Post on 06-Jul-2020
Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
ESTTA Tracking number: ESTTA910492
Filing date: 07/19/2018
IN THE UNITED STATES PATENT AND TRADEMARK OFFICEBEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
Notice of Opposition
Notice is hereby given that the following party opposes registration of the indicated application.
Opposer Information
Name Sisco Textiles N.V.
Granted to Dateof previous ex-tension
07/21/2018
Address Kaya W.F.G. (Jombi), Mensing 14Willemstad, 0CURAÃ#AO
Attorney informa-tion
ROCHELLE D ALPERTMorgan, Lewis & Bockius LLPOne Market, Spear Street Tower, 5th Fl.SAN FRANCISCO, CA 94105UNITED STATESEmail: rochelle.alpert@morganlewis.com, sftrademarks@morganlewis.com,seth.rappaport@morganlewis.com, sharon.smith@morganlewis.com,yelena.lolua@morganlewis.comPhone: 415-442-1326
Applicant Information
Application No 87516423 Publication date 05/22/2018
Opposition FilingDate
07/19/2018 Opposition Peri-od Ends
07/21/2018
Applicant Technical Knockout, Inc.4660 Pine Timbers, Suite 198Houston, TX 77041UNITED STATES
Goods/Services Affected by Opposition
Class 009. First Use: 0 First Use In Commerce: 0All goods and services in the class are opposed, namely: Protective boxing helmets; sunglasses;scales, scales with body mass analyzers;bathroom scales; body fat scales for household use; digitalbathroom scales; weighing scales; weighing equipment, namely, scales and balances; headphones,earbuds, wireless headsets for use with mobile telephones, armbands specifically adapted for per-sonal electronic devices, namely, mobile telephones and MP3 players;electronic publications,namely, exercise manuals and product manuals concerning health, fitness and exercise, all recordedon computer media; mouth guards forathletic use; head guards for sports
Class 018. First Use: 0 First Use In Commerce: 0All goods and services in the class are opposed, namely: Luggage; all purpose sports bags, back-packs and waistpacks
Class 025. First Use: 0 First Use In Commerce: 0All goods and services in the class are opposed, namely: Athletic and exercise sportswear, namely,men's, women's, and children's swimwear, jeans, leather jackets, and collaredsports shirts; Activewear for men and women, namely, boxer shorts, bicycle shorts, gym shorts, pants, pullovers,
shortsleeve shirts, sweatshirts, sweat shorts, sweat pants, sweat suits, t-shirts, tank tops, warm-upsuits; Athletic footwear and headwear
Grounds for Opposition
Priority and likelihood of confusion Trademark Act Section 2(d)
Marks Cited by Opposer as Basis for Opposition
U.S. RegistrationNo.
2204582 Application Date 11/13/1995
Registration Date 11/17/1998 Foreign PriorityDate
NONE
Word Mark O'NEILL
Design Mark
Description ofMark
The mark consists, in part, of a wave of water above the stylized wording of"O'NEILL".
Goods/Services Class 018. First use: First Use: 1997/01/01 First Use In Commerce: 1997/01/01
athletic bags, backpacks and wallets
Class 025. First use: First Use: 1997/01/01 First Use In Commerce: 1997/01/01
wetsuits, hoods for water sports, wearing apparel, namely, shirts, pants, shorts,jackets, hats, caps and skiwear, namely, pants, jackets [, and gloves ]
U.S. RegistrationNo.
4348476 Application Date 08/19/2011
Registration Date 06/11/2013 Foreign PriorityDate
08/09/2011
Word Mark NONE
Design Mark
Description ofMark
The mark consists of a design of a man on a surfboard with both arms raised upwithin two stylized waves.
Goods/Services Class 003. First use: First Use: 0 First Use In Commerce: 0
Substances for laundry use, namely, laundry detergent and laundry soap; clean-ing, polishing, scouring and abrasive preparations; perfumery; essential oils;cosmetics; dentifrices; cosmetic suntan oils and cosmetic suntan creams
Class 009. First use: First Use: 0 First Use In Commerce: 0
Apparatus for recording, transmitting and or reproduction of sound or images;magnetic recording media, namely, video cassettes, audio CDs, CD-ROMs, CD-Is, laser, optical disks and CDs for photographs featuring information regardingsporting events; sound recording disks featuring information regarding sportingevents; automatic vending machines and mechanisms for coin-operated appar-atus; cash registers, calculating machines, data processing and computer equip-ment; fire-extinguishers; sunglasses; spectacles; spectacle frames and ac-cessories, namely, lenses for sunglasses, spectacle cords and cases; divingsuits; diving goggles and masks for underwater sports; underwater breathing ap-paratus;protective clothing for aquatic pursuits, namely, diving suits; protectivehelmets; gloves for protection against accidents; diving gloves; emergency life-saving and teaching apparatus, namely, lifejackets
Class 014. First use: First Use: 0 First Use In Commerce: 0
Precious metals and their alloys and goods in precious metals or coated there-with, namely, watches and key rings; jewelry; precious stones; horological andchronometric instruments; clocks, watches
Class 016. First use: First Use: 0 First Use In Commerce: 0
Paper and goods made from paper, namely, stickers; bookbinding material; pho-tographs; stationery; adhesives for stationery or household purposes; paintbrushes; plastic materials for packaging, namely, plastic bags; printers' type;printing blocks; books in the field of surfing,watersports and skiing; newspapers;time planners; calendars; posters; writing pads; note books; pencils; pens; pencases; printed matter, namely, advertising materials
Class 018. First use: First Use: 0 First Use In Commerce: 0
Leather and imitation leather and goodsmade thereof, namely, luggage, hand-bags, purses, and wallets; bags, namely, backpacks, duffel bags, fanny packs,athletic bags, shoulder bags, handbags, book bags and shopping bags of leath-
er, imitation leather and textile; suitcases; travel bags; sports bags; beach bags;bananapouches; rucksacks; umbrellas and parasols; pocket wallets and purses;animal skins and hides; trunks; walking sticks; whips and saddlery
Class 025. First use: First Use: 0 First Use In Commerce: 0
Clothing, namely, shirts, t-shirts, pants, jackets, skirts, shorts, board shorts,swimwear, swimming trunks, swimsuits,sweatshirts, sweaters, socks, scarves;footwear; snow boots; sports shoes; leisure shoes; booties for water sports; ori-ental slippers; slippers; sandals; headgear, namely, hoods, caps, cap peaks andhats; skiwear, namely, coats, jackets, pants, gloves and boots; wetsuits, drysuits, wetsuit boots and gloves for surfing, windsurfing and water skiing, as wel-las for other water sports; rash guards
