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Similarity Of Mark - Grounds For Opposition
SIMILARITY OF MARK - GROUNDS FOR OPPOSITION
The following are the grounds on which this opposition is based:
1. Opposer, [corporation of opposer], is a [state of opposer] corporation located and doing business at [address of opposer] and, through its operating divisions, particularly its Division located at [address of division] opposer has for many years manufactured, sold, distributed and advertised in interstate commerce [products] and closely related goods.
2. Opposer and its Division have continuously manufactured and widely sold, distributed and advertised the aforementioned goods, set forth in Paragraph 1, throughout the United States under its registered trademark [trademark A] and other marks featuring prominently the term [Term] shown in various forms and combinations, and thus, opposer has created valuable good will in such registered trademarks.
3. Opposer is the owner of the following mark and U.S. registrations thereof, copies of which are attached hereto as Exhibits [Number of exhibits] and [state trademark, registration number and date, and goods covered].
4. Opposer and its Division have invested large sums of money in advertising, exhibiting and otherwise impressing on the trade and purchasing public that the trademark [trademark A] and other marks featuring prominently the term shown in various forms and combinations, belong to and indicate opposer and its Division and that opposer and its Division have the sole right to sell a wide variety of goods under the trademark [trademark A] and combination marks including [products] and related goods.
5. Opposers goods bearing the trademark [trademark A] and other marks featuring prominently the term shown in various forms and combinations have acquired a high reputation for quality and utility, and opposer for many years has continuously used the term as a dominant term in the operation of its business, as illustrated in the name Manufacturing Division, which name has acquired a high reputation in the business world.
6. Opposer has been using in interstate commerce the registered trademark [trademark A] since at least [year trademark first used in commerce] for [product or products], and has been using the feature [Description of feature] as part of its marks since in or about [year feature first used] for [product or products]. As to the use of [trademark A], opposer first used such mark for [product or products] in [year trademark first used], and first used it in interstate commerce for [product or products] in [year trademark first used in interstate commerce].
7. Opposer has initiated steps to correct its Registration Number [Registration Number] by filing in the United States Patent and Trademark Office a request to allege [year of corrected first used] as the date of first use of that mark in interstate commerce.
8. Opposer avers that applicants mark [trademark B] sought to be registered is confusingly similar to opposers registered mark [trademark A] and other marks featuring prominently the term shown in various forms and combinations, that applicants goods are closely related to opposers goods bearing its registered mark [trademark A] and marks featuring the term shown in various forms and combinations; that the trade and public seeing applicants mark [trademark B] on its goods will mistakenly believe that there is some connection between opposer and applicant under which opposer guarantees the quality of applicants goods; and further that registration by applicant of its trademark [trademark B] will be likely to interfere with the use by opposer of its trademark [trademark A] and will be likely to result in great loss and irreparable damage to opposer.
9. Opposer avers that the marks [trademark A] and [trademark B] are substantially the same in sound, appearance and meaning and more particularly, are phonetically the same.
10. Opposer believes that applicants selection of the mark [trademark B] may take advantage of the nationwide reputation of opposer and its mark [trademark A] and combination marks featuring the term , and may take advantage of the good will of opposer gained by ingenious and persistent advertising and expenditures of large sums of money therefor, and if continued in commerce, will be likely to confuse, mislead or deceive the trade and members of the public in suggesting to them that applicants mark [trademark B] identifies goods sold, sponsored, or approved by opposer.
11. If the specified goods of applicant are inferior in quality, there will be irreparable injury to opposers valuable good will and its registered mark [Registered trademark], because this mark will have an unfavorable connotation. Furthermore, the use and registration of the mark [trademark B] will dilute the distinctive character of opposers valuable registered trademark [trademark A] and its combination marks featuring the term .
12. Applicant seeks to register the trademark [trademark B] which so resembles opposers registered trademark [trademark A] and other marks featuring prominently the term shown in various forms and combinations, as to be likely, when applied to the goods of applicant, to cause confusion, mistake or deception of purchasers as to source or sponsorship, and will inevitably suggest falsely a trade connection between opposer and applicant.
For the above reasons opposer will be damaged by the registration of the opposed trademark.
WHEREFORE, opposer, [corporation A], requests that this opposition be sustained and that registration be denied [Corporation B] of its mark [trademark B] as described and illustrated in its application, Serial Number , filed [date] , for the goods described therein.
Opposer hereby appoints the law firm of [Name of law firm], having offices at [address of law firm], the members of which firm are [list members of law firm], and each of them, its attorneys to prosecute this opposition with full power of substitution and revocation and to transact all business in the United States Patent and Trademark Office connected therewith.