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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov

ESTTA Tracking number: ESTTA605532

Filing date: 05/21/2014

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 requests to cancel indicated registration.

Petitioner Information

Name Tiger Tobacco, LLC

Entity Limited Liability Company Citizenship Michigan

Address 35528 Mound RoadSterling Heights, MI 48310UNITED STATES

Attorney informa-tion

Arnold S. WeintraubThe Weintraub Group, P.L.C.24901 Northwestern Hwy Suite 311Southfield, MI 48075UNITED [email protected] Phone:248-809-2005

Registration Subject to Cancellation

Registration No 3981874 Registration date 06/21/2011

Registrant GOODSON INVESTMENTS, INC.7575 N.W. 70 StreetMiami, FL 33166UNITED STATES

Goods/Services Subject to CancellationClass 034. First Use: 2010/04/07 First Use In Commerce: 2010/04/07All goods and services in the class are cancelled, namely: CIGARETTES

Grounds for Cancellation

Abandonment Trademark Act section 14

Attachments 20140521 Petition for Cancellation.pdf(33179 bytes )Exhibit A of Petition for Cancellation.pdf(233991 bytes )Exhibit B of Petition for Cancellation.pdf(53861 bytes )

Certificate of Service

The undersigned hereby certifies that a copy of this paper has been served upon all parties, at their addressrecord by First Class Mail on this date.

Signature /s/Arnold S. Weintraub

Name Arnold S. Weintraub
http://estta.uspto.gov/http://estta.uspto.gov/


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Date 05/21/2014


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IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

In re Registration No. 3981874

Mark: BANG BANG

Registration Date: June 21, 2011

TIGER TOBACCO, LLC,

Petitioner,

v.

GOODSON INVESTMENTS, INC.,

Registrant.

PETITION FOR CANCELLATION

Tiger Tobacco, LLC. (Petitioner) is a Michigan company having an address at 35528

Mound Road, Sterling Heights, Michigan 48310.

To the best of Petitioners knowledge, and according to the U.S.P.T.O.s last-listed

records associated with U.S. Registration No. 3981874 (the Mark), the name and address of

the owner of the registration is Goodson Investments, Inc., a Florida corporation having an

address at 7575 N.W. 70 Street, Miami, Florida 33166 (Registrant).

The Petitioner believes that the Registrant has abandoned the Mark and hereby petitions

to cancel the same.

The grounds for cancellation are as follows:

1. On information and belief, the Registrant has abandoned the Mark and is believedto no longer be in business.


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2. Petitioner has attempted to contact the Registrant in writing to inquire regardingits desire to maintain and use the Mark. Correspondence was sent by Certified Mail to each and

every address the Petitioner could find associated with the Registrant and/or its principal,

Shlomo Ben-Tov, including the address on file with the U.S.P.T.O. This totaled three different

Florida addresses.

3. All three certified letters were returned as undeliverable and unable to forward.Please see copies of the returned envelopes and tracking information attached as Exhibit A.

4. The telephone numbers listed as associated with the Registrant are no longer inservice.

5. A telephone call to the Registrants counsel of record, Oliver Ruiz, yieldedcontact information for the Registrant that is also no longer accurate.

6. Registrant is the owner of Trademark Registration No. 3981874 for BANGBANG in connection with cigarettes, having a date of first use in commerce of April 7, 2010.

(Exh. B)

7. The Registrants Trademark Registration No. 3981874 was filed as an intent-to-use application on August 5, 2008, and was registered on June 21, 2011.

8. Although the Mark was used by the Registrant for a short period of time, itappears that the Registrant is no longer conducting business and the Mark has been abandoned

for some time.

9. A call to several phone numbers listing products for sale that are identified withthe Mark revealed a response that the products were no longer available, although the websites

had not been updated in some time.


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10. Petitioner filed an application for federal registration for its trademark BANGBANG TOBACCO and design in connection with tobacco, namely, U.S. Application Serial No.

86025355.

11. Petitioner has received an Office Action refusing registration of its mark becauseof a likelihood of confusion with Registrants Mark.

12. Petitioner believes that Registrant is not using the Mark and has not used it insome time, thereby abandoning the Mark.

WHEREFORE, Petitioner respectfully requests that Registration No. 3981874 be

cancelled and that this Petition for Cancellation be sustained in favor of Petitioner.

Respectfully submitted,

Dated: May 21, 2014 /s/Arnold S. Weintraub

Arnold S. WeintraubThe Weintraub Group, P.L.C.

24901 Northwestern Hwy., Ste. 311

Southfield, Michigan 48075248-809-2005


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CERTIFICATE OF SERVICE

I hereby certify that on May 21, 2014, a true and complete copy of the foregoing PETITION

FOR CANCELLATION, including Exhibits A-B,has been served on the Registrant by mailinga true and correct copy to the Registrant at its address listed on record, via First Class Mail, at:

Goodson Investments, Inc.7575 N.W. 70 Street

Miami, Florida 33166

and also on the last-listed Correspondence Address on record at the Registrants attorney:

Oliver A. Ruiz

Malloy & Malloy, PA

2800 S.W. 3rd

Ave.

Miami, FL 33129/s/Yolanda Mendoza

Yolanda MendozaThe Weintraub Group, P.L.C.24901 Northwestern Hwy., Ste. 311Southfield, Michigan 48075

248-809-2005


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