Class 028. First use: First Use: 0 First Use In Commerce: 0
Surfboards and accessories therefor, namely, sails, sail battens, tensioning ap-paratus for sails, sail bags designed for surfboard sails and surfboards, mastsand mast feet for sailboards, booms for sailboards, surfboard leeboards, surf-boards leashes, surfboard fins and bags forsurfboard fins, trapezes for sail-boards, trapeze hooks for sailboards, trapeze lines for sailboards, trapeze clipsfor sailboards, transport bags for surfboards, surfboard bags
Class 035. First use: First Use: 0 First Use In Commerce: 0
Retail store services and computerized on-line ordering services featuring cloth-ing, such as sports and leisure clothing, and equipment for use in water sports,such as surfing; marketing and advertising; business management in support ofthe commercialization of products and services within the framework of "e-commerce"; administrative handling of electronically placed orders; business in-termediary services in trade products, also within the framework of servicesrendered by wholesale companies; logistic consultancy and planning relating tobusiness organization; project development for business organization; businessmanagement consultancy; publicity and sales promotion; organization of exhibi-tions, fairs and other events for commercial or publicity purposes
U.S. RegistrationNo.
4085739 Application Date 02/19/2010
Registration Date 01/17/2012 Foreign PriorityDate
08/20/2009
Word Mark NONE
Design Mark
Description ofMark
The mark consists of a stylized depiction of a wave.
Goods/Services Class 003. First use: First Use: 0 First Use In Commerce: 0
Substances for laundry use, namely, laundry detergent; cleaning, polishing,scouring and abrasive preparations; [ soaps; perfumery; essential oils; cosmet-ics; dentifrices; sun tanning oils and sun tanning creams ]
Class 009. First use: First Use: 0 First Use In Commerce: 0
[ Apparatus for recording, transmittingand or reproduction of sound or images;]magnetic recording media, namely, video cassettes, audio CDs, CD-ROMs, CD-Is,laser, optical disks and CDs for photographs featuring information regarding
sporting events; sound recording disks featuring information regarding sportingevents; [ automatic vending machines and mechanisms for coin-operated appar-atus; cash registers, calculating machines; fire-extinguishers; ] sunglasses;spectacles, spectacle frames and accessories, namely, lenses for sunglasses,spectacle cords and cases; diving suits; [ diving goggles and masks for under-water sports; ]survival suits, namely, insulated overall wet suits and dry suits fordiving and underwater swimming; [ underwater breathing apparatus; ] protectiveclothing for aquatic pursuits, namely, diving suits; protective helmets; gloves forprotection against accidents; diving gloves; emergency life-saving and teachingapparatus, namely, lifejackets
Class 014. First use: First Use: 0 First Use In Commerce: 0
Precious metals and their alloys and goods in precious metals or coated there-with, namely, jewelry, [ watches ] and keyrings; jewelry; [ precious stones; horo-logical and chronometric instruments; clocks, watches ]
Class 016. First use: First Use: 0 First Use In Commerce: 0
Paper, cardboard and goods made from these materials, namely, stickers; book-binding material; photographs; [ stationery; ] adhesives for stationery or house-hold purposes; [ paint brushes; ] plastic materials for packaging, namely, plasticbags; [ printers' type; ] printing blocks; books in the field of surfing, watersportsand skiing; [ newspapers; day planners; calendars; ] posters; [ writing pads; notebooks; pencils; pens; pen cases]
Class 018. First use: First Use: 0 First Use In Commerce: 0
Leather and imitation leather and goodsmade thereof, namely, luggage, suit-cases, travel bags, shoulder bags, handbags,purses, wallets; bags, namely,backpacks, rucksacks, duffle bags, fanny packs, athletic bags, shoulder bags,handbags, book bags, shopping bags of leather, imitation leather and textile;suitcases; travel bags; sports bags; beach bags; fanny packs; rucksacks [ andshopping bags ] made of leather [ and canvas; umbrellas and parasols; ] pocketwallets and purses; [ animal skins and hides; ] trunks;[ walking sticks; whips andsaddlery ]
Class 025. First use: First Use: 0 First Use In Commerce: 0
Clothing, namely, shirts, t-shirts, pants, jackets, skirts, shorts, board shorts,swimwear, swimming trunks, swimsuits,sweatshirts, sweaters, socks, scarves;belts; footwear; snow boots; sports shoes; leisure shoes; booties for watersports; oriental slippers; slippers; sandals; headgear, namely, hoods, caps, cappeaks and hats; sports and leisure wear, namely, wetsuits, dry suits, gloves,wetsuit boots, and skiwear, namely, coats, jackets, pants, gloves and boots;clothingfor surfing, windsurfing and water skiing, namely, wetsuits, dry suits,wetsuitboots and gloves; rash guards
Class 028. First use: First Use: 0 First Use In Commerce: 0
Surfboards and accessories therefor, namely, [ sails, sail battens, tensioning ap-paratus for sails, sail bags designed for surfboard sails and surfboards, masts,mast feet, booms, ] fins, [ fin cases, trapezes, surfboard leeboards, ] surfboardleashes, [ trapeze hooks, trapeze lines, trapeze clips, transport bags especiallydesigned for surfboards and surfboard bags designed for surfboard sails andsurfboards; Games and playthings, namely, playing cards ]
Class 035. First use: First Use: 0 First Use In Commerce: 0
Retail store services and computerized on-line ordering services featuring cloth-ing, such as sports and leisure clothing, and equipment for use in water sports,such as surfing; marketing and advertising; business management in support ofthe commercialization of products and services within the framework of "e-commerce"; administrative handling of electronically placed orders; business in-termediary services in trade products, also within the framework of servicesrendered by wholesale companies; logistic consultancy and planning relating tobusiness organization; project development for business organization; businessmanagement consultancy; publicity and sales promotion; organization of exhibi-
tions, fairs and other events for commercial or publicity purposes
U.S. Application/ Registra-tion No.
