Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA855850
`11/01/2017
`
`ESTTA Tracking number:
`
`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
`
`Kimball Piano USA, Inc.
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`11/01/2017
`
`3415 W. Diversey Ave., Suite 124
`Chicago, IL 60647
`UNITED STATES
`
`JOHN F. EICHLER
`JOHN F. EICHLER & ASSOCIATES
`1559 S. HULL AVENUE
`WESTCHESTER, IL 60154
`UNITED STATES
`Email: johneichler@netzero.net, eichlerjohn@msn.com
`Phone: 708-338-3207
`
`Applicant Information
`
`Application No
`
`87214667
`
`Publication date
`
`07/04/2017
`
`Opposition Filing
`Date
`
`International Re-
`gistration No.
`
`Applicant
`
`11/01/2017
`
`NONE
`
`Opposition Peri-
`od Ends
`
`International Re-
`gistration Date
`
`11/01/2017
`
`NONE
`
`PANASONIC CORPORATION
`1006, Oaza Kadoma
`Kadoma-shi, Osaka, 571-8501
`JAPAN
`
`Goods/Services Affected by Opposition
`
`Class 025. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: T-shirts; Sweat shirts; Parkas;
`Shirts;Jackets; Headwear; Headgear, namely, caps; Hats; Knitted caps; Footwear
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Application
`No.
`
`87667656
`
`Application Date
`
`Registration Date
`
`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`NONE
`
`Attachments
`
`Technics Opposition IC 025 FINAL.pdf(705786 bytes )
`
`Signature
`
`/John F. Eichler/
`
`Name
`
`Date
`
`JOHN F. EICHLER
`
`11/01/2017
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`NOTICE OF OPPOSITION
`
`
`
`
`
`Opposition No.
`Mark: TECHNICS
`
`
`
`In the Matter of Application Serial No. 87214667
`Published in the Official Gazette of July 04, 2017
`________________________________________________
`
`
`
`
`
`
`
`
`)
`Kimball Piano USA, Inc.
`
`
`
`)
`3415 W. Diversey Ave. #124
`
`
`)
`Chicago, IL 60647
`
`
`
`
`)
`
`
`
`
`
`
`
`)
`Opposer
`
`
`
`
`
`)
`
`
`
`
`
`
`
`)
`
`
`v.
`
`
`
`
`
`)
`
`
`
`
`
`
`
`
`)
`
`PANASONIC CORPORATION
`
`
`
`)
`
`1006 Oazaz Kadoma
`
`
`
`)
`
`Kadoma-shi, Osaka
`
`
`
`)
`JAPAN 571-8501
`
`
`
`
`)
`
`
`
`
`
`
`
`)
`)
`c/o
`
`
`
`
`
`
`Sarah G. Voeller
`
`
`
`
`)
`Hamre, Schumann, Mueller & Larson, P.C.
`)
`45 S. Seventh St., Suite 2700
`
`
`)
`Minneapolis, MN 55402 USA
`
`
`)
`
`
`
`
`
`
`
`)
`Applicant
`
`
`
`
`
`)
`________________________________________________)
`
`
`TO THE COMMISSIONER OF PATENTS AND TRADEMARKS:
`
`
`
`
`
`
`
`Kimball Piano USA, Inc. (“Opposer”), hereby opposes Trademark Application SN
`
`87214667 for TECHNICS IC 025 G & S “T-shirts; Sweat shirts; Parkas; Shirts; Jackets;
`
`Headwear; Headgear, namely, caps; Hats; Knitted caps; Footwear” filed by PANASONIC
`
`CORPORATION (“Applicant”). For the reasons set forth herein, Opposer believes it will
`
`be damaged by the registration of Applicant’s application SN 87214667.
`
`As grounds for the Opposition it is alleged as follows:
`
`
`
`Page 1 of 6
`
`

