Pynk Branded, LLCv.BleuLife Media & Entertainment Inc.Download PDFTrademark Trial and Appeal BoardJul 14, 2017No. 91220320 (T.T.A.B. Jul. 14, 2017) Copy Citation Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA758368 Filing date: 07/14/2016 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 91220320 Party Defendant BleuLife Media & Entertainment, Inc Correspondence Address KUSCHA HATAMI HP Law Group 1300 MONTECITO AVENUEUNIT NO. 20 MOUNTAIN VIEW, CA 94043 UNITED STATES hatami@legaledgelaw.com Submission Defendant's Notice of Reliance Filer's Name Kuscha Hatami Filer's e-mail hatami@legaledgelaw.com Signature /Kuscha Hatami/ Date 07/14/2016 Attachments 1. Reliance_opt_1.pdf(1763530 bytes ) 1. Reliance_opt_2.pdf(5158057 bytes ) 1 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE TRADEMARK TRIAL AND APPEAL BOARD Pynk Branded LLC, Opposer, v. Bleulife Media & Entertainment, Inc., Applicant. Cancellation No. 91220320 Mark(s): PYNK Serial No. 86/144,073 Publication Date: January 6, 2015 NOTICE OF RELIANCE Pursuant to 37 C.F.R. § 2.122(d)(2), Applicant, Bleulife Media & Entertainment, Inc., submits, and gives notice of its reliance on, the following U.S. trademark applications of Applicant and Opposer: Serial No. Date Filed Goods/Services Trial Ex. No. 86144073 12/16/2013 Class 16 for General feature magazine in the field of women's fashion and lifestyle, the foregoing to exclude the subject of careers and careers women 1 86520023 1/30/2015 Class 16 for Comic magazines; Comic strips appearing in Entertainment Magazines; General feature magazine in the field of Entertainment, Fashion, Sports and Politics; General feature magazines; Inflight magazines; Magazine columns about Entertainment, Fashion, Sports and Politics; Magazine departments in the field of Entertainment, Fashion, Sports and Politics; Magazine paper; Magazine sections in the field of Entertainment, Fashion, Sports and Politics; Magazine supplements to newspapers in the field of Entertainment, Fashion, Sports and Politics; Magazines featuring Entertainment, Fashion, Sports and Politics; Magazines in the field of Entertainment, Fashion, Sports and Politics; Newsletters, brochures, and magazines in the fields of securities, options, bonds and other financial instruments; Printed magazines and newsletters in the field of general human interest; Printed matter, namely, newspapers, photographs, magazines, books, printed periodicals, newsletters, and brochures all in the fields of securities, options and other financial instruments; Syndicated magazine sections dealing with Entertainment, Fashion, Sports and Politics. Class 35 for Advertising and publicity services, namely, promoting the goods, services, brand identity and commercial information and 2 2 news of third parties through print, audio, video, digital and on-line medium; Advertising and publicity services, namely, promoting the goods, services, brand identity and commercial information and news of third parties through Entertainment, Fashion, Sports and Politics; Advertising services, namely, creating corporate and brand identity for others; Advertising services, namely, promoting the brands, goods and services of others; Brand concept and brand development services for corporate and individual clients; Brand concept and brand development services for corporate clients; Brand development and evaluation services in the field of Entertainment, Fashion, Sports and Politics; Brand evaluation services; Brand imagery consulting services; Brand positioning services; Branding services, namely, consulting, development, management and marketing of brands for businesses and/or individuals; Concept and brand development in the Entertainment, Fashion, Sports and Politics; Concept and brand development services for corporate clients; Development of marketing strategies, concepts and tactics, namely, audience development, brand awareness, customer relations, online community building and digital word of mouth communications; Development of marketing strategies, concepts and tactics, namely, audience development, brand awareness, online community building and digital word of mouth communications; Event planning and management for marketing, branding, promoting or advertising the goods and services of others; Marketing and branding services, namely, providing customized communication programs to obtain consumer insights and develop branding strategies; Marketing and consulting services in the field of promoting and tracking the goods, services, and brands of others through all public communication means; Membership club services, namely, providing on-line information to members in the fields of branding, business development, business marketing, and marketing; On-line customer- based social media brand marketing services; Promoting, advertising and marketing of the brands, products, services and online websites of individuals, businesses and nonprofit organizations; Promoting, marketing and advertising the brands and goods of others related to all industries, through all public and private communication means, namely, promoting the brands and goods of others made in the United States; Social media strategy and marketing consultancy focusing on helping clients create and extend their product and brand strategies by building virally engaging marketing solutions. Class 41 for Charitable services, namely, providing educational materials in the nature of Entertainment, Fashion, Sports and Politics to the general public; Magazine publishing; Multimedia publishing of books, magazines, journals, software, games, music, and electronic publications; On-line library services, namely, providing electronic library services which feature newspapers, magazines, photographs and pictures via an on-line computer network; Providing a website featuring non-downloadable publications in the nature of Entertainment, Fashion, Sports and Politics in the field of Entertainment, Fashion, Sports and Politics; Providing a website 3 featuring resources, namely, a