NONE Application Date NONE
Registration Date NONE
Word Mark Wave Design Marks as set forth in the attached Notice of Opposition.
Goods/Services As specified in the attached Notice of Opposition.
Attachments 75977757#TMSN.png( bytes )79109078#TMSN.png( bytes )79090990#TMSN.png( bytes )Notice of Opposition and Exs. A-C.pdf(688104 bytes )
Signature /RDA/
Name ROCHELLE D ALPERT
Date 07/19/2018
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
In the matter of Application Serial No. 87/516,423 Filed July 5, 2017
Published in Official Gazette May 22, 2018 for a stylized “T”
Sisco Textiles N.V.
Opposer, v. Technical Knockout, Inc.
Applicant.
Opposition No.:
NOTICE OF OPPOSITION
Sisco Textiles N.V., a Curaçao corporation, having its principal place of business at Kaya
W.F.G. (Jombi), Mensing 14, Willemstad, Curaçao, believes that it will be damaged by the
application filed by Technical Knockout, Inc. (“Applicant”) to register the so-called stylized “T”
designation (shown below), Serial No. 87/516,423, for the goods identified in International
Classes 9, 18 and 25 and hereby opposes the same.
As grounds for the opposition, Opposer alleges as follows:
Opposer’s Trademark Rights
1. Opposer Sisco Textiles N.V., directly and through its predecessors and licensees
in interest (collectively, “Opposer”), has developed, marketed and sold apparel, swimwear,
2
wetsuits and other athletic gear, accessories and footwear, and sponsored athletic events,
including surfing events, under distinctive wave designs.
2. Opposer owns and has long used in interstate and foreign commerce, wave design
marks (collectively “Wave Design Marks”), in connection with apparel, swimwear, wetsuits,
athletic gear, footwear and/or retail store services, and online retail store services featuring such
goods and services. Opposer has been using the Wave Design Marks in the United States for
decades for these goods and services. Opposer also has long used the Wave Design Marks in
connection with surfing, athletic and other sporting and entertainment events. Variations of
Opposer’s Wave Design Marks include the following:
3. Opposer has expended substantial time, effort and money marketing and
promoting the products and services it offers under the Wave Design Marks, including for
apparel, athletic gear, and footwear, and retail and online retail services.
4. Products offered under Opposer’s Wave Design Marks are widely distributed,
sold and promoted in the United States. Further, Opposer uses the Wave Design Marks for its
retail store services and its online retail store services, including on www.oneill.com, and on its
social networking sites, its website and its blog.
5. Opposer’s Wave Design Marks symbolize the extensive goodwill and consumer
recognition that Opposer has established through substantial expenditures of time, effort and
other resources in advertising and promoting the goods and services Opposer offers and provides
under the Wave Design Marks.
3
6. Opposer’s Wave Design Marks have become distinctive and exclusively
associated with Opposer, and its quality products and services.
7. Opposer owns a valid, subsisting, uncancelled and unrevoked federal trademark
registration for its O’NEILL and wave design mark, Registration No. 2,204,582, for “athletic
bags, backpacks and wallets” in International Class 18 and “wetsuits, hoods for water sports,
wearing apparel, namely, shirts, pants, shorts, jackets, hats, caps and skiwear, namely, pants,
jackets” in International Class 25. Opposer’s O’NEILL and wave design mark was first used in
commerce at least as early as January 1, 1997, registered on November 17, 1998, and became
incontestable through its use for over five consecutive years and the filing, acceptance and
acknowledgement of its Section 8 and 15 affidavits. A true and correct copy of the TSDR and
Assignment Status printout for this mark from the USPTO website is attached hereto as
Exhibit A.
8. Opposer owns a valid, subsisting, uncancelled and unrevoked federal trademark
registration for a wave design mark, Registration No. 4,348,476, which was filed on August 19,
2011 and registered on June 11, 2013 for a variety of products and services, specifically
swimwear, shirts, hats, jackets, sweatshirts and footwear. A true and correct copy of the TSDR
and Assignment Status printout for this mark from the USPTO website is attached hereto as
Exhibit B.
