Pjs Not Of Opp

Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: Filing date:

ESTTA223700 07/11/2008

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

Peter H. Johnson Tatuaje Cigars Inc.

Granted to Date of previous extension

07/19/2008

Address

2169 Stanley Hills Drive Los Angeles, CA 90046 UNITED STATES PeterH.Johnson

Party who filed Extension of time to oppose Relationship to party who filed Extension of time to oppose

Peter H. Johnson is the owner of Tatuaje Cigars, Inc. and therefore is in privity with Tatuaje Cigars, Inc. On or about June 17, 2008, Peter H. Johnson filed and was granted an extension of time to oppose the subject application until July 20, 2008. On or about June 25, 2008, Peter H. Johnson assigned Registration No. 2,836,665 as well as of the business and goodwill connected therewith to Opposer including the right to pursue this Opposition. The assignment was recorded with the United States Patent and Trademark Office on July 9, 2008 on reel 003812, frame 0663.

Attorney information

Brennan C. Swain Jeffer Mangels Butler & Marmaro LLP 1900 Avenue of the Stars, 7th Floor Los Angeles, CA 90067 UNITED STATES [email protected] Phone:3102038080

Applicant Information Application No

77359141

Publication date

05/20/2008

Opposition Filing Date

07/11/2008

Opposition Period Ends

07/19/2008

Applicant

NICARAGUA TOBACCO IMPORTS, INC. 3604 N.W. 7TH STREET MIAMI, FL 33125 UNITED STATES

Goods/Services Affected by Opposition Class 034. All goods and services in the class are opposed, namely: Cigar and cigarette boxes; Cigar and cigarette boxes not of precious metal; Cigar bands; Cigar boxes; Cigar boxes not of precious metal; Cigar cases; Cigar cutters; Cigar holders; Cigar humidifiers; Cigar lighters; Cigar tubes; Cigars; Tobacco, cigars and cigarettes; Cigarillos

Grounds for Opposition Priority and likelihood of confusion

Trademark Act section 2(d)

Mark Cited by Opposer as Basis for Opposition U.S. Registration No.

2836665

Application Date

06/15/2003

Registration Date

04/27/2004

Foreign Priority Date

NONE

Word Mark

TATUAJE

Design Mark Description of Mark

NONE

Goods/Services

Class 034. First use: First Use: 2003/05/27 First Use In Commerce: 2003/05/27 Cigars

Attachments

686920003NoticeofOppposition.pdf ( 4 pages )(47566 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

/brennan c swain/

Name

Brennan C. Swain

Date

07/11/2008