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ESTTA Tracking number: ESTTA277973
Filing date: 04/14/2009
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 K. Hansotia & Co.
Granted to Date 04/15/2009
of previous
extension
Address 3705 N.W. 115 Avenue
Miami, FL 33178
UNITED STATES

Attorney Peter A. Chiabotti

information Akerman Senterfitt
222 Lakeview Avenue Suite 400
West Palm Beach, FL 33401-6147
UNITED STATES
peter.chiabotti@akerman.com, ip@akerman.com Phone:561-653-5000

Applicant Information
Application No 77506347 Publication date 12/16/2008
Opposition Filing 04/14/2009 Opposition 04/15/2009
Date Period Ends
Applicant Maywood, Albert J
7895 Ashbrook Dr
Haslett, MI 48840
UNITED STATES

Goods/Services Affected by Opposition

Class 034. First Use: 2008/05/00 First Use In Commerce: 2008/06/02
All goods and services in the class are opposed, namely: Cigar bands; Cigars; Tobacco; Tobacco,
cigars and cigarettes

Grounds for Opposition

Priority and likelihood of confusion Trademark Act section 2(d)

Marks Cited by Opposer as Basis for Opposition

U.S. Registration 3597255 Application Date 12/14/2007
No.
Registration Date 03/31/2009 Foreign Priority NONE
Date
Word Mark DRAGON
Design Mark

Description of NONE
Mark
Goods/Services Class 034. First use: First Use: 2006/11/00 First Use In Commerce: 2007/07/12
Cigars

U.S. Application 77351977 Application Date 12/14/2007

No.
Registration Date NONE Foreign Priority NONE
Date
Word Mark IMPERIAL DRAGON
Design Mark

Description of NONE
Mark
Goods/Services Class 034. First use:
Cigars

U.S. Application 77351990 Application Date 12/14/2007

No.
Registration Date NONE Foreign Priority NONE
Date
Word Mark ROYAL DRAGON
Design Mark

Description of NONE
Mark
Goods/Services Class 034. First use:
Cigars

U.S. Application 77351999 Application Date 12/14/2007

No.
Registration Date NONE Foreign Priority NONE
Date
Word Mark RED DRAGON
Design Mark

Description of NONE
Mark
Goods/Services Class 034. First use:
Cigars

U.S. Application 77451704 Application Date 04/18/2008

No.
Registration Date NONE Foreign Priority NONE
Date
Word Mark DRAGON FIRE
 Design Mark

Description of NONE
Mark
Goods/Services Class 034. First use: First Use: 2006/03/05 First Use In Commerce: 2006/03/05
Cigars

Attachments 77352021#TMSN.jpeg ( 1 page )( bytes )

77351977#TMSN.jpeg ( 1 page )( bytes )
77351990#TMSN.jpeg ( 1 page )( bytes )
77351999#TMSN.jpeg ( 1 page )( bytes )
77451704#TMSN.jpeg ( 1 page )( bytes )
7473-149 Opp.pdf ( 9 pages )(181030 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 /Peter A. Chiabotti/

Name Peter A. Chiabotti
Date 04/14/2009
 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

In the matter of U.S. Trademark Application Serial No.: 77/506,347

Filed: June 24, 2008
For the mark: Silk Dragon Cigars
Published in the Official Gazette: December 16, 2008

K. Hansotia & Co., Inc.,

a corporation of Florida,

Opposer
v. Opposition No.

Albert J. Maywood,
an individual,
Applicant.

NOTICE OF OPPOSITION
K. Hansotia & Co. Inc., a corporation of Florida, having a place of business at 3705
N.W. 115 Avenue Bay #5, Miami, Florida 33178 ( “KHC” or “Opposer”), believes it will be
damaged by the issuance of a trademark registration to Albert J. Maywood, an individual,
who