`

`1.
`
`Opposer is Kimball Piano USA, Inc., a Nevada corporation with its principal
`
`place of business located at 3415 W. Diversey Ave., Suite 124 Chicago, IL 60647 USA.
`
`2.
`
`Opposer has invested time and money promoting Opposer’s business and the
`
`professional quality of its goods, and is continuing to spend time and money on same.
`
`3.
`
`Opposer filed two extensions of time to oppose Applicant’s application SN
`
`87214667: a 30-day extension of time to oppose which was granted [Exhibit A]; and a 60-
`
`day extension of time to oppose for good cause which was also granted [Exhibit B]. These
`
`two extensions moved the deadline for Opposer to file its opposition to November 1, 2017.
`
`Therefore, this instant Notice of Opposition is timely filed.
`
`4.
`
`Opposer is the owner of the pending United States trademark application SN
`
`87667656 for the standard character mark TECHNICS IC 025 G & S: T-shirts. This
`
`Section 1(a) application is currently awaiting examination by the USPTO. [Exhibit C]
`
`5.
`
`Upon information and belief, Applicant PANASONIC CORPORATION is a
`
`corporation organized under the laws of Japan with its principal place of business located at
`
`1006 Oazaz Kadoma, Kadoma-shi, Osaka JAPAN 571-8501.
`
`6.
`
`Applicant is the owner of the pending United States trademark application
`
`SN 87214667 for the standard character mark TECHNICS IC 025 G & S: “T-shirts; Sweat
`
`shirts; Parkas; Shirts; Jackets; Headwear; Headgear, namely, caps; Hats; Knitted caps;
`
`Footwear.” This application was filed under Sections 1(b) and 44(e) and has been published
`
`for opposition [Exhibit D].
`
`7.
`
`Given that Applicant’s application SN 87214667 and Opposer’s application
`
`SN 87667656 cover trademarks that are identical (TECHNICS), and that the respective
`
`goods or services associated with the Registration and the Application are identical in part
`
`
`
`Page 2 of 6
`
`

`

`(T-shirts), and nearly identical or highly similar with respect to the remainder of Applicant’s
`
`intended goods, Opposer believes that the USPTO will find a likelihood of confusion
`
`between the two marks and may refuse to register Opposer’s application in light of
`
`Applicant’s published application SN 87214667.
`
`8.
`
`Therefore, Opposer believes it will be damaged by the registration of
`
`Applicant’s SN 87214667. Opposer has entered into evidence the filing of its actual use
`
`Section 1(a) application SN 87667656 [Exhibit C], and has standing to file this Notice of
`
`Opposition pursuant to Lanham Act §13, 15 U.S.C. §1063.
`
`9.
`
`Additionally, Opposer also holds Reg. No. 3548924 for the mark TECHNICS
`
`in IC 015. The G & S are: musical instruments, namely, electronic and digital keyboard
`
`instruments of all kinds: electronic pianos, electronic keyboards, electronic organs,
`
`electronic synthesizers, digital pianos, digital keyboards, digital organs, digital synthesizers
`
`[Exhibit E].
`
`10.
`
`Additionally, Applicant filed application SN 86416292, a Section 1(b) intent-
`
`to-use application for the mark TECHNICS which is multi-class including IC 015. The G &
`
`S are partly identical and highly similar to Opposer’s goods in IC 015. The G & S in IC 015
`
`are: Guitars; Electronic musical instruments namely synthesizers, electronic pianos and
`
`organs; Electronic music producing unit for control of the synthesizers for production of
`
`electronic music; Computer controlled musical instruments namely piano module; Keyboard
`
`controller and electronic keyboard; Electronic automatically controlled rhythm machines;
`
`Expression pedals, musical instrument stands and carrying cases [Exhibit F].
`
`
`
`Page 3 of 6
`
`