website featuring primarily non- downloadable publications in the nature of Entertainment, Fashion, Sports and Politics in the field of Entertainment, Fashion, Sports and Politics and also featuring non-downloadable software for the general public; Providing a website featuring resources, namely, non- downloadable publications in the nature of Entertainment, Fashion, Sports and Politics in the field of Entertainment, Fashion, Sports and Politics; Providing on-line magazines in the field of Entertainment, Fashion, Sports and Politics; Providing on-line non-downloadable general feature magazines; Publication of books, magazines, almanacs and journals; Publication of books, of magazines, of journals, of newspapers, of periodicals, of catalogs, of brochures; Publication of electronic magazines; Publication of magazines; Publication of texts, books, magazines and other printed matter; Publication of magazines; Publishing of books, magazines; Publishing of web magazines; Rental of magazines Attached, and marked as Applicant’s Exhibits 1 and 2, are trademark application and status copies of said Applications, showing their status, date filed, goods filed for, and dates of first use. Dated: July 14, 2016 Respectfully submitted, /Kuscha Hatami/ Kuscha Hatami, Esq. HP Law Group 1300 Montecito Avenue Unit 20 Mountain View, CA. 94043 Attorney for Applicant Bleulife Media & Entertainment, Inc. 4 CERTIFICATE OF SERVICE I hereby certify that a true and complete copy of Applicant’s NOTICE OF RELIANCE is being served by mailing a copy thereof, postage prepaid, by United States Postal Service addressed to the following individual(s), identified in the Notice of Opposition as the attorney(s) of record and correspondent(s) on this 14th day of July, 2016: Norman Keith White 198A Rogers Avenue Brooklyn, NY. 11225 Attorney for Opposer /Kuscha Hatami/ Kuscha Hatami Trial Exhibit 1 Mark Information Mark Literal Elements: PYNK Standard Character Claim: No Mark Drawing Type: 3 - AN ILLUSTRATION DRAWING WHICH INCLUDES WORD(S)/ LETTER(S)/NUMBER(S) Description of Mark: The mark consists of letters "PYNK" spelled out in black block letters with a splash of pink paint across it. Color Drawing: Yes Color(s) Claimed: The color(s) pink and black is/are claimed as a feature of the mark. Translation: The wording "PYNK" has no meaning in a foreign language. Design Search Code(s): 01.15.25 - Coal; Dust; Light rays; Spilling liquids; Pouring liquids; Sand; Liquids, spilling Goods and Services Note: The following symbols indicate that the registrant/owner has amended the goods/services: Brackets [..] indicate deleted goods/services; Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and Asterisks *..* identify additional (new) wording in the goods/services. For: General feature magazine in the field of women's fashion and lifestyle, the foregoing to exclude the subject of careers and careers women International Class(es): 016 - Primary Class U.S Class(es): 002, 005, 022, 023, 029, 037, 038, 050 Class Status: ACTIVE Basis: 1(a) First Use: May 01, 2011 Use in Commerce: Jun. 01, 2011 Basis Information (Case Level) Filed Use: Yes Currently Use: Yes Amended Use: No Filed ITU: No Currently ITU: No Amended ITU: No Filed 44D: No Currently 44D: No Amended 44D: No Filed 44E: No Currently 44E: No Amended 44E: No Generated on: This page was generated by TSDR on 2016-07-08 15:02:37 EDT Mark: PYNK US Serial Number: 86144073 Application Filing Date: Dec. 16, 2013 Filed as TEAS Plus: Yes Currently TEAS Plus: Yes Register: Principal Mark Type: Trademark Status: An opposition after publication is pending at the Trademark Trial and Appeal Board. For further information, see TTABVUE on the Trademark Trial and Appeal Board web page. Status Date: Jan. 22, 2015 Publication Date: Jan. 06, 2015 Filed 66A: No Currently 66A: No Filed No Basis: No Currently No Basis: No Current Owner(s) Information Owner Name: BleuLife Media & Entertainment, Inc Owner Address: 279 West 117th Street New York, NEW YORK 10026 UNITED STATES Legal Entity Type: CORPORATION State or Country Where Organized: DELAWARE Attorney/Correspondence Information Attorney of Record Attorney Name: Kuscha Hatami Attorney Primary Email Address: hatami@legaledgelaw.com Attorney Email Authorized: Yes Correspondent Correspondent Name/Address: KUSCHA HATAMI HP Law Group 1300 MONTECITO AVENUEUNIT NO. 20 MOUNTAIN VIEW, CALIFORNIA 94043 UNITED STATES Phone: 858-342-9621 Correspondent e- mail: hatami@legaledgelaw.com Correspondent e- mail Authorized: Yes Domestic Representative - Not Found Prosecution History Date Description Proceeding Number Mar. 04, 2015 ATTORNEY REVOKED AND/OR APPOINTED Mar. 04, 2015 TEAS REVOKE/APPOINT ATTORNEY RECEIVED Jan. 22, 2015 OPPOSITION INSTITUTED NO. 999999 220320 Jan. 22, 2015 OPPOSITION PAPERS RECEIVED AT TTAB Jan. 06, 2015 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED Jan. 06, 2015 PUBLISHED FOR OPPOSITION Dec. 17, 2014 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED Dec. 03, 2014 LAW OFFICE PUBLICATION REVIEW COMPLETED 77976 Nov. 25, 2014 APPROVED FOR PUB - PRINCIPAL REGISTER Nov. 06, 2014 TEAS/EMAIL CORRESPONDENCE ENTERED 77976 Nov. 06, 2014 CORRESPONDENCE RECEIVED IN LAW OFFICE 77976 Oct. 29, 2014 ASSIGNED TO LIE 77976 Oct. 27, 2014 TEAS REQUEST FOR RECONSIDERATION RECEIVED Oct. 14, 2014 ATTORNEY REVOKED AND/OR APPOINTED Oct. 14, 2014 TEAS REVOKE/APPOINT ATTORNEY RECEIVED Oct. 14, 2014 NOTIFICATION OF FINAL REFUSAL EMAILED Oct. 14, 2014 FINAL REFUSAL E-MAILED Oct. 14, 2014 FINAL REFUSAL WRITTEN 78477 Sep. 22, 2014 TEAS/EMAIL CORRESPONDENCE ENTERED 88889 Sep. 22, 2014 CORRESPONDENCE RECEIVED IN LAW OFFICE 88889 Sep. 22, 2014 TEAS RESPONSE TO OFFICE ACTION RECEIVED Mar. 25, 2014 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325 Mar. 25, 2014 NON-FINAL ACTION E-MAILED 6325 Mar. 25, 2014 NON-FINAL ACTION WRITTEN 78477 Mar. 24, 2014 ASSIGNED TO EXAMINER 78477 Dec. 31, 2013 NOTICE OF DESIGN SEARCH CODE AND PSEUDO MARK E-MAILED Dec. 28, 2013 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM