Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA578806
`ESTTA Tracking number:
`12/26/2013
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE 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
`Granted to Date
`of previous
`extension
`Address
`
`CRAMBO, S.A.
`01/01/2014
`
`AVDA. DEL SOL, 11
`MADRID (TORREJON DE ARDOZ), E-28850
`SPAIN
`
`Attorney
`information
`
`Stewart J. Bellus
`COLLARD AND ROE
`1077 NORTHERN BLVD
`ROSLYN, NY 11576
`UNITED STATES
`sbellus@collardroe.com Phone:5163659802
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`International
`Registration No.
`Applicant
`
`85699385
`12/26/2013
`
`NONE
`
`Publication date
`Opposition
`Period Ends
`International
`Registration Date
`
`09/03/2013
`01/01/2014
`
`NONE
`
`Panasonic Corporation
`1006 Oaza Kadoma, Kadoma-shi
`Osaka, JPX 571-8501
`JPX
`Goods/Services Affected by Opposition
`
`Class 009. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Feature of a television set, namely, a
`setting or mode of a television wherein power is conserved thereby allowing the television to operate
`more efficiently
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`Dilution
`
`Trademark Act section 2(d)
`Trademark Act section 43(c)
`
`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`Registration Date
`
`3639928
`
`06/16/2009
`
`Application Date
`
`11/12/2008
`
`Foreign Priority
`
`05/14/2008
`
`
`ESTTA578806
`ESTTA Tracking number:
`12/26/2013
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE 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
`Granted to Date
`of previous
`extension
`Address
`
`CRAMBO, S.A.
`01/01/2014
`
`AVDA. DEL SOL, 11
`MADRID (TORREJON DE ARDOZ), E-28850
`SPAIN
`
`Attorney
`information
`
`Stewart J. Bellus
`COLLARD AND ROE
`1077 NORTHERN BLVD
`ROSLYN, NY 11576
`UNITED STATES
`sbellus@collardroe.com Phone:5163659802
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`International
`Registration No.
`Applicant
`
`85699385
`12/26/2013
`
`NONE
`
`Publication date
`Opposition
`Period Ends
`International
`Registration Date
`
`09/03/2013
`01/01/2014
`
`NONE
`
`Panasonic Corporation
`1006 Oaza Kadoma, Kadoma-shi
`Osaka, JPX 571-8501
`JPX
`Goods/Services Affected by Opposition
`
`Class 009. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Feature of a television set, namely, a
`setting or mode of a television wherein power is conserved thereby allowing the television to operate
`more efficiently
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`Dilution
`
`Trademark Act section 2(d)
`Trademark Act section 43(c)
`
`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`Registration Date
`
`3639928
`
`06/16/2009
`
`Application Date
`
`11/12/2008
`
`Foreign Priority
`
`05/14/2008
`
`
`
`Word Mark
`Design Mark
`
`ECONAV
`
`Date
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 0 First Use In Commerce: 0
`GPS navigation devices; software programs for use with browsers, interactive
`driving guides, maps, mobile phones and with telecommunication devices
`
`Attachments
`
`79062525#TMSN.jpeg( bytes )
`econav- opposition.pdf(659902 bytes )
`
`Certificate of Service
`
`The undersigned hereby certifies that a copy of this paper has been served upon all parties, at their address
`record by First Class Mail on this date.
`
`Signature
`Name
`Date
`
`/sjb/
`Stewart J. Bellus
`12/26/2013
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`..................................................................... --X
`
`Opposition No.
`Serial No. 85/699,385
`
`) )
`
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`
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`
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`
`CRAMBO, S A
`
`Opposer,
`
`V.
`
`PANASONIC CORPORATION
`
`Applicant.
`
`..................................................................... __X
`
`NOTICE OF OPPOSITION
`
`In the matter of an application for registration of the trademark ECONAVI for goods in
`
`Class 9, filed on August 9, 2012 under Serial No. 85/699385 by PANASONIC
`
`CORPORATION (“Applicant”), CRAMBO, S.A. (“Opposer”) believes it will be damaged by
`
`registration of said application and opposes same. The grounds for opposition are as follows:
`
`(BACKGROUND)
`
`1.
`
`Opposer is a Sociedad Anornina organized under the laws of Spain, and located at Avda.
