throbber
ESTTA Tracking number:
`
`ESTTA1392580
`
`Filing date:
`
`10/29/2024
`
`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
`
`Pastrana & Garcia
`
`Partnership
`
`Incorporated or
`registered in
`
`Texas
`
`Composed of:
`
`Cristina Garcia-Chappell (US) Raul Steven Pastrana (US)
`
`Address
`
`305 N. HEATHERWILDE BLVD. SUITE 240
`PLFUGERVILLE, TX 78660
`UNITED STATES
`
`Attorney informa-
`tion
`
`RYAN T BEARD
`PIERSON FERDINAND LLP
`2021 GUADALUPE STREET, SUITE 260
`AUSTIN, TX 78705
`UNITED STATES
`Primary email: ryan.beard@pierferd.com
`Secondary email(s): ipdocketing@pierferd.com
`5125772673
`
`Docket no.
`
`Registration subject to cancellation
`
`Registration no.
`
`7350828
`
`Registration date
`
`04/09/2024
`
`Register
`
`Registrant
`
`Principal
`
`Alonso, Vanessa
`806 S ZARZAMORA ST.
`SAN ANTONIO, TX 78207
`UNITED STATES
`
`Goods/services subject to cancellation
`
`Class 045. First Use: Mar 4, 2022 First Use In Commerce: Mar 4, 2022
`All goods and services in the class are subject to cancellation, namely: legal services in the field of
`immigration, personal injury, and criminal defense
`
`Grounds for cancellation
`
`Priority and likelihood of confusion
`
`Trademark Act Sections 14(1) and 2(d)
`
`Mark cited by petitioner as basis for cancellation
`
`U.S. application
`no.
`
`98421596
`
`Application date
`
`02/26/2024
`
`

`

`Register
`
`Principal
`
`Registration date
`
`NONE
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`LA MERA MERA ABOGADA
`
`NONE
`
`Class 045. First use: First Use: Jun 1, 2021 First Use In Commerce: Jun 29,
`2021
`Attorney services; Attorney services, namely, representation of clients in person-
`al injury cases, car accidents, 18-wheeler accidents, construction accidents,
`drunk driving accidents, and workplace accidents
`
`Attachments
`
`98421596#TMSN.png( bytes )
`LA MERA MERA Petition.pdf(86348 bytes )
`
`Signature
`
`Name
`
`Date
`
`/Ryan T. Beard/
`
`Ryan T. Beard
`
`10/29/2024
`
`

`

`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`In re Registration No. 7350828
`Mark: LA MERA MERA
`Issued: April 9, 2024
`
`Pastrana & Garcia,
`
`Petitioner,
`
`v.
`
`Vanessa Alonso,
`
`Registrant.
`
`
`
`
`
`
`
`Cancellation No._______________
`
`
`
`
`PETITION FOR CANCELLATION
`
`1. Pastrana & Garcia, a company with a business address of 305 N. Heatherwilde Blvd., Suite
`
`240, Pflugerville, Texas 78660 (“Petitioner”) is the owner of all rights in and to the mark
`
`“LA MERA MERA ABOGADA” (the “Petitioner’s Mark”).
`
`2. Petitioner’s Mark has been used in commerce since at least June 29, 2021.
`
`3. Petitioner’s Mark has been used in commerce for the following goods and services:
`
`“Attorney services; Attorney services, namely, representation of clients in personal injury
`
`cases, car accidents, 18-wheeler accidents, construction accidents, drunk driving accidents,
`
`and workplace accidents.”
`
`4. Petitioner has had a pending application for registration of Petitioner’s Mark (US Serial
`
`No. 98421596) since February 26, 2024.
`
`5. Vanessa Alonso is an individual with an address of 806 S Zarzamora St., San Antonio,
`
`Texas 78207 (“Registrant”).
`
`6. Registrant alleges that she is the owner of the mark “LA MERA MERA” (“Registrant’s
`
`
`
`
`
`
`

`

`
`
`Mark”), which was registered by her as US Registration No. 7350828 on April 9, 2024.
`
`7. Registrant alleges that she has used Registrant’s Mark for “legal services in the field of
`
`immigration, personal injury, and criminal defense” since at least March 4. 2022.
`
`8. Petitioner’s use of Petitioner’s Mark has priority over Registrant’s use of Registrant’s Mark
`
`given the first use dates in commerce.
`
`9. There is a likelihood of confusion between Petitioner’s use of Petitioner’s Mark and
`
`Registrant’s use of Registrant’s Mark.
`
`10. Registrant’s Mark was cited against Petitioner’s Mark during prosecution of Petitioner’s
`
`application for registration.
`
`11. Petitioner therefore seeks cancellation of Registrant’s US registration for Registrant’s Mark
`
`so that Petitioner’s application for Petitioner’s Mark can be registered.
`
`
`
`Respectfully submitted,
`
`
`/s/ Ryan T. Beard
`Ryan T. Beard
`PIERSON FERDINAND
`2021 Guadalupe Street, Suit 260
`Austin, Texas 78702
`512-577-2673
`ryan.beard@pierferd.com
`
`Counsel for Petitioner
`Pastrana & Garcia
`
`
`
`
`
`Dated: October 29, 2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`

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