Dec. 19, 2013 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information TM Staff Information TM Attorney: MCPHERSON RAYBURN, SHA Law Office Assigned: LAW OFFICE 105 File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Dec. 03, 2014 Proceedings Summary Number of Proceedings: 1 Type of Proceeding: Opposition Proceeding Number: 91220320 Filing Date: Jan 22, 2015 Status: Pending Status Date: Jan 22, 2015 Interlocutory Attorney: ELIZABETH A DUNN Defendant Name: BleuLife Media & Entertainment, Inc Correspondent Address: KUSCHA HATAMI HP Law Group 1300 MONTECITO AVENUEUNIT NO. 20 MOUNTAIN VIEW CA , 94043 UNITED STATES Correspondent e- mail: hatami@legaledgelaw.com Associated marks Mark Application Status Serial Number Registration Number PYNK Opposition Pending 86144073 Plaintiff(s) Name: Pynk Branded, LLC Correspondent Address: NORMAN KEITH WHITE 198A ROGERS AVENUE BROOKLYN NY , 11225 UNITED STATES Correspondent e- mail: keith@freeintegrated.com , keith@keithwhitelaw.com Prosecution History Entry Number History Text Date Due Date 1 FILED AND FEE Jan 22, 2015 2 NOTICE AND TRIAL DATES SENT; ANSWER DUE: Jan 22, 2015 Mar 03, 2015 3 PENDING, INSTITUTED Jan 22, 2015 4 D APPEARANCE / POWER OF ATTORNEY Mar 03, 2015 5 ANSWER Mar 03, 2015 6 CHANGE OF CORRESP ADDRESS Apr 01, 2015 7 P TESTIMONY Dec 17, 2015 8 D MOT TO STRIKE Dec 30, 2015 9 D MOT TO STRIKE Dec 30, 2015 10 SUSP PEND DISP OF OUTSTNDNG MOT Jan 06, 2016 11 P OPP/RESP TO MOTION Jan 13, 2016 12 PROCEEDINGS RESUMED May 02, 2016 13 CHANGE OF CORRESP ADDRESS May 23, 2016 14 UNDELIVERABLE MAIL Jun 20, 2016 PTO Form 1478 (Rev 9/2006) OMB No. 0651-0009 (Exp 12/31/2014) Trademark/Service Mark Application, Principal Register TEAS Plus Application Serial Number: 86144073 Filing Date: 12/16/2013 NOTE: Data fields with the * are mandatory under TEAS Plus. 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. Input Field Entered TEAS Plus YES MARK INFORMATION *MARK \\TICRS\EXPORT16\IMAGEOUT 16\861\440\86144073\xml1\ FTK0002.JPG *SPECIAL FORM YES USPTO-GENERATED IMAGE NO LITERAL ELEMENT PYNK *COLOR MARK YES *COLOR(S) CLAIMED (If applicable) The color(s) pink, black is/are claimed as a feature of the mark. *DESCRIPTION OF THE MARK (and Color Location, if applicable) The mark consists of letters PYNK spelled out in block letters with a splash of paint across. PIXEL COUNT ACCEPTABLE NO PIXEL COUNT 1000 x 694 REGISTER Principal APPLICANT INFORMATION *OWNER OF MARK BleuLife Media & Entertainment, Inc *STREET 279 West 117th Street *CITY New York *STATE (Required for U.S. applicants) New York *COUNTRY United States *ZIP/POSTAL CODE (Required for U.S. applicants only) 10026 PHONE 2125649570 FAX 2126005893 EMAIL ADDRESS devon@bleulife.com AUTHORIZED TO COMMUNICATE VIA EMAIL Yes WEBSITE ADDRESS www.pynkmag.com LEGAL ENTITY INFORMATION *TYPE CORPORATION * STATE/COUNTRY OF INCORPORATION Delaware GOODS AND/OR SERVICES AND BASIS INFORMATION *INTERNATIONAL CLASS 016 *IDENTIFICATION General feature magazine in the field of women's fashion and lifestyle; General feature magazines; Magazines in the field of women's fashion and lifestle; Printed magazines and newsletters in the field of general human interest; Printed matter, namely, newspapers, photographs, magazines, books, printed periodicals, newsletters, and brochures all in the fields of securities, options and other financial instruments *FILING BASIS SECTION 1(a) FIRST USE ANYWHERE DATE At least as early as 05/01/2011 FIRST USE IN COMMERCE DATE At least as early as 06/01/2011 SPECIMEN FILE NAME(S) \\TICRS\EXPORT16\IMAGEOUT 16\861\440\86144073\xml1\ FTK0003.JPG SPECIMEN DESCRIPTION Logo in use on cover of magazine ADDITIONAL STATEMENTS SECTION *TRANSLATION (if applicable) The wording PYNK has no meaning in a foreign language. *TRANSLITERATION (if applicable) *CLAIMED PRIOR REGISTRATION (if applicable) *CONSENT (NAME/LIKENESS) (if applicable) *CONCURRENT USE CLAIM (if applicable) MISCELLANEOUS STATEMENT The spelling of the mark is fabricated. What makes the mark distinct is the spelling and the use of sprayed coloring across the letters. CORRESPONDENCE INFORMATION *NAME BleuLife Media & Entertainment, Inc FIRM NAME BleuLife Media & Entertainment, Inc *STREET 279 West 117th Street *CITY New York *STATE (Required for U.S. applicants) New York *COUNTRY United States *ZIP/POSTAL CODE 10026 PHONE 2125649570 FAX 2126005893 *EMAIL ADDRESS devon@bleulife.com *AUTHORIZED TO COMMUNICATE VIA EMAIL Yes FEE INFORMATION NUMBER OF CLASSES 1 FEE PER CLASS 275 *TOTAL FEE PAID 275 SIGNATURE INFORMATION * SIGNATURE /Devon Johnson/ * SIGNATORY'S NAME Devon Johnson * SIGNATORY'S POSITION Owner SIGNATORY'S PHONE NUMBER 2125649570 * DATE SIGNED 12/16/2013 PTO Form 1478 (Rev 9/2006) OMB No. 0651-0009 (Exp 12/31/2014) Trademark/Service Mark Application, Principal Register TEAS Plus Application Serial Number: 86144073 Filing Date: 12/16/2013 To the Commissioner for Trademarks: MARK: PYNK (stylized and/or with design, see mark) The literal element of the mark consists of PYNK. The color(s) pink, black is/are claimed as a feature of the mark. The mark consists of letters PYNK spelled out in block letters with a splash of paint across. The applicant, BleuLife Media & Entertainment, Inc, a corporation of Delaware, having an address of 279 West 117th Street New York, New York 10026 United States 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: For specific filing basis information for each item, you must view the display within the Input Table. International Class 016: General feature magazine in the field of women's fashion and lifestyle; General feature magazines; Magazines in the field of women's fashion and lifestle; Printed magazines and newsletters in the field of general human interest; Printed matter, namely, newspapers, photographs, magazines, books, printed periodicals, newsletters, and brochures all in the fields of securities, options and other financial instruments In International Class 016, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 