`

`11.
`
`On April 5, 2017 Applicant’s SN 86416292 was refused registration based
`
`upon a determination of likelihood of confusion under Section 2(d) with Opposer’s RN
`
`3548924 [Exhibit G]. This application is currently suspended [Exhibit H].
`
`12.
`
`Therefore, a competitive relationship exists between the parties, and for the
`
`reasons stated in the above paragraphs, Opposer has standing to file this instant Notice of
`
`Opposition.
`
`13.
`
`Once Opposer has established standing on any ground, Opposer can assert
`
`any available grounds for an opposition. TBMP 309.03(b) Standing.
`
`14.
`
`This Notice of Opposition is timely and based upon the available grounds of
`
`priority and likelihood of confusion for a Section 1(b) and 44(e) intent-to-use application.
`
`Priority
`
`15.
`
`Regarding Opposer’s claim of Priority, Opposer incorporates all of the above
`
`paragraphs 1-14.
`
`16.
`
`Applicant filed SN 87214667 on an intent to use basis under Sections 1(b)
`
`and 44(e) on October 25, 2016 [Exhibit D].
`
`17.
`
`No statement of use or amendment to allege use has been filed by Applicant
`
`for SN 87214667 [Exhibit D].
`
`18.
`
`Upon information and belief, Applicant has not used or used in commerce the
`
`TECHNICS mark on the goods listed in SN 87214667.
`
`19.
`
`Applicant’s Section 44(e) basis entitles Applicant to priority dating back only
`
`to the filing date of its United States application, October 25, 2016. Hawaiian Host, Inc. v.
`
`Rowntree MacKintosh PLC, 225 USPQ 628, 630 (TTAB 1985); Mennen Co. v.Yamanouchi
`
`Pharm. Co., 203 USPQ 302, 304 (TTAB 1979); Consol. Cigar Corp. v. Japan Monopoly
`
`
`
`Page 4 of 6
`
`

`

`Corp.,181 USPQ 784, 786 (TTAB 1974); Catalin Corp. of Am. v. Senju Pharm. Co., 154
`
`USPQ 324, 326 (TTAB 1967).
`
`20.
`
`Opposer first began use of the TECHNICS mark on T-shirts in IC 025 on
`
`February 3, 2015, and first began use in commerce of the TECHNICS mark on T-shirts in
`
`IC 025 on April 4, 2015 [Exhibit C].
`
`21.
`
`Opposer continues to use the TECHNICS mark in commerce on T-shirts and
`
`filed a Section 1(a) actual use application SN 87667656 on November 1, 2017 [Exhibit C].
`
`22.
`
`Opposer’s use precedes the October 25, 2016 filing date of Applicant’s
`
`Sections 1(b) and 44(e) intent-to-use application SN 87214667. Therefore, Opposer has
`
`priority over Applicant for use of the TECHNICS mark on T-shirts in IC 025.
`
`Likelihood of Confusion
`
`23.
`
`Regarding Opposer’s claim of Likelihood of Confusion under Section 2(d) of
`
`the Lanham Act, Opposer incorporates all of the above paragraphs 1-22.
`
`24.
`
`Opposer has prior rights in the TECHNICS mark and the use of Applicant’s
`
`mark is likely to cause confusion under Section 2(d) of the Lanham Act. As the respective
`
`marks are identical (TECHNICS) and the respective goods are identical in part (T-shirts)
`
`and highly similar with respect to the remainder of Applicant’s intended goods. Therefore, a
`
`likelihood of confusion under Section 2(d) of the Lanham Act exists between Opposer’s
`
`application SN 87667656 and Applicant’s application SN 87214667.
`
`25.
`
`In view of the above, Applicant is not entitled to continue its application for
`
`the TECHNICS mark in IC 025 since Opposer has priority and a likelihood of confusion
`
`exists between the marks.
`
`
`
`
`
`Page 5 of 6
`
`

`

`Opposer respectfully requests this Opposition be sustained and that Applicant’s
`
`application SN 87214667 be denied registration.
`
`
`
`
`
`
`
`
`
`
`
`Dated: November 1, 2017
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`__/John F. Eichler/__
`
`John F. Eichler, Counsel For Opposer,
`Kimball Piano USA, Inc.
`
`JOHN F. EICHLER & ASSOCIATES
`
`1559 S. Hull Avenue
`
`Westchester, IL 60154
`
`(708) 338-3207 (Telephone)
`
`(312) 399-1577 (Cell)
`
` Email:eichlerjohn@msn.com, johneichler@netzero.net
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on November 1, 2017, the foregoing was filed with ESTTA on
`
`the uspto.gov website.
`
`
`
`
`
`
`
`
`
`/John F. Eichler/
`John F. Eichler, Counsel For Opposer,
`Kimball Piano USA, Inc.
`
`
`
`
`
`
`
`Page 6 of 6
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Exhibit A
`Exhibit A
`
`