9. Opposer owns a valid, subsisting, uncancelled and unrevoked federal trademark
registration for a wave design mark, Registration No. 4,085,739, which was filed on February 19,
2010 and registered on January 17, 2012, for products and services, specifically sunglasses,
luggage, backpacks, swimwear, shirts, hats, jackets, sweatshirts and footwear. A true and correct
copy of the TSDR and Assignment Status printout for this mark from the USPTO website is
4
attached hereto as Exhibit C.
Applicant’s Trademark Application
10. On July 5, 2017, well after Opposer commenced use and/or obtained registrations
for variations of the Wave Design Marks in the United States, Applicant filed an application for
the opposed designation, Serial No. 87/516,423, with the design showing a stylized wave design
that Applicant identifies as a stylized letter “T”. The opposed application covers “Protective
boxing helmets; sunglasses; scales, scales with body mass analyzers; bathroom scales; body fat
scales for household use; digital bathroom scales; weighing scales; weighing equipment, namely,
scales and balances; headphones, earbuds, wireless headsets for use with mobile telephones,
armbands specifically adapted for personal electronic devices, namely, mobile telephones and
MP3 players; electronic publications, namely, exercise manuals and product manuals concerning
health, fitness and exercise, all recorded on computer media; mouth guards for athletic use; head
guards for sports” in Class 9, “Luggage; all purpose sports bags, backpacks and waistpacks” in
Class 18, and “Athletic and exercise sportswear, namely, men's, women's, and children's
swimwear, jeans, leather jackets, and collared sports shirts; Active wear for men and women,
namely, boxer shorts, bicycle shorts, gym shorts, pants, pullovers, short sleeve shirts, sweatshirts,
sweat shorts, sweat pants, sweat suits, t-shirts, tank tops, warm-up suits; Athletic footwear and
headwear” in Class 25, along with goods and services in Classes 5, 16, 21, 27, 28, 32, 41 and 44.
The opposed application is comprised of a stylized wave design that is highly similar to
Opposer’s well-known and distinctive wave designs without authorization from Opposer.
11. This application was filed decades after Opposer commenced use of the Wave
Design Marks for a wide range of products and services, including but not limited to, the same
types of products on which Applicant intends to use its applied-for designation, as well as retail
5
services related to the products on which Applicant intends to use its applied-for designation.
The Opposed Application was filed well after certain of the Wave Design Marks had been
federally registered and/or well after Opposer commenced use and developed considerable
goodwill and recognition for the Wave Design Marks.
12. Based on the goods for which Applicant seeks to register the applied-for
designation, Applicant’s goods will be competitive with or directly related to the products and
services Opposer has long offered and sold under the Wave Design Marks.
13. On information and belief, based on the goods for which Applicant seeks to
register the applied-for designation, the goods Applicant intends to offer under the applied-for
designation will be sold and/or are likely to be sold or offered for sale through the same or
overlapping channels of trade and/or in the same geographic locations, will be used and/or are
likely to be used by the same or overlapping end users, and will be used and/or are likely to be
directed to the same or overlapping type of customers to whom Opposer markets, promotes and
sells its products and services under the Wave Design Marks.
14. Applicant’s opposed, applied-for designation featuring a wave design, is similar
in sight and overall commercial impression to Opposer’s Wave Design Marks, which suggests an
affiliation, association or sponsorship between Applicant and Opposer when there is none, and
creates a likelihood of consumer confusion.
FIRST CAUSE OF ACTION (Likelihood of Confusion)
15. Opposer incorporates by reference and re-alleges as though fully set forth herein
the allegations of paragraphs 1 through 14 of this Notice of Opposition.
16. The products set forth in the opposed application in Classes 9, 18 and 25 on their
face overlap with and are directly related to the products and services Opposer has offered and
6
provided using the Wave Design Marks. Further, on information and belief, the products listed
in the application in Classes 9, 18 and 25 will be sold and/or are likely to be sold or offered for
sale through the same or overlapping channels of trade and/or in the same geographic locations,
will be used and/or are likely to be used by the same or overlapping users, and will be used
and/or are likely to be directed to the same or overlapping type of customers to whom Opposer
markets, promotes and sells its products and offers its services using the Wave Design Marks.
17. The opposed, applied-for designation is substantially similar in terms of sight, and
overall commercial impression to Opposer’s Wave Design Marks, and thereby is confusingly
similar to Opposer’s Wave Design Marks.
18. The designation covered by the opposed application is likely to cause confusion,
or to cause mistake or disparage or deceive by falsely suggesting a connection with Opposer and
the products and services for which Opposer uses the Wave Design Marks, when there is no such
connection.
19. Opposer believes it will be damaged by registration of the applied-for designation
for the goods identified in Classes 9, 18 and 25 in violation of Sections 2(d) of the Lanham Act,
15 U.S.C. § 1052(d). Unless Applicant’s application is denied for the goods in these classes,
Applicant will unjustifiably reap the benefits of the goodwill attached to Opposer, the Wave
Design Marks and the products and services for which the Wave Design Marks are used, and
Opposer will suffer irreparable damage and injury as a result of the confusion that is likely to
arise from the registration of the opposed application.
WHEREFORE, Opposer prays that Application Serial No. 87/516,423 be rejected for the
goods identified in Classes 9, 18 and 25, that no registration be issued thereon to Applicant for
such goods, and that this opposition be sustained in favor of Opposer.
