SIMILARITY
OF MARK
GROUNDS
FOR OPPOSITION
The
following are the grounds on which this opposition is based:
1. Opposer, _________________ (corporation A),
is a ____________________ (State) corporation located and doing business at
____________________________________
(Address) and, through its operating divisions, particularly its
____________________ Division located at
______________________________________________ (Address) 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 __________________ 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 US registrations thereof, copies of
which are attached hereto as 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) for _______ _______________ (Product or Products), and has
been using the feature __________ ___________________ as part of its marks
since in or about __________ (Year) for ____________________ (Product or
Products). As to the use of
_________________ _____________________ (trademark A), opposer first used such
mark for _________ ___________ (Product or Products) in __________ (Year), and
first used it in interstate commerce for ______________________ (Product or
Products) in __________ (Year).
7. Opposer has initiated steps to correct its
Registration Number ______ by filing in the United States Patent and Trademark
Office a request to allege _______ (Year) 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 opposer’s registered mark ___________________ (trademark A) and
other marks featuring prominently the term ___________________ shown in various
forms and combinations, that applicant’s goods are closely related to opposer’s
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 applicant’s 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 applicant’s 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 applicant’s 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 opposer’s valuable
good will and its registered mark ___________________, because this mark will
have an unfavorable connotation.
Furthermore, the use and registration of the mark
________________________ (trademark B) will dilute the distinctive character of
opposer’s valuable registered trademark ________________ (trademark A) and its
combination marks featuring the term _____________________. 12.
Applicant seeks to register the trademark ______________________
(trademark B) which so resembles opposer’s 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 _______________________________, having offices
at _____________________________________________________ (Address), the members
of which firm are _______________________________________ (List Members), 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.