`

`Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA837199
`08/02/2017
`
`ESTTA Tracking number:
`
`Filing date:
`
`Applicant:
`
`Application Serial Number:
`
`Application Filing Date:
`
`Mark:
`
`Date of Publication
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`PANASONIC CORPORATION
`87214667
`10/25/2016
`TECHNICS
`07/04/2017
`
`First 30 Day Request for Extension of Time to Oppose
`
`Pursuant to 37 C.F.R. Section 2.102, Kimball Piano USA, Inc., 3415 W. Diversey Ave., Suite 124, Chicago, IL
`60647, UNITED STATES, a corporation organized under the laws of Nevada , respectfully requests that it be
`granted a 30-day extension of time to file a notice of opposition against the above-identified mark .
`The time within which to file a notice of opposition is set to expire on 08/03/2017. Kimball Piano USA, Inc. re-
`spectfully requests that the time period within which to file an opposition be extended until 09/02/2017.
`Respectfully submitted,
`/Edward F. Richards/
`08/02/2017
`Edward F. Richards
`President
`Kimball Piano USA, Inc.
`3415 W. Diversey Ave., Suite 124
`Chicago, IL 60647
`UNITED STATES
`info@kimballpianousa.com, edwardrichards@juno.com, johneichler@netzero.net, eichler-
`john@msn.com
`
`

`

`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`General Contact Number: 571-272-8500
`
`
`
`
`
`Edward F. Richards
`Kimball Piano USA, Inc.
`3415 W. Diversey Ave., Suite 124
`Chicago, IL 60647
`
`
`August 2, 2017
`
`Serial No.: 87214667
`
`
`ESTTA TRACKING NO: ESTTA837199
`
`NOTICE: CHANGES TO THE TRADEMARK TRIAL AND APPEAL BOARD (“BOARD”)
`RULES OF PRACTICE EFFECTIVE JANUARY 14, 2017
`
`The USPTO published a Notice of Final Rulemaking in the Federal Register on October 7
`2016, at 81 Fed. Reg. 69950. It sets forth several amendments to the rules that govern
`inter partes (oppositions, cancellations, concurrent use) and ex parte appeal proceedings. A
`correction to the final rule was published on December 12, 2016, at 81 Fed. Reg. 89382.
`
`For complete information, the parties are referred to:
`• The Board’s home page on the uspto.gov website: http://www.uspto.gov/trademarks-
`application-process/trademark-trial-and-appeal-board-ttab
`• The final rule:
`http://www.uspto.gov/sites/default/files/documents/81%20FR%2069950.pdf
`• The correction to the final rule:
`http://www.uspto.gov/sites/default/files/documents/81%20FR%2089382.pdf
`• A chart summarizing the affected rules and changes:
`http://www.uspto.gov/sites/default/files/documents/2017Rulechangehighlights.pdf
`
`
`For all proceedings, including those already in progress on January 14, 2017, some of
`the changes are:
`• All pleadings and submissions must be filed through ESTTA. Trademark Rules
`2.101, 2.102, 2.106, 2.111, 2.114, 2.121, 2.123, 2.126, 2.190 and 2.191.
`• Service of all papers must be made by email, unless otherwise stipulated.
`Trademark Rule 2.119.
`
`

