PERFECT 44(d)
`
`FILING BASIS
`
`       FOREIGN REGISTRATION NUMBER
`
`       FOREIGN REGISTRATION
`       COUNTRY
`
`       FOREIGN REGISTRATION
`       DATE
`
`       FOREIGN EXPIRATION DATE
`
`Section 44(d)
`
`1346133
`
`Benelux
`
`01/06/2017
`
`At this time, the applicant intends to rely on Section 44(e) as a basis for registration.
`If ultimately the applicant does not rely on Section 44(e) as a basis