05/01/2011, and first used in commerce at least as early as 06/01/2011, 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 and/or services, consisting of a(n) Logo in use on cover of magazine. Specimen File1 The wording PYNK has no meaning in a foreign language. The spelling of the mark is fabricated. What makes the mark distinct is the spelling and the use of sprayed coloring across the letters. For informational purposes only, applicant's website address is: www.pynkmag.com The applicant's current Correspondence Information: BleuLife Media & Entertainment, Inc BleuLife Media & Entertainment, Inc 279 West 117th Street New York, New York 10026 2125649570(phone) 2126005893(fax) devon@bleulife.com (authorized) A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 class(es). Declaration The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements, and the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true. Signature: /Devon Johnson/ Date Signed: 12/16/2013 Signatory's Name: Devon Johnson Signatory's Position: Owner RAM Sale Number: 86144073 RAM Accounting Date: 12/16/2013 Serial Number: 86144073 Internet Transmission Date: Mon Dec 16 03:29:54 EST 2013 TEAS Stamp: USPTO/FTK-XX.XXX.XXX.XX-2013121603295464 7480-86144073-50078c845e654bb67ea3447649 fe28f62a7838e4cdbf2923c81a2242e6a8dbb0-C C-9122-20131216023823429052 Trial Exhibit 2 Mark Information Mark Literal Elements: PYNK Standard Character Claim: Yes. The mark consists of standard characters without claim to any particular font style, size, or color. Mark Drawing Type: 4 - STANDARD CHARACTER MARK Acquired Distinctiveness Claim: In whole Goods and Services Note: The following symbols indicate that the registrant/owner has amended the goods/services: Brackets [..] indicate deleted goods/services; Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and Asterisks *..* identify additional (new) wording in the goods/services. For: Comic magazines; Comic strips appearing in Entertainment Magazines; General feature magazine in the field of Entertainment, Fashion, Sports and Politics; General feature magazines; Inflight magazines; Magazine columns about Entertainment, Fashion, Sports and Politics; Magazine departments in the field of Entertainment, Fashion, Sports and Politics; Magazine paper; Magazine sections in the field of Entertainment, Fashion, Sports and Politics; Magazine supplements to newspapers in the field of Entertainment, Fashion, Sports and Politics; Magazines featuring Entertainment, Fashion, Sports and Politics; Magazines in the field of Entertainment, Fashion, Sports and Politics; Newsletters, brochures, and magazines in the fields of securities, options, bonds and other financial instruments; Printed magazines and newsletters in the field of general human interest; Printed matter, namely, newspapers, photographs, magazines, books, printed periodicals, newsletters, and brochures all in the fields of securities, options and other financial instruments; Syndicated magazine sections dealing with Entertainment, Fashion, Sports and Politics International Class(es): 016 - Primary Class U.S Class(es): 002, 005, 022, 023, 029, 037, 038, 050 Class Status: ACTIVE Basis: 1(a) First Use: Apr. 01, 2011 Use in Commerce: May 01, 2011 For: International Class 035: Advertising and publicity services, namely, promoting the goods, services, brand identity and commercial information and news of third parties through print, audio, video, digital and on-line medium; Advertising and publicity services, namely, promoting the goods, services, brand identity and commercial information and news of third parties through Entertainment, Fashion, Sports and Politics; Advertising services, namely, creating corporate and brand identity for others; Advertising services, namely, promoting the brands, goods and services of others; Brand concept and brand development services for corporate and individual clients; Brand concept and brand development services for corporate clients; Brand development and evaluation services in the field of Entertainment, Fashion, Sports and Politics; Brand evaluation services; Brand imagery consulting services; Brand positioning services; Branding services, namely, consulting, development, management and marketing of brands for businesses and/or individuals; Concept and brand development in the Entertainment, Fashion, Sports and Politics; Concept and brand development services for corporate clients; Development of marketing strategies, concepts and tactics, namely, audience development, brand awareness, customer relations, online community building and digital word of mouth communications; Development of marketing strategies, concepts and tactics, namely, audience development, brand awareness, online community building and digital word of mouth communications; Event planning and management for marketing, branding, promoting or advertising the goods and services of others; Marketing and branding services, namely, providing customized communication programs to obtain consumer insights and develop branding strategies; Generated on: This page was generated by TSDR on 2016-07-08 15:03:11 EDT Mark: PYNK US Serial Number: 86520023 Application Filing Date: Jan. 30, 2015 Filed as TEAS Plus: Yes Currently TEAS Plus: Yes Register: Principal Mark Type: Trademark, Service Mark Status: Suspension check completed. Application remains suspended. Status Date: Mar. 25, 2016 Marketing and consulting services in the field of promoting and tracking the goods, services, and brands of others through all public communication means; Membership club services, namely, providing on-line information to members in the fields of branding, business development, business marketing, and marketing; On-line customer-based social media brand marketing services; Promoting, advertising and marketing of the brands, products, services and online websites of individuals, businesses and nonprofit organizations; Promoting, marketing and advertising the brands and goods of others related to all industries, through