`
`Del Sol, 11E, Torrejon de Ardoz, Madrid, Spain, 28850.
`
`2.
`
`Opposer’s mark ECONAV (Registration No. 3,639,928) was registered by the U.S.
`
`Patent and Trademark Office on June 16, 2009.
`
`
`
`3.
`
`Application Serial No.85/699,3 85 was filed on August 9, 2012, based on a future
`
`intention to use and a foreign registration, which means that August 9, 2012 is the earliest date
`
`upon which Applicant can rely as its “first use date.”
`
`4.
`
`Opposer’s rights in its ECONAV mark date back to the May 14, 2008 priority claim
`
`in its International Registration which is the basis of its US application/registration, or if that
`
`date is not allowed, the November 12, 2008 filing date of its US application. Both of these dates
`
`are long before Applicant’s effective “first use date” of August 9, 2012, so Opposer has prior
`
`rights in the United States.
`
`Count I {Likelihood of Confusion!
`
`5.
`
`Opposer incorporates by reference all the allegations contained in paragraphs 1-4 of this
`
`Notice of Opposition.
`
`6.
`
`The commercial impression of Applicant’s mark ECONAVI is nearly identical to
`
`Opposer’s ECONAV mark, the only difference being the extra letter “I” at the end of
`
`Applicant’s mark.
`
`
`
`7.
`
`Applicant’s goods, as described in Application Serial Number 85/699,385, are
`
`closely related to goods described in Opposer’s ECONAV Registration.
`
`8.
`
`Due to similarities between Opposer’s and Applicant’s marks and the closely related
`
`goods upon which those marks are used, there is a likelihood that consumers will be confused,
`
`mistaken and/or deceived into believing that Applicant’s goods emanate from, or in some way
`
`are associated or connected with, or sponsored, authorized or warranted by Opposer, all to the
`
`detriment of Opposer, and Opposer will be damaged if a registration is granted to Applicant.
`
`Count II {Dilution by Blurring)
`
`9.
`
`Opposer incorporates by reference the allegations contained in paragraphs 1-8 of this
`
`Notice of Opposition.
`
`10.
`
`Opposer is the owner of the ECONAV mark which is famous and distinctive throughout
`
`the United States. Oppose1"s ECONAV mark has been registered in the United States since
`
`June 16, 2009, and Opposer’s rights date back to the November 12, 2008 filing date of its
`
`application. Opposer’s ECONAV mark has been used and advertised extensively, and is widely
`
`recognized by consumers and those in the trade as a designation of source for the goods of
`
`Opposer and is therefore a famous and distinctive mark.
`
`
`
`ll.
`
`Applicant’s use of its ECONAVI mark is in violation of Section 43(0) of the Lanham Act
`
`in that Applicant is likely to cause dilution by blurring by creating a likelihood of association
`
`with Opposer’s ECONAV mark.
`
`12.
`
`App1icant’s use of the ECONAVI mark will cause an association arising from the
`
`similarity with Opposer’s ECONAV mark that will cause dilution by blurring and impair the
`
`distinctiveness of Opposer’s mark, all to the detriment of Opposer who will be damaged by
`
`Applicant’s use of the OMIERA mark.
`
`WHEREFORE, Opposer requests that this opposition be sustained and that the requested
`
`registration of App1icant’s mark in Application Serial Number 85/699,3 85 be denied.
`
`CRAMBO, S.A.
`
`
`
`Sara M. Dorchak
`
`COLLARD & ROE, P.C.
`1077 Northern Boulevard
`
`Roslyn, New York 11576
`Telephone: (516) 365-9802
`Facsimile: (516) 365-9805
`Email: sbellus@co1lardroe.com
`akaplan@collardroe.com
`
`Attorneys for Opposer CRAMBO S.A.
`
`Date: December 26 2013
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a true and correct copy of the forgoing NOTICE OF
`
`OPPOSITION has this 26th day of December 2013 been sent by prepaid First Class Mail to:
`
`Geoffrey D. Aurini
`Harness, Dickey & Pierce, P.L.C.
`5445 Corporate Dr Ste 200
`Troy, Michigan 48098-2683
`
`Meigz €~
`
`Stewart J.
`
`ellus
`
`1‘:\u5crsEb::|Ius\0pposi|ions\NnLicc oJ'0;:po:iIjou. (ECDNAVI--LDC wpd
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