7
Date: July 19, 2018 Respectfully submitted,
By: /s/ Rochelle D. Alpert Rochelle D. Alpert Attorney for Opposer, Sisco Textiles N.V. Rochelle D. Alpert Sharon R. Smith Seth A. Rappaport Morgan, Lewis & Bockius, LLP One Market, Spear Street Tower San Francisco, CA 94105 Telephone: (415) 442-1326 Facsimile: (415) 442-1001 Email: rochelle.alpert@morganlewis.com
sharon.smith@morganlewis.com seth.rappaport@morganlewis.com
EXHIBIT A
STATUS DOCUMENTS MAINTENANCE Back to Search Print
TSDR now includes a Post Registration Maintenance Tab. When viewing a Registered mark, users will now find a new 3rd tab providing Post Registration information next to the "Status" and "Document" tabs, below the search text box. The tab will not appear if the mark is not registered.
Generated on: This page was generated by TSDR on 2018-07-19 12:51:15 EDT
Mark: O'NEILL
US Serial Number: 75977757 Application Filing Date: Nov.
US Registration Number: 2204582 Registration Date: Nov.
Register: Principal
Mark Type: Trademark
TM5 Common Status Descriptor:
LIVE/REGISTRATION/Issued and Active
The trademark application has been registe
Status: The registration has been renewed.
Status Date: Mar. 23, 2009
Publication Date: Aug. 06, 1996 Notice of Allowance Date: Feb.
Mark Information
Related Properties Information
Goods and Services
Mark Literal Elements: O'NEILL
Standard Character Claim: No
Mark Drawing Type: 3 - AN ILLUSTRATION DRAWING WHICH INCLUDES WORD(S)/ LETTER(S)/NUMBER(
Description of Mark: The mark consists, in part, of a wave of water above the stylized wording of "O'NEILL".
Design Search Code(s): 01.15.13 - Waves, single; Ripple (single wave)
Claimed Ownership of US Registrations:
1069298, 1183040, 1339268, 1367364, 1737412 and others
Child Of: 75019110
7/19/2018http://tsdr.uspto.gov/
Page 1 of 3Trademark Status & Document Retrieval
Basis Information (Case Level)
Current Owner(s) Information
Attorney/Correspondence Information
Note:The following symbols indicate that the registrant/owner has amended the goods/services:
• Brackets [..] indicate deleted goods/services;• Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and• Asterisks *..* identify additional (new) wording in the goods/services.
For: athletic bags, backpacks and wallets
International Class(es): 018 - Primary Class U.S Class(es): 001,
Class Status: ACTIVE
Basis: 1(a)
First Use: Jan. 01, 1997 Use in Commerce: Jan.
For: wetsuits, hoods for water sports, wearing apparel, namely, shirts, pants, shorts, jackets, haand gloves ]
International Class(es): 025 - Primary Class U.S Class(es): 022,
Class Status: ACTIVE
Basis: 1(a)
First Use: Jan. 01, 1997 Use in Commerce: Jan.
Filed Use: No Currently Use: Yes
Filed ITU: Yes Currently ITU: No
Filed 44D: No Currently 44D: No
Filed 44E: No Currently 44E: No
Filed 66A: No Currently 66A: No
Filed No Basis: No Currently No Basis: No
Owner Name: SISCO TEXTILES NV
Owner Address: Kaya W.F.G. (Jombi) Mensing 14Willemstad CURACAO
Legal Entity Type: CORPORATION State or Country Where Organized:
No P
Attorney of Record
Attorney Name: Rochelle D. Alpert Docket Number: 0677
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Page 2 of 3Trademark Status & Document Retrieval
Prosecution History
Maintenance Filings or Post Registration Information
TM Staff and Location Information
Assignment Abstract Of Title Information - Click to Load
Attorney Primary Email Address:
ralpert@morganlewis.com Attorney Email Authorized: Yes
Correspondent
Correspondent Name/Address:
Rochelle D. AlpertMorgan, Lewis & Bockius LLPOne Market, Spear Street TowerSan Francisco, CALIFORNIA UNITED STATES 94105
Phone: 415-442-1326 Fax: 415-4
Correspondent e-mail: ralpert@morganlewis.com Correspondent e-mail Authorized:
Yes
Domestic Representative - Not Found
Affidavit of Continued Use: Section 8 - Accepted
Affidavit of Incontestability: Section 15 - Accepted
Renewal Date: Nov. 17, 2008
TM Staff Information - None
File Location
Current Location: POST REGISTRATION Date in Location: Mar.
Proceedings - Click to Load
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Page 3 of 3Trademark Status & Document Retrieval
United States Patent and Trademark Office Home|Site Index|Search|Guides|Contacts|eBusiness|eBiz
alerts|News|Help
Assignments on the Web > Trademark Query
Trademark Assignment Abstract of Title
Total Assignments: 1
Serial #: 75977757 Filing Dt: 11/13/1995 Reg #: 2204582 Reg. Dt: 11/17/1998
Registrant: O'NEILL, INC.
Mark: O'NEILL
Assignment: 1
Reel/Frame: 3858/0890 Recorded: 09/24/2008 Pages: 55
Conveyance: ASSIGNS THE ENTIRE INTEREST
Assignor: O'NEILL, INC. Exec Dt: 07/06/2007
Entity Type: CORPORATION
Citizenship: NONE
Assignee: SISCO TEXTILES NV
KAYA W.F.G. (JOMBI), MENSING 14, WILLEMSTAD
CURACO, NETHERLANDS ANTILLES
Entity Type: CORPORATION
Citizenship: NONE
Correspondent: DIANE MASON/MORGAN, LEWIS & BOCKIUS LLP
ONE MARKET, SPEAR STREET TOWER
SAN FRANCISCO, CA 94105
Domestic rep: DIANE J. MASON
ONE MARKET STREET, SPEAR STREET TOWER
MORGAN, LEWIS & BOCKIUS LLP
SAN FRANCISCO, CA 94105
Search Results as of: 07/19/2018 12:51 PMIf you have any comments or questions concerning the data displayed, contact PRD / Assignments at 571-272-3350 . v.2.6
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EXHIBIT B
STATUS DOCUMENTS MAINTENANCE Back to Search Print
TSDR now includes a Post Registration Maintenance Tab. When viewing a Registered mark, users will now find a new 3rd tab providing Post Registration information next to the "Status" and "Document" tabs, below the search text box. The tab will not appear if the mark is not registered.