`

`• Response periods are no longer extended by five days for service by first-class mail,
`Priority Mail Express®, or overnight courier. Trademark Rule 2.119.
`• Deadlines for submissions to the Board that are initiated by a date of service are 20
`days. Trademark Rule 2.119. Responses to motions for summary judgment remain
`30 days. Similarly, deadlines for responses to discovery requests remain 30 days.
`• All discovery requests must be served early enough to allow for responses prior to
`the close of discovery. Trademark Rule 2.120. Duty to supplement discovery
`responses will continue after the close of discovery.
`• Motions to compel initial disclosures must be filed within 30 days after the deadline
`for serving initial disclosures. Trademark Rule 2.120.
`• Motions to compel discovery, motions to test the sufficiency of responses or
`objections, and motions for summary judgment must be filed prior to the first
`pretrial disclosure deadline. Trademark Rules 2.120 and 2.127.
`• Requests for production and requests for admission, as well as interrogatories, are
`each limited to 75. Trademark Rule 2.120.
`• Testimony may be submitted in the form of an affidavit or declaration. Trademark
`Rules 2.121, 2.123 and 2.125
`• New requirements for the submission of trial evidence and deposition transcripts.
`Trademark Rules 2.122, 2.123, and 2.125.
`• For proceedings filed on or after January 14, 2017, in addition to the changes set
`forth above, the Board’s notice of institution constitutes service of complaints.
`Trademark Rules 2.105(a) and 2.113(a).
`
`
`This is only a summary of the significant content of the Final Rule. All parties involved in
`or contemplating filing a Board proceeding, regardless of the date of commencement of the
`proceeding, should read the entire Final Rule.
`--------------------
`
`
`The request to extend time to oppose is granted until 9/2/2017 on behalf of
`
`potential opposer Kimball Piano USA, Inc..
`
`Please do not hesitate to contact the Trademark Trial and Appeal Board at
`
`(571)272-8500 if you have any questions relating to this extension.
`
`
`
`2
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Exhibit B
`Exhibit B
`
`

`

`Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA842734
`08/30/2017
`
`ESTTA Tracking number:
`
`Filing date:
`
`Applicant:
`
`Application Serial Number:
`
`Application Filing Date:
`
`Mark:
`
`Date of Publication
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`PANASONIC CORPORATION
`87214667
`10/25/2016
`TECHNICS
`07/04/2017
`
`60 Day Request for Extension of Time to Oppose for Good Cause
`
`Pursuant to 37 C.F.R. Section 2.102, Kimball Piano USA, Inc., 3415 W. Diversey Ave., Suite 124, Chicago, IL
`60647, UNITED STATES respectfully requests that he/she/it be granted an additional 60-day extension of
`time to file a notice of opposition against the above-identified mark for cause shown .
`Potential opposer believes that good cause is established for this request by:
`- The potential opposer needs additional time to investigate the claim
`The time within which to file a notice of opposition is set to expire on 09/02/2017. Kimball Piano USA, Inc. re-
`spectfully requests that the time period within which to file an opposition be extended until 11/01/2017.
`Respectfully submitted,
`/Edward F. Richards/
`08/30/2017
`Edward F. Richards
`Kimball Piano USA, Inc.
`3415 W. Diversey Ave., Suite 124
`Chicago, IL 60647
`UNITED STATES
`info@kimballpianousa.com, edwardrichards@juno.com, johneichler@netzero.net, eichler-
`john@msn.com
`
`

`

`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`General Contact Number: 571-272-8500
`
`
`
`
`
`Edward F. Richards
`Kimball Piano USA, Inc.
`3415 W. Diversey Ave., Suite 124
`Chicago, IL 60647
`
`
`August 30, 2017
`
`Serial No.: 87214667
`
`
`ESTTA TRACKING NO: ESTTA842734
`
`NOTICE: CHANGES TO THE TRADEMARK TRIAL AND APPEAL BOARD (“BOARD”)
`RULES OF PRACTICE EFFECTIVE JANUARY 14, 2017
`
`The USPTO published a Notice of Final Rulemaking in the Federal Register on October 7
`2016, at 81 Fed. Reg. 69950. It sets forth several amendments to the rules that govern
`inter partes (oppositions, cancellations, concurrent use) and ex parte appeal proceedings. A
`correction to the final rule was published on December 12, 2016, at 81 Fed. Reg. 89382.
`
`For complete information, the parties are referred to:
`• The Board’s home page on the uspto.gov website: http://www.uspto.gov/trademarks-
`application-process/trademark-trial-and-appeal-board-ttab
`• The final rule:
`http://www.uspto.gov/sites/default/files/documents/81%20FR%2069950.pdf
`• The correction to the final rule:
`http://www.uspto.gov/sites/default/files/documents/81%20FR%2089382.pdf
`• A chart summarizing the affected rules and changes:
`http://www.uspto.gov/sites/default/files/documents/2017Rulechangehighlights.pdf
`
`
`For all proceedings, including those already in progress on January 14, 2017, some of
`the changes are:
`• All pleadings and submissions must be filed through ESTTA. Trademark Rules
`2.101, 2.102, 2.106, 2.111, 2.114, 2.121, 2.123, 2.126, 2.190 and 2.191.
`• Service of all papers must be made by email, unless otherwise stipulated.
`Trademark Rule 2.119.
`
`

