Date post: | 03-Jun-2018 |
Category: |
Documents |
Upload: | frank-herrera |
View: | 223 times |
Download: | 0 times |
of 17
8/12/2019 Ttabvue 92059233 Can 1 Bang Bang
1/17
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/8/12/2019 Ttabvue 92059233 Can 1 Bang Bang
2/17
Date 05/21/2014
8/12/2019 Ttabvue 92059233 Can 1 Bang Bang
3/17
1
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.
8/12/2019 Ttabvue 92059233 Can 1 Bang Bang
4/17
2
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.
8/12/2019 Ttabvue 92059233 Can 1 Bang Bang
5/17
3
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
8/12/2019 Ttabvue 92059233 Can 1 Bang Bang
6/17
4
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
8/12/2019 Ttabvue 92059233 Can 1 Bang Bang
7/17
8/12/2019 Ttabvue 92059233 Can 1 Bang Bang
8/17
8/12/2019 Ttabvue 92059233 Can 1 Bang Bang
9/17
8/12/2019 Ttabvue 92059233 Can 1 Bang Bang
10/17
8/12/2019 Ttabvue 92059233 Can 1 Bang Bang
11/17
8/12/2019 Ttabvue 92059233 Can 1 Bang Bang
12/17
8/12/2019 Ttabvue 92059233 Can 1 Bang Bang
13/17
8/12/2019 Ttabvue 92059233 Can 1 Bang Bang
14/17
8/12/2019 Ttabvue 92059233 Can 1 Bang Bang
15/17
8/12/2019 Ttabvue 92059233 Can 1 Bang Bang
16/17
8/12/2019 Ttabvue 92059233 Can 1 Bang Bang
17/17