all public and private communication means, namely, promoting the brands and goods of others made in the United States; Social media strategy and marketing consultancy focusing on helping clients create and extend their product and brand strategies by building virally engaging marketing solutions International Class(es): 035 - Primary Class U.S Class(es): 100, 101, 102 Class Status: ACTIVE Basis: 1(a) First Use: Apr. 01, 2011 Use in Commerce: May 01, 2011 For: Charitable services, namely, providing educational materials in the nature of Entertainment, Fashion, Sports and Politics to the general public; Magazine publishing; Multimedia publishing of books, magazines, journals, software, games, music, and electronic publications; On-line library services, namely, providing electronic library services which feature newspapers, magazines, photographs and pictures via an on-line computer network; Providing a website featuring non-downloadable publications in the nature of Entertainment, Fashion, Sports and Politics in the field of Entertainment, Fashion, Sports and Politics; Providing a website featuring resources, namely, a website featuring primarily non-downloadable publications in the nature of Entertainment, Fashion, Sports and Politics in the field of Entertainment, Fashion, Sports and Politics and also featuring non-downloadable software for the general public; Providing a website featuring resources, namely, non-downloadable publications in the nature of Entertainment, Fashion, Sports and Politics in the field of Entertainment, Fashion, Sports and Politics; Providing on-line magazines in the field of Entertainment, Fashion, Sports and Politics; Providing on-line non-downloadable general feature magazines; Publication of books, magazines, almanacs and journals; Publication of books, of magazines, of journals, of newspapers, of periodicals, of catalogs, of brochures; Publication of electronic magazines; Publication of magazines; Publication of texts, books, magazines and other printed matter; Publication of magazines; Publishing of books, magazines; Publishing of web magazines; Rental of magazines International Class(es): 041 - Primary Class U.S Class(es): 100, 101, 107 Class Status: ACTIVE Basis: 1(a) First Use: Apr. 01, 2011 Use in Commerce: May 01, 2011 Basis Information (Case Level) Filed Use: Yes Currently Use: Yes Amended Use: No Filed ITU: No Currently ITU: No Amended ITU: No Filed 44D: No Currently 44D: No Amended 44D: No Filed 44E: No Currently 44E: No Amended 44E: No Filed 66A: No Currently 66A: No Filed No Basis: No Currently No Basis: No Current Owner(s) Information Owner Name: Pynk Branded, LLC Owner Address: 725 Winter Avenue 725 Winter Uniondale, NEW YORK 11575 UNITED STATES Legal Entity Type: LIMITED LIABILITY COMPANY State or Country Where Organized: NEW YORK Attorney/Correspondence Information Attorney of Record Attorney Name: Norman Keith White Docket Number: 4054334 Attorney Primary Email Address: keith@freeintegrated.com Attorney Email Authorized: Yes Correspondent Correspondent Name/Address: NORMAN KEITH WHITE 198A ROGERS AVE BROOKLYN, NEW YORK 11225-1406 UNITED STATES Phone: 6463129459 Correspondent e- mail: keith@freeintegrated.com Correspondent e- mail Authorized: Yes Domestic Representative - Not Found Prosecution History Date Description Proceeding Number Mar. 25, 2016 REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED 59554 Mar. 25, 2016 ASSIGNED TO LIE 59554 Sep. 10, 2015 NOTIFICATION OF LETTER OF SUSPENSION E-MAILED 6332 Sep. 10, 2015 LETTER OF SUSPENSION E-MAILED 6332 Sep. 10, 2015 SUSPENSION LETTER WRITTEN 83187 Sep. 09, 2015 TEAS/EMAIL CORRESPONDENCE ENTERED 88889 Sep. 09, 2015 CORRESPONDENCE RECEIVED IN LAW OFFICE 88889 Sep. 09, 2015 TEAS RESPONSE TO OFFICE ACTION RECEIVED May 06, 2015 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325 May 06, 2015 NON-FINAL ACTION E-MAILED 6325 May 06, 2015 NON-FINAL ACTION WRITTEN 83187 May 05, 2015 ASSIGNED TO EXAMINER 83187 Feb. 11, 2015 NOTICE OF PSEUDO MARK E-MAILED Feb. 10, 2015 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM Feb. 03, 2015 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information TM Staff Information TM Attorney: HACK, ANDREA R Law Office Assigned: LAW OFFICE 108 File Location Current Location: TMEG LAW OFFICE 108 Date in Location: Mar. 25, 2016 PTO Form 1478 (Rev 9/2006) OMB No. 0651-0009 (Exp 02/28/2018) Trademark/Service Mark Application, Principal Register TEAS Plus Application Serial Number: 86520023 Filing Date: 01/30/2015 NOTE: Data fields with the * are mandatory under TEAS Plus. 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. Input Field Entered TEAS Plus YES MARK INFORMATION *MARK PYNK *STANDARD CHARACTERS YES USPTO-GENERATED IMAGE YES LITERAL ELEMENT PYNK *MARK STATEMENT The mark consists of standard characters, without claim to any particular font, style, size, or color. REGISTER Principal APPLICANT INFORMATION *OWNER OF MARK Pynk Branded, LLC INTERNAL ADDRESS 725 Winter Avenue *STREET 725 Winter *CITY Uniondale *STATE (Required for U.S. applicants) New York *COUNTRY United States *ZIP/POSTAL CODE (Required for U.S. applicants) 11575 PHONE 6463129459 EMAIL ADDRESS keith@freeintegrated.com LEGAL ENTITY INFORMATION *TYPE LIMITED LIABILITY COMPANY * STATE/COUNTRY WHERE LEGALLY ORGANIZED New York GOODS AND/OR SERVICES AND BASIS INFORMATION *INTERNATIONAL CLASS 016 *IDENTIFICATION Comic magazines; Comic strips appearing in Entertainment Magazines; General feature magazine in the field of Entertainment, Fashion, Sports and Politics; General feature magazines; Inflight magazines; Magazine columns about Entertainment, Fashion, Sports and Politics; Magazine departments in the field of Entertainment, Fashion, Sports and Politics; Magazine paper; Magazine sections in the field of Entertainment, Fashion, Sports and Politics; Magazine supplements to newspapers in the field of Entertainment, Fashion, Sports and Politics; Magazines featuring Entertainment, Fashion, Sports and Politics; Magazines in the