`

`• Response periods are no longer extended by five days for service by first-class mail,
`Priority Mail Express®, or overnight courier. Trademark Rule 2.119.
`• Deadlines for submissions to the Board that are initiated by a date of service are 20
`days. Trademark Rule 2.119. Responses to motions for summary judgment remain
`30 days. Similarly, deadlines for responses to discovery requests remain 30 days.
`• All discovery requests must be served early enough to allow for responses prior to
`the close of discovery. Trademark Rule 2.120. Duty to supplement discovery
`responses will continue after the close of discovery.
`• Motions to compel initial disclosures must be filed within 30 days after the deadline
`for serving initial disclosures. Trademark Rule 2.120.
`• Motions to compel discovery, motions to test the sufficiency of responses or
`objections, and motions for summary judgment must be filed prior to the first
`pretrial disclosure deadline. Trademark Rules 2.120 and 2.127.
`• Requests for production and requests for admission, as well as interrogatories, are
`each limited to 75. Trademark Rule 2.120.
`• Testimony may be submitted in the form of an affidavit or declaration. Trademark
`Rules 2.121, 2.123 and 2.125
`• New requirements for the submission of trial evidence and deposition transcripts.
`Trademark Rules 2.122, 2.123, and 2.125.
`• For proceedings filed on or after January 14, 2017, in addition to the changes set
`forth above, the Board’s notice of institution constitutes service of complaints.
`Trademark Rules 2.105(a) and 2.113(a).
`
`
`This is only a summary of the significant content of the Final Rule. All parties involved in
`or contemplating filing a Board proceeding, regardless of the date of commencement of the
`proceeding, should read the entire Final Rule.
`--------------------
`
`
`The request to extend time to oppose is granted until 11/1/2017 on behalf of
`
`potential opposer Kimball Piano USA, Inc..
`
`Please do not hesitate to contact the Trademark Trial and Appeal Board at
`
`(571)272-8500 if you have any questions relating to this extension.
`
`
`
`2
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Exhibit C
`
`Exhibit C
`
`

`

`11/1/2017
`
`Print | Close Window
`
`Workspace Webmail :: Print
`
`
`
`Subject: Serial number 87667656: Received Your Trademark/Service Mark Application, Principal Register
`From: TEAS@uspto.gov
`Date: Wed, Nov 01, 2017 10:44 am
`To: info@kimballpianousa.com
`
`Filing Receipt for Trademark/Service Mark Application for Registration
`
`on the Principal Register
`
`and Next Steps in the Application Process
`
`
`Thank you for submitting your trademark application to the U.S. Patent and Trademark Office (USPTO). This filing receipt
`confirms your mark and serial number, describes next steps in the application process, and includes the information submitted in
`your application. Please read this receipt carefully and keep a copy for your records.
`
`
`For an overview of important things to know after filing your application, visit our website to read the After You File page and
`watch video number 9 "After You File."
`
`1. Your mark. Technics (Standard Characters, mark.jpg)
`
`The literal element of the mark consists of Technics. The mark consists of standard characters, without claim to any particular
`font, style, size, or color.
`
`
`2. Your serial number. Your application was assigned serial number '87667656'. You must refer to your serial number in all
`communications about your application.
`
`3. What happens next—legal examination. Your mark will not be registered automatically. In approximately three months,
`your application will be assigned to a USPTO examining attorney for review. The attorney will determine if your application meets
`all applicable legal requirements, and if it doesn't you will be notified in an email with a link to the official Office action (official
`letter from the USPTO). Visit our website for an explanation of application process timelines.
`
`
`If your mark includes a design element, we will assign it one or more design search codes. We will notify you of these codes
`within the next few weeks and you can suggest that we add or delete a design search code from your file.
`
`4. Keep your addresses current in USPTO records. We do not extend filing deadlines if you do not receive USPTO mail or
`email. If your postal address or email address changes, you must update the correspondence or owner's address using the
`address forms on our website.
`
`5. Check your application status in our database every three to four months. To be sure that you don't miss an important
`email from us, and to avoid the possible abandonment of your application, check your application status and review your
`documents in our database, Trademark Status and Document Retrieval (TSDR), every three to four months.
`
`6. Warning about private companies offering trademark-related services. Private companies may send you communications
`that resemble official USPTO communications. These private companies are not associated with the USPTO. All official
`correspondence will be from the "United States Patent and Trademark Office" in Alexandria, Virginia, and from emails with the
`domain "uspto.gov." If you are unsure about whether the correspondence is from us, check your records in our database, TSDR.
`Visit our website for more information on trademark-related communications that may resemble official USPTO communications.
`
`7. Questions? Please visit our website, email us, or call us at 1-800-786-9199 and select option 1.
`
`8. Application data. If you find an error in the data below, visit the After You File page on our website for information on
`correcting errors.
`
`
`The information submitted in the application appears below:
`
`
`
`Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information
`unless it displays a valid OMB control number.
`PTO Form 1478 (Rev 09/2006)
`OMB No. 0651-0009 (Exp 02/28/2018)
`
`
`Trademark/Service Mark Application, Principal Register
`TEAS Plus Application
`NOTE: Data fields with the * are mandatory. The wording "(if applicable)" appears where the field is only mandatory under
`the facts of the particular application.
`
`The table below presents the data as entered.
`
`https://email12.godaddy.com/view_print_multi.php?uidArray=1569|INBOX&aEmlPart=0
`
`1/5
`
`

