ESTTA Tracking number:
`
`ESTTA1380657
`
`Filing date:
`
`08/29/2024
`
`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
`
`STEPHANE G. LEMAGNEN G.
`
`Individual
`
`124 LUDLOW STREET
`NEW YORK, NY 10002
`UNITED STATES
`
`Incorporated or
`registered in
`
`UNITED STATES
`
`HAMUTAL G. LIEBERMAN
`HELBRAUN & LEVEY LLP
`40 FULTON ST., 28 FL.
`NEW YORK, NY 10038
`UNITED STATES
`Primary email: hamutal.lieberman@helbraunlevey.com
`Secondary email(s): tm@helbraunlevey.com
`2122191193
`
`Registration subject to cancellation
`
`Registration no.
`
`4635067
`
`Registration date
`
`11/11/2014
`
`Register
`
`Registrant
`
`Principal
`
`MOMOIP LLC
`104 WEST 27TH STREET, 9TH FLOOR
`NEW YORK, NY 10001
`UNITED STATES
`
`Goods/services subject to cancellation
`
`Class 043. First Use: Mar 9, 2008 First Use In Commerce: Mar 9, 2008
`All goods and services in the class are subject to cancellation, namely: Bar services; Restaurant ser-
`vices, including sit-down service of food and take-out restaurant services
`
`Grounds for cancellation
`
`Abandonment
`
`Trademark Act Section 14(3)
`
`Attachments
`
`2024.08.29 KO Trademark Cancellation Petition_FINAL.pdf(141678 bytes )
`
`Signature
`
`/Hamutal G. Lieberman/
`
`Name
`
`Date
`
`Hamutal G. Lieberman
`
`08/29/2024
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` STEPHANE LEMAGNEN,
`
`
`
`
`
`
`
`
`
`
`
`
`MOMOIP LLC,
`
`
`
`
`
`
`
`v.
`
`
`
`
`
`
`
`
`
`Respondent.
`
`
`
`
`
`Petitioner,
`
`
`
`
`
`
`
` Cancellation No.
`
` Mark: KO
`
`
`
` Registration No: 4635067
`
`
` Class: 43
`
`
`
`
`
`PETITION FOR CANCELLATION
`
`
`STEPHANE LEMAGNEN, an individual (“Petitioner”), having his address at 124 Ludlow
`
`Street, New York, New York 10002, is seeking cancellation of the trademark registered under
`
`Registration No. 4635067 in connection with Class 43, for restaurant and bar services (the
`
`“Registration”).
`
`Petitioner seeks the cancellation of the Registration under 15 U.S.C. § 1064 (3) on the
`
`grounds that the Registration has been abandoned due to non-use by Respondent MOMOIP LLC
`
`(“Respondent”). In support, Petitioner alleges as follows:
`
`1.
`
`Respondent is a Delaware registered Limited Liability Company, whose address is
`
`104 West 27th Street, 9th Floor, New York, New York 10001, that owned and operated the
`
`restaurant named Momofuku Ko, which used the trademark under the Registration.
`
`2.
`
`Respondent filed its application for the Registration on August 1, 2012, and the
`
`trademark, consisting of the fanciful depiction of a peach and the word “KO”, was registered on
`
`November 11, 2014.
`
`3.
`
`Respondent’s mark was registered in Class 43 in connection with “Bar services,
`
`Restaurant services, including sit-down service of food and take-out restaurant services.”
`
`
`
`1
`
`

`

`4.
`
`Petitioner is a principal of 375 Ventures LLC, which operates K.O. Burger in New
`
`York City, a hamburger restaurant, in connection with the trademark KO BURGER
`
`(“Trademark”) (bearing Serial No. 97512110).
`
`5.
`
`Petitioner applied for the Trademark on July 20, 2022 in connection with Class 43,
`
`Restaurant services.
`
`6.
`
`Upon information and belief, Respondent has abandoned its Registration due to its
`
`failure to continuously use the trademark in connection with the registered services.
`
`7.
`
`Momofuku Ko, the restaurant owned by Respondent and which the Registration
`
`was utilized, closed in or around November 4, 2023.1
`
`8.
`
`Upon information and belief, Respondent has not opened any other restaurant
`
`locations utilizing the Registration and therefore there is no continuous use by Respondent which
`
`is required in order to maintain Respondent’s Registration.
`
`9.
`
`As a result, Respondent has abandoned its Registration based upon non-use since
`
`in or around November 2023 and has failed to continuously use the trademark which is the subject
`
`of the Registration.
`
`10.
`
`Respondent’s Section 8 and 9 maintenance documents are due November 12, 2024.
`
`11.
`
`Despite receiving a courtesy reminder from the UPSTO on November 11, 2023
`
`regarding the Section 8 and 9 filing due date, Respondent has not filed maintenance documents to
`
`date, presumably because it cannot because the mark is not in use.
`
`12.
`
`In light of the public disclosure that Momofuku Ko permanently closed on
`
`November 4, 2023, Respondent will not be able to the appropriate file maintenance documents
`
`demonstrating that the mark is in use in commerce.
`
`
`1 See https://ny.eater.com/2023/10/24/23930301/momofuku-ko-closing-david-chang.
`
`
`
`2
`
`

`

`13.
`
`Petitioner has standing and thus has commenced this proceeding to formally cancel
`
`the Registration pursuant to 15 U.S.C. § 1064 (3).
`
`14.
`
`Further, Petitioner requests that upon the cancellation of the Registration,
`
`Petitioner’s Trademark application for the KO BURGER mark be registered.
`
`15.
`
`Based on the foregoing, Petitioner requests the Registration be cancelled, and that
`
`its Trademark proceed to publication.
`
`
`
`Dated: August 29, 2024
`
`
`
`
`
`HELBRAUN & LEVEY LLP
`
`By: _s/ Hamutal G. Lieberman________________
`Hamutal G. Lieberman, Esq.
`Attorney for Petitioner
`40 Fulton Street, 28th Fl.
`New York, NY 10038
`Tel: (212) 219-1193
`Hamutal.lieberman@helbraunlevey.com
`
`
`
`
`3
`
`

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