field of Entertainment, Fashion, Sports and Politics; Newsletters, brochures, and magazines in the fields of securities, options, bonds and other financial instruments; Printed magazines and newsletters in the field of general human interest; Printed matter, namely, newspapers, photographs, magazines, books, printed periodicals, newsletters, and brochures all in the fields of securities, options and other financial instruments; Syndicated magazine sections dealing with Entertainment, Fashion, Sports and Politics *FILING BASIS SECTION 1(a) FIRST USE ANYWHERE DATE At least as early as 04/01/2011 FIRST USE IN COMMERCE DATE At least as early as 05/01/2011 SPECIMEN FILE NAME(S) \\TICRS\EXPORT16\IMAGEOUT 16\865\200\86520023\xml2\ FTK0003.JPG SPECIMEN DESCRIPTION First issue of PYNK Magazine, concieved, published and edited by Applicant. *INTERNATIONAL CLASS 035 *IDENTIFICATION Advertising and publicity services, namely, promoting the goods, services, brand identity and commercial information and news of third parties through print, audio, video, digital and on-line medium; Advertising and publicity services, namely, promoting the goods, services, brand identity and commercial information and news of third parties through Entertainment, Fashion, Sports and Politics; Advertising services, namely, creating corporate and brand identity for others; Advertising services, namely, promoting the brands, goods and services of others; Brand concept and brand development services for corporate and individual clients; Brand concept and brand development services for corporate clients; Brand development and evaluation services in the field of Entertainment, Fashion, Sports and Politics; Brand evaluation services; Brand imagery consulting services; Brand positioning services; Branding services, namely, consulting, development, management and marketing of brands for businesses and/or individuals; Concept and brand development in the Entertainment, Fashion, Sports and Politics; Concept and brand development services for corporate clients; Development of marketing strategies, concepts and tactics, namely, audience development, brand awareness, customer relations, online community building and digital word of mouth communications; Development of marketing strategies, concepts and tactics, namely, audience development, brand awareness, online community building and digital word of mouth communications; Event planning and management for marketing, branding, promoting or advertising the goods and services of others; Marketing and branding services, namely, providing customized communication programs to obtain consumer insights and develop branding strategies; Marketing and consulting services in the field of promoting and tracking the goods, services, and brands of others through all public communication means; Membership club services, namely, providing on-line information to members in the fields of branding, business development, business marketing, and marketing; On-line customer-based social media brand marketing services; Promoting, advertising and marketing of the brands, products, services and online websites of individuals, businesses and nonprofit organizations; Promoting, marketing and advertising the brands and goods of others related to all industries, through all public and private communication means, namely, promoting the brands and goods of others made in the United States; Social media strategy and marketing consultancy focusing on helping clients create and extend their product and brand strategies by building virally engaging marketing solutions *FILING BASIS SECTION 1(a) FIRST USE ANYWHERE DATE At least as early as 04/01/2011 FIRST USE IN COMMERCE DATE At least as early as 05/01/2011 SPECIMEN FILE NAME(S) ORIGINAL PDF FILE SPE0123456789101112-71125214227-20150130161641865941_._MBG_HH_Sponsorship_Agreement_8_30_11.pdf CONVERTED PDF FILE(S) (5 pages) \\TICRS\EXPORT16\IMAGEOUT16\865\200\86520023\xml2\FTK0004.JPG \\TICRS\EXPORT16\IMAGEOUT16\865\200\86520023\xml2\FTK0005.JPG \\TICRS\EXPORT16\IMAGEOUT16\865\200\86520023\xml2\FTK0006.JPG \\TICRS\EXPORT16\IMAGEOUT16\865\200\86520023\xml2\FTK0007.JPG \\TICRS\EXPORT16\IMAGEOUT16\865\200\86520023\xml2\FTK0008.JPG SPECIMEN DESCRIPTION branding agreement between Applicant and client where Applicant is providing the Branding services. *INTERNATIONAL CLASS 041 *IDENTIFICATION Charitable services, namely, providing educational materials in the nature of Entertainment, Fashion, Sports and Politics to the general public; Magazine publishing; Multimedia publishing of books, magazines, journals, software, games, music, and electronic publications; On-line library services, namely, providing electronic library services which feature newspapers, magazines, photographs and pictures via an on-line computer network; Providing a website featuring non-downloadable publications in the nature of Entertainment, Fashion, Sports and Politics in the field of Entertainment, Fashion, Sports and Politics; Providing a website featuring resources, namely, a website featuring primarily non-downloadable publications in the nature of Entertainment, Fashion, Sports and Politics in the field of Entertainment, Fashion, Sports and Politics and also featuring non-downloadable software for the general public; Providing a website featuring resources, namely, non-downloadable publications in the nature of Entertainment, Fashion, Sports and Politics in the field of Entertainment, Fashion, Sports and Politics; Providing on-line magazines in the field of Entertainment, Fashion, Sports and Politics; Providing on-line non- downloadable general feature magazines; Publication of books, magazines, almanacs and journals; Publication of books, of magazines, of journals, of newspapers, of periodicals, of catalogs, of brochures; Publication of electronic magazines; Publication of magazines; Publication of texts, books, magazines and other printed matter; Publication of magazines; Publishing of books, magazines; Publishing of web magazines; Rental of magazines *FILING BASIS SECTION 1(a) FIRST USE ANYWHERE DATE At least as early as 04/01/2011 FIRST USE IN COMMERCE DATE At least as early as 05/01/2011 SPECIMEN FILE NAME(S) \\TICRS\EXPORT16\IMAGEOUT 16\865\200\86520023\xml2\ FTK0009.JPG SPECIMEN DESCRIPTION shot of digital publication of the subject Pynk magazine ADDITIONAL STATEMENTS SECTION *TRANSLATION (if applicable) * TRANSLITERATION (if applicable) *CLAIMED PRIOR REGISTRATION (if applicable) *CONSENT (NAME/LIKENESS) (if applicable) *CONCURRENT USE CLAIM (if applicable) SECTION 2(f) Claim of Acquired Distinctiveness, based on Use The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement. SECTION 2(f) Claim of Acquired Distinctiveness, BASED ON EVIDENCE The mark has become distinctive of the goods/services, as demonstrated by the attached evidence. 