`

`11/1/2017
`
`Workspace Webmail :: Print
`
`
`Input Field
`TEAS Plus
`MARK INFORMATION
`*MARK
`*STANDARD CHARACTERS
`USPTO-GENERATED IMAGE
`LITERAL ELEMENT
`
`*MARK STATEMENT
`
`Entered
`YES
`
`mark.jpg
`
`YES
`
`YES
`
`Technics
`
`The mark consists of standard characters, without claim to any
`particular font style, size, or color.
`
`Kimball Piano USA, Inc.
`
`3415 W. Diversey Ave., Suite 124
`
`Chicago
`
`Illinois
`
`United States
`
`60647
`
`info@kimballpianousa.com
`
`Yes
`
`CORPORATION
`
`025
`
`T-shirts
`
`SECTION 1(a)
`
`APPLICANT INFORMATION
`*OWNER OF MARK
`*STREET
`*CITY
`*STATE
`
`(Required for U.S. applicants)
`*COUNTRY
`*ZIP/POSTAL CODE
`
`(Required for U.S. applicants)
`EMAIL ADDRESS
`AUTHORIZED TO COMMUNICATE VIA
`EMAIL
`LEGAL ENTITY INFORMATION
`*TYPE
`* STATE/COUNTRY OF INCORPORATION Nevada
`GOODS AND/OR SERVICES AND BASIS INFORMATION
`*INTERNATIONAL CLASS
`*IDENTIFICATION
`*FILING BASIS
` FIRST USE ANYWHERE DATE
` FIRST USE IN COMMERCE DATE
` SPECIMEN
`
` FILE NAME(S)
` SPECIMEN DESCRIPTION
`ADDITIONAL STATEMENTS SECTION
`*TRANSLATION
`(if applicable)
`*TRANSLITERATION
`(if applicable)
`*CLAIMED PRIOR REGISTRATION
`
`(if applicable)
`*CONSENT (NAME/LIKENESS)
`(if applicable)
`
`At least as early as 02/03/2015
`
`At least as early as 04/04/2015
`
`SPE0-1-61153182202-201711 01103737082643_._Technics _T-
`shirt_Specimen.JPG
`
`photo of t-shirt bearing the mark
`
`
`
`
`
`The applicant claims ownership of active prior U.S. Registration
`Number(s) 3548924.
`
`https://email12.godaddy.com/view_print_multi.php?uidArray=1569|INBOX&aEmlPart=0
`
`2/5
`
`