Generated on: This page was generated by TSDR on 2018-07-19 12:52:34 EDT
Mark:
US Serial Number: 79109078 Application Filing Date: Aug.
US Registration Number: 4348476 Registration Date: Jun.
Register: Principal
Mark Type: Trademark, Service Mark
TM5 Common Status Descriptor:
LIVE/REGISTRATION/Issued and Active
The trademark application has been registe
Status: Registered. The registration date is used to determine when post-registration maintenance
Status Date: Jun. 11, 2013
Publication Date: Mar. 26, 2013
Mark Information
Mark Literal Elements: None
Standard Character Claim: No
Mark Drawing Type: 2 - AN ILLUSTRATION DRAWING WITHOUT ANY WORDS(S)/ LETTER(S)/NUMBER(S)
Description of Mark: The mark consists of a design of a man on a surfboard with both arms raised up within two
Color(s) Claimed: Color is not claimed as a feature of the mark.
Design Search Code(s): 02.01.32 - Astronauts (men); Monocles (men wearing); Men, other, including frogmen, memonocles; Frogmen 02.09.19 - Diving, humans; Humans, including men, women and children, depicted playinggames or sports, humans
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Page 1 of 5Trademark Status & Document Retrieval
Related Properties Information
Goods and Services
06.03.03 - Ripples (multiple waves); Ocean; Waves, open sea (multiple waves) 21.03.27 - Body boards; Surfboards; Snowboards
International Registration Number:
1106580
International Registration Date:
Aug. 19, 2011
Claimed Ownership of US Registrations:
1367364
Note:The following symbols indicate that the registrant/owner has amended the goods/services:
• Brackets [..] indicate deleted goods/services;• Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and• Asterisks *..* identify additional (new) wording in the goods/services.
For: Substances for laundry use, namely, laundry detergent and laundry soap; cleaning, polishperfumery; essential oils; cosmetics; dentifrices; cosmetic suntan oils and cosmetic suntan
International Class(es): 003 - Primary Class U.S Class(es): 001,
Class Status: ACTIVE
Basis: 66(a)
For: Apparatus for recording, transmitting and or reproduction of sound or images; magnetic reCDs, CD-ROMs, CD-Is, laser, optical disks and CDs for photographs featuring informationdisks featuring information regarding sporting events; automatic vending machines and meregisters, calculating machines, data processing and computer equipment; fire-extinguisheand accessories, namely, lenses for sunglasses, spectacle cords and cases; diving suits; dsports; underwater breathing apparatus;protective clothing for aquatic pursuits, namely, diprotection against accidents; diving gloves; emergency life-saving and teaching apparatus
International Class(es): 009 - Primary Class U.S Class(es): 021,
Class Status: ACTIVE
Basis: 66(a)
For: Precious metals and their alloys and goods in precious metals or coated therewith, namelystones; horological and chronometric instruments; clocks, watches
International Class(es): 014 - Primary Class U.S Class(es): 002,
Class Status: ACTIVE
Basis: 66(a)
For:
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Page 2 of 5Trademark Status & Document Retrieval
Paper and goods made from paper, namely, stickers; bookbinding material; photographs; household purposes; paint brushes; plastic materials for packaging, namely, plastic bags; field of surfing, watersports and skiing; newspapers; time planners; calendars; posters; wricases; printed matter, namely, advertising materials
International Class(es): 016 - Primary Class U.S Class(es): 002,
Class Status: ACTIVE
Basis: 66(a)
For: Leather and imitation leather and goods made thereof, namely, luggage, handbags, purseduffel bags, fanny packs, athletic bags, shoulder bags, handbags, book bags and shoppinsuitcases; travel bags; sports bags; beach bags; banana pouches; rucksacks; umbrellas aanimal skins and hides; trunks; walking sticks; whips and saddlery
International Class(es): 018 - Primary Class U.S Class(es): 001,
Class Status: ACTIVE
Basis: 66(a)
For: Clothing, namely, shirts, t-shirts, pants, jackets, skirts, shorts, board shorts, swimwear, swsweaters, socks, scarves; footwear; snow boots; sports shoes; leisure shoes; booties for wsandals; headgear, namely, hoods, caps, cap peaks and hats; skiwear, namely, coats, jacsuits, wetsuit boots and gloves for surfing, windsurfing and water skiing, as well as for othe
International Class(es): 025 - Primary Class U.S Class(es): 022,
Class Status: ACTIVE
Basis: 66(a)
For: Surfboards and accessories therefor, namely, sails, sail battens, tensioning apparatus for and surfboards, masts and mast feet for sailboards, booms for sailboards, surfboard leebobags for surfboard fins, trapezes for sailboards, trapeze hooks for sailboards, trapeze linestransport bags for surfboards, surfboard bags
International Class(es): 028 - Primary Class U.S Class(es): 022,
Class Status: ACTIVE
Basis: 66(a)
For: Retail store services and computerized on-line ordering services featuring clothing, such afor use in water sports, such as surfing; marketing and advertising; business managementproducts and services within the framework of "e-commerce"; administrative handling of elintermediary services in trade products, also within the framework of services rendered byand planning relating to business organization; project development for business organizapublicity and sales promotion; organization of exhibitions, fairs and other events for comm
International Class(es): 035 - Primary Class U.S Class(es): 100,
Class Status: ACTIVE
Basis: 66(a)
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Basis Information (Case Level)
Current Owner(s) Information
Attorney/Correspondence Information
Prosecution History
International Registration Information (Section 66a)
Filed Use: No Currently Use: No
Filed ITU: No Currently ITU: No
Filed 44D: No Currently 44D: No
Filed 44E: No Currently 44E: No
Filed 66A: Yes Currently 66A: Yes
Filed No Basis: No Currently No Basis: No
Owner Name: Sisco Textiles N.V.