2(f) EVIDENCE FILE NAME(S) \\TICRS\EXPORT16\IMAGEOUT 16\865\200\86520023\xml2\ FTK0010.JPG ATTORNEY INFORMATION NAME Norman Keith White ATTORNEY DOCKET NUMBER 4054334 STREET 198A Rogers Avenue CITY Brooklyn STATE New York COUNTRY United States ZIP/POSTAL CODE 11225 PHONE 6463129459 EMAIL ADDRESS keith@freeintegrated.com AUTHORIZED TO COMMUNICATE VIA EMAIL Yes CORRESPONDENCE INFORMATION *NAME Norman Keith White *STREET 198A Rogers Avenue *CITY Brooklyn *STATE (Required for U.S. applicants) New York *COUNTRY United States *ZIP/POSTAL CODE 11225 PHONE 6463129459 *EMAIL ADDRESS keith@freeintegrated.com *AUTHORIZED TO COMMUNICATE VIA EMAIL Yes FEE INFORMATION APPLICATION FILING OPTION TEAS Plus NUMBER OF CLASSES 3 FEE PER CLASS 225 *TOTAL FEE PAID 675 SIGNATURE INFORMATION * SIGNATURE /Norman Keith White/ * SIGNATORY'S NAME Norman Keith White * SIGNATORY'S POSITION Attorney SIGNATORY'S PHONE NUMBER 646-312-9459 * DATE SIGNED 01/30/2015 PTO Form 1478 (Rev 9/2006) OMB No. 0651-0009 (Exp 02/28/2018) Trademark/Service Mark Application, Principal Register TEAS Plus Application Serial Number: 86520023 Filing Date: 01/30/2015 To the Commissioner for Trademarks: MARK: PYNK (Standard Characters, see mark) The literal element of the mark consists of PYNK. The mark consists of standard characters, without claim to any particular font, style, size, or color. The applicant, Pynk Branded, LLC, a limited liability company legally organized under the laws of New York, having an address of 725 Winter Avenue, 725 Winter Uniondale, New York 11575 United States 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: For specific filing basis information for each item, you must view the display within the Input Table. International Class 016: Comic magazines; Comic strips appearing in Entertainment Magazines; General feature magazine in the field of Entertainment, Fashion, Sports and Politics; General feature magazines; Inflight magazines; Magazine columns about Entertainment, Fashion, Sports and Politics; Magazine departments in the field of Entertainment, Fashion, Sports and Politics; Magazine paper; Magazine sections in the field of Entertainment, Fashion, Sports and Politics; Magazine supplements to newspapers in the field of Entertainment, Fashion, Sports and Politics; Magazines featuring Entertainment, Fashion, Sports and Politics; Magazines in the field of Entertainment, Fashion, Sports and Politics; Newsletters, brochures, and magazines in the fields of securities, options, bonds and other financial instruments; Printed magazines and newsletters in the field of general human interest; Printed matter, namely, newspapers, photographs, magazines, books, printed periodicals, newsletters, and brochures all in the fields of securities, options and other financial instruments; Syndicated magazine sections dealing with Entertainment, Fashion, Sports and Politics In International Class 016, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 04/01/2011, and first used in commerce at least as early as 05/01/2011, 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) First issue of PYNK Magazine, concieved, published and edited by Applicant.. Specimen File1 For specific filing basis information for each item, you must view the display within the Input Table. International Class 035: Advertising and publicity services, namely, promoting the goods, services, brand identity and commercial information and news of third parties through print, audio, video, digital and on-line medium; Advertising and publicity services, namely, promoting the goods, services, brand identity and commercial information and news of third parties through Entertainment, Fashion, Sports and Politics; Advertising services, namely, creating corporate and brand identity for others; Advertising services, namely, promoting the brands, goods and services of others; Brand concept and brand development services for corporate and individual clients; Brand concept and brand development services for corporate clients; Brand development and evaluation services in the field of Entertainment, Fashion, Sports and Politics; Brand evaluation services; Brand imagery consulting services; Brand positioning services; Branding services, namely, consulting, development, management and marketing of brands for businesses and/or individuals; Concept and brand development in the Entertainment, Fashion, Sports and Politics; Concept and brand development services for corporate clients; Development of marketing strategies, concepts and tactics, namely, audience development, brand awareness, customer relations, online community building and digital word of mouth communications; Development of marketing strategies, concepts and tactics, namely, audience development, brand awareness, online community building and digital word of mouth communications; Event planning and management for marketing, branding, promoting or advertising the goods and services of others; Marketing and branding services, namely, providing customized communication programs to obtain consumer insights and develop branding strategies; Marketing and consulting services in the field of promoting and tracking the goods, services, and brands of