`

`11/1/2017
`
`Workspace Webmail :: Print
`
`Input Field
`*CONCURRENT USE CLAIM
`(if applicable)
`CORRESPONDENCE INFORMATION
`*NAME
`FIRM NAME
`*STREET
`*CITY
`*STATE
`(Required for U.S. addresses)
`*COUNTRY
`*ZIP/POSTAL CODE
`*EMAIL ADDRESS
`*AUTHORIZED TO COMMUNICATE VIA
`EMAIL
`FEE INFORMATION
`APPLICATION FILING OPTION
`NUMBER OF CLASSES
`APPLICATION FOR REGISTRATION PER
`CLASS
`*TOTAL FEE PAID
`SIGNATURE INFORMATION
`* SIGNATURE
`* SIGNATORY'S NAME
`* SIGNATORY'S POSITION
`* DATE SIGNED
`
`Entered
`
`
`
`Kimball Piano USA, Inc.
`
`Kimball Piano USA, Inc.
`
`3415 W. Diversey Ave., Suite 124
`
`Chicago
`
`Illinois
`
`United States
`
`60647
`
`info@kimballpianousa.com;edwardrichards@juno.com
`
`Yes
`
`TEAS Plus
`
`1
`
`225
`
`225
`
`/Edward F. Richards/
`
`Edward F. Richards
`
`President
`
`11/01/2017
`
`https://email12.godaddy.com/view_print_multi.php?uidArray=1569|INBOX&aEmlPart=0
`
`3/5
`
`

`

`11/1/2017
`Workspace Webmail :: Print
`Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it
`displays a valid OMB control number.
`PTO Form 1478 (Rev 09/2006)
`OMB No. 0651-0009 (Exp 02/28/2018)
`
`Trademark/Service Mark Application, Principal Register
`
`
`
`TEAS Plus Application
`
`Serial Number: 87667656
`Filing Date: 11/01/2017
`
`To the Commissioner for Trademarks:
`
`
`
`
`
`
`The applicant, Kimball Piano USA, Inc., a corporation of Nevada, having an address of
` 3415 W. Diversey Ave., Suite 124
`
` Chicago, Illinois 60647
`
` United States
`
` info@kimballpianousa.com
`
`
`requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the
`Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:
`
`International Class 025: T-shirts
`
`
`Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The
`applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in
`connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character
`format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being
`claimed as a feature of the mark.
`
`
`In International Class 025, the mark was first used by the applicant or the applicant's related company or licensee predecessor in
`interest at least as early as 02/03/2015, and first used in commerce at least as early as 04/04/2015, and is now in use in such
`commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection
`with any item in the class of listed goods/services, consisting of a(n) photo of t-shirt bearing the mark.
`Specimen-1 [SPE0-1-61153182202-20171101103737082643_._Technics_T-shirt_Specimen.JPG ]
`
`
`Claim of Active Prior Registration(s)
`
`The applicant claims ownership of active prior U.S. Registration Number(s) 3548924.
`
`
`The applicant's current Correspondence Information:
` Kimball Piano USA, Inc.
` Kimball Piano USA, Inc.
` 3415 W. Diversey Ave., Suite 124
` Chicago, Illinois 60647
` info@kimballpianousa.com;edwardrichards@juno.com (authorized)
`
`
`E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or the
`applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand
`that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant
`subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will
`result in the loss of TEAS Plus status and a requirement to submit an additional processing fee of $125 per international class
`of goods/services.
`
`
`
`
`
`
`
` A
`
`
`
`
`
` fee payment in the amount of $225 has been submitted with the application, representing payment for 1 class(es).
`
`
`
`Declaration
`
`Basis:
`
`If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a):
`
`The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered;
`
`https://email12.godaddy.com/view_print_multi.php?uidArray=1569|INBOX&aEmlPart=0
`
`4/5
`
`

`

`11/1/2017
`
`Workspace Webmail :: Print
`The mark is in use in commerce on or in connection with the goods/services in the application;
`The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and
`To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
`
`AND/OR
`
`If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. §
`1051(b), § 1126(d), and/or § 1126(e):
`
`The signatory believes that the applicant is entitled to use the mark in commerce;
`The applicant has a bona fide intention to use the mark in commerce on or in connection with the
`goods/services in the application; and
`To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
`
`To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have
`the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when
`used on or in connection with the goods/services of such other persons, to cause confusion or mistake