Owner Address: Kaya W.F.G. (Jombi) Mensing 14Willemstad CuraçaoCURACAO
Legal Entity Type: LIMITED LIABILITY COMPANY State or Country Where Organized:
CUR
Attorney of Record
Attorney Name: Rochelle D. Alpert Docket Number: 0677
Attorney Primary Email Address:
ralpert@morganlewis.com Attorney Email Authorized: No
Correspondent
Correspondent Name/Address:
Rochelle D. AlpertMorgan, Lewis & Bockius LLP1 Market, Spear Street TowerSan Francisco, CALIFORNIA UNITED STATES 94105
Phone: 415.442.1326 Fax: 415.4
Correspondent e-mail: ralpert@morganlewis.comkaltoff@morganlewis.comsftrademarks@morganlewis.com
Correspondent e-mail Authorized:
Yes
Domestic Representative - Not Found
International Registration Number:
1106580 International Registration Date:
Aug.
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Page 4 of 5Trademark Status & Document Retrieval
TM Staff and Location Information
Assignment Abstract Of Title Information - Click to Load
Priority Claimed Flag: Yes Date of Section 67 Priority Claim:
Aug.
Intl. Registration Status: REQUEST FOR EXTENSION OF PROTECTION PROCESSED
Date of International Registration Status:
Mar.
Notification of Designation Date:
Mar. 01, 2012 Date of Automatic Protection:
Sep.
International Registration Renewal Date:
Aug. 19, 2021
First Refusal Flag: Yes
TM Staff Information - None
File Location
Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Jun.
Proceedings - Click to Load
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United States Patent and Trademark Office Home|Site Index|Search|Guides|Contacts|eBusiness|eBiz
alerts|News|Help
Assignments on the Web > Trademark Query
No assignment has been recorded at the USPTO
For Serial Number: 79109078
If you have any comments or questions concerning the data displayed, contact PRD / Assignments at 571-272-3350 . v.2.6Web interface last modified: August 25, 2017 v.2.6
| .HOME | INDEX| SEARCH | eBUSINESS | CONTACT US | PRIVACY STATEMENT
7/19/2018http://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&frame=&sno=79109078
Page 1 of 1USPTO Assignments on the Web
EXHIBIT C
STATUS DOCUMENTS MAINTENANCE Back to Search Print
TSDR now includes a Post Registration Maintenance Tab. When viewing a Registered mark, users will now find a new 3rd tab providing Post Registration information next to the "Status" and "Document" tabs, below the search text box. The tab will not appear if the mark is not registered.
Generated on: This page was generated by TSDR on 2018-07-19 12:53:45 EDT
Mark:
US Serial Number: 79090990 Application Filing Date: Feb.
US Registration Number: 4085739 Registration Date: Jan.
Register: Principal
Mark Type: Trademark, Service Mark
TM5 Common Status Descriptor:
LIVE/REGISTRATION/Issued and Active
The trademark application has been registe
Status: Registered. The registration date is used to determine when post-registration maintenance
Status Date: Jan. 17, 2012
Publication Date: Nov. 01, 2011
Mark Information
Related Properties Information
Mark Literal Elements: None
Standard Character Claim: No
Mark Drawing Type: 2 - AN ILLUSTRATION DRAWING WITHOUT ANY WORDS(S)/ LETTER(S)/NUMBER(S)
Description of Mark: The mark consists of a stylized depiction of a wave.
Color(s) Claimed: Color is not claimed as a feature of the mark.
Design Search Code(s): 26.17.09 - Bands, curved; Lines, curved; Curved line(s), band(s) or bar(s); Bars, curved
International Registration Number:
1061053
International Registration Date:
Feb. 19, 2010
2204582
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Page 1 of 5Trademark Status & Document Retrieval
Goods and Services
Claimed Ownership of US Registrations:
Note:The following symbols indicate that the registrant/owner has amended the goods/services:
• Brackets [..] indicate deleted goods/services;• Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and• Asterisks *..* identify additional (new) wording in the goods/services.