others through all public communication means; Membership club services, namely, providing on-line information to members in the fields of branding, business development, business marketing, and marketing; On-line customer-based social media brand marketing services; Promoting, advertising and marketing of the brands, products, services and online websites of individuals, businesses and nonprofit organizations; Promoting, marketing and advertising the brands and goods of others related to all industries, through all public and private communication means, namely, promoting the brands and goods of others made in the United States; Social media strategy and marketing consultancy focusing on helping clients create and extend their product and brand strategies by building virally engaging marketing solutions In International Class 035, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 04/01/2011, and first used in commerce at least as early as 05/01/2011, 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) branding agreement between Applicant and client where Applicant is providing the Branding services.. Original PDF file: SPE0123456789101112-71125214227-20150130161641865941_._MBG_HH_Sponsorship_Agreement_8_30_11.pdf Converted PDF file(s) (5 pages) Specimen File1 Specimen File2 Specimen File3 Specimen File4 Specimen File5 For specific filing basis information for each item, you must view the display within the Input Table. International Class 041: Charitable services, namely, providing educational materials in the nature of Entertainment, Fashion, Sports and Politics to the general public; Magazine publishing; Multimedia publishing of books, magazines, journals, software, games, music, and electronic publications; On-line library services, namely, providing electronic library services which feature newspapers, magazines, photographs and pictures via an on-line computer network; Providing a website featuring non-downloadable publications in the nature of Entertainment, Fashion, Sports and Politics in the field of Entertainment, Fashion, Sports and Politics; Providing a website featuring resources, namely, a website featuring primarily non-downloadable publications in the nature of Entertainment, Fashion, Sports and Politics in the field of Entertainment, Fashion, Sports and Politics and also featuring non-downloadable software for the general public; Providing a website featuring resources, namely, non-downloadable publications in the nature of Entertainment, Fashion, Sports and Politics in the field of Entertainment, Fashion, Sports and Politics; Providing on-line magazines in the field of Entertainment, Fashion, Sports and Politics; Providing on-line non-downloadable general feature magazines; Publication of books, magazines, almanacs and journals; Publication of books, of magazines, of journals, of newspapers, of periodicals, of catalogs, of brochures; Publication of electronic magazines; Publication of magazines; Publication of texts, books, magazines and other printed matter; Publication of magazines; Publishing of books, magazines; Publishing of web magazines; Rental of magazines In International Class 041, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 04/01/2011, and first used in commerce at least as early as 05/01/2011, 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) shot of digital publication of the subject Pynk magazine. Specimen File1 SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement. SECTION 2(f) Claim of Acquired Distinctiveness, BASED ON EVIDENCE The mark has become distinctive of the goods/services, as demonstrated by the attached evidence. The applicant submits the following evidence to support the §2(f) claim: 2(f) evidence-1 The applicant's current Attorney Information: Norman Keith White 198A Rogers Avenue Brooklyn, New York 11225 United States The attorney docket/reference number is 4054334. The applicant's current Correspondence Information: Norman Keith White 198A Rogers Avenue Brooklyn, New York 11225 6463129459(phone) keith@freeintegrated.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or applicant's attorney at the e-mail address provided above. 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 an additional processing fee of $50 per international class of goods/services. A fee payment in the amount of $675 has been submitted with the application, representing payment for 3 class(es). Declaration The signatory believes that: if the applicant is filing the application under 15 U.S.C. Section 1051(a), the applicant is the owner of the trademark/service mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce on or in connection with the goods/services in the application, and such use by the applicant's related company or licensee inures to the benefit of the applicant; the specimen(s) shows the mark as used on or in connection with the goods/services in the application; and/or if the applicant filed an application under 15 U.S.C. Section 1051(b), Section 1126(d), and/or Section 1126(e), the applicant is entitled to use the mark in commerce; the applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the goods/services in the application. The signatory believes that to the best of the signatory's knowledge and belief, no other person has 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 person, to cause confusion or mistake, or to deceive. The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may jeopardize the validity of the application or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true. Signature: /Norman Keith White/ Date Signed: 01/30/2015 Signatory's Name: Norman Keith White Signatory's Position: Attorney RAM Sale Number: 86520023 RAM Accounting Date: 02/02/2015 Serial Number: 86520023 Internet Transmission Date: Fri Jan 30 17:08:20 EST 2015 TEAS Stamp: USPTO/FTK-XX.XXX.XXX.XXX-201501301708203 97052-86520023-530de6b4725df1e68b383ebaa 87f8c2d06e57fd97b9c0f948f13e7b1eb8c684aa 46-CC-4339-20150130161641865941 Copy with citationCopy as parenthetical citation