For: Substances for laundry use, namely, laundry detergent; cleaning, polishing, scouring and aessential oils; cosmetics; dentifrices; sun tanning oils and sun tanning creams ]
International Class(es): 003 - Primary Class U.S Class(es): 001,
Class Status: ACTIVE
Basis: 66(a)
For: [ Apparatus for recording, transmitting and or reproduction of sound or images; ] magnetic audio CDs, CD-ROMs, CD-Is, laser, optical disks and CDs for photographs featuring informrecording disks featuring information regarding sporting events; [ automatic vending machapparatus; cash registers, calculating machines; fire-extinguishers; ] sunglasses; spectaclelenses for sunglasses, spectacle cords and cases; diving suits; [ diving goggles and masksnamely, insulated overall wet suits and dry suits for diving and underwater swimming; [ unclothing for aquatic pursuits, namely, diving suits; protective helmets; gloves for protectionlife-saving and teaching apparatus, namely, lifejackets
International Class(es): 009 - Primary Class U.S Class(es): 021,
Class Status: ACTIVE
Basis: 66(a)
For: Precious metals and their alloys and goods in precious metals or coated therewith, namely[ precious stones; horological and chronometric instruments; clocks, watches ]
International Class(es): 014 - Primary Class U.S Class(es): 002,
Class Status: ACTIVE
Basis: 66(a)
For: Paper, cardboard and goods made from these materials, namely, stickers; bookbinding mafor stationery or household purposes; [ paint brushes; ] plastic materials for packaging, nablocks; books in the field of surfing, watersports and skiing; [ newspapers; day planners; cpencils; pens; pen cases ]
International Class(es): 016 - Primary Class U.S Class(es): 002,
Class Status: ACTIVE
Basis: 66(a)
For:
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Page 2 of 5Trademark Status & Document Retrieval
Basis Information (Case Level)
Leather and imitation leather and goods made thereof, namely, luggage, suitcases, travel wallets; bags, namely, backpacks, rucksacks, duffle bags, fanny packs, athletic bags, shoubags of leather, imitation leather and textile; suitcases; travel bags; sports bags; beach babags ] made of leather [ and canvas; umbrellas and parasols; ] pocket wallets and purses;sticks; whips and saddlery ]
International Class(es): 018 - Primary Class U.S Class(es): 001,
Class Status: ACTIVE
Basis: 66(a)
For: Clothing, namely, shirts, t-shirts, pants, jackets, skirts, shorts, board shorts, swimwear, swsweaters, socks, scarves; belts; footwear; snow boots; sports shoes; leisure shoes; bootiesandals; headgear, namely, hoods, caps, cap peaks and hats; sports and leisure wear, naboots, and skiwear, namely, coats, jackets, pants, gloves and boots; clothing for surfing, wdry suits, wetsuit boots and gloves; rash guards
International Class(es): 025 - Primary Class U.S Class(es): 022,
Class Status: ACTIVE
Basis: 66(a)
For: Surfboards and accessories therefor, namely, [ sails, sail battens, tensioning apparatus foand surfboards, masts, mast feet, booms, ] fins, [ fin cases, trapezes, surfboard leeboardslines, trapeze clips, transport bags especially designed for surfboards and surfboard bags Games and playthings, namely, playing cards ]
International Class(es): 028 - Primary Class U.S Class(es): 022,
Class Status: ACTIVE
Basis: 66(a)
For: Retail store services and computerized on-line ordering services featuring clothing, such afor use in water sports, such as surfing; marketing and advertising; business managementproducts and services within the framework of "e-commerce"; administrative handling of elintermediary services in trade products, also within the framework of services rendered byand planning relating to business organization; project development for business organizapublicity and sales promotion; organization of exhibitions, fairs and other events for comm
International Class(es): 035 - Primary Class U.S Class(es): 100,
Class Status: ACTIVE
Basis: 66(a)
Filed Use: No Currently Use: No
Filed ITU: No Currently ITU: No
Filed 44D: No Currently 44D: No
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Page 3 of 5Trademark Status & Document Retrieval
Current Owner(s) Information
Attorney/Correspondence Information
Prosecution History
International Registration Information (Section 66a)
Filed 44E: No Currently 44E: No
Filed 66A: Yes Currently 66A: Yes
Filed No Basis: No Currently No Basis: No
Owner Name: Sisco Textiles N.V.
Owner Address: Kaya W.F.G. (Jombi) Mensing 14Willemstad CuraçaoCURACAO
Legal Entity Type: LIMITED LIABILITY COMPANY State or Country Where Organized:
NET
Attorney of Record
Attorney Name: Rochelle D. Alpert Docket Number: 0677
Attorney Primary Email Address:
rochelle.alpert@morganlewis.com Attorney Email Authorized: Yes
Correspondent
Correspondent Name/Address:
Rochelle D. AlpertMorgan, Lewis & Bockius LLPOne Market, Spear Street TowerSan Francisco, CALIFORNIA UNITED STATES 94105
Phone: 415.442.1326
Correspondent e-mail: rochelle.alpert@morganlewis.comsftrademarks@morganlewis.competer.byrne@morganlewis.com
Correspondent e-mail Authorized:
Yes
Domestic Representative - Not Found
International Registration Number:
1061053 International Registration Date:
Feb.
Priority Claimed Flag: Yes Date of Section 67 Priority Claim:
Aug.
Intl. Registration Status: REQUEST FOR EXTENSION OF PROTECTION PROCESSED
Date of International Registration Status:
Jan.
Jan. 06, 2011 Jul. 0
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Page 4 of 5Trademark Status & Document Retrieval
TM Staff and Location Information
Assignment Abstract Of Title Information - Click to Load
Notification of Designation Date:
Date of Automatic Protection:
International Registration Renewal Date:
Feb. 19, 2020
First Refusal Flag: Yes
TM Staff Information - None
File Location
Current Location: TMO LAW OFFICE 113 Date in Location: Feb.
Proceedings - Click to Load
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Page 5 of 5Trademark Status & Document Retrieval
United States Patent and Trademark Office Home|Site Index|Search|Guides|Contacts|eBusiness|eBiz
alerts|News|Help
Assignments on the Web > Trademark Query
No assignment has been recorded at the USPTO
For Serial Number: 79090990
If you have any comments or questions concerning the data displayed, contact PRD / Assignments at 571-272-3350 . v.2.6Web interface last modified: August 25, 2017 v.2.6
| .HOME | INDEX| SEARCH | eBUSINESS | CONTACT US | PRIVACY STATEMENT
7/19/2018http://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&frame=&sno=79090990
Page 1 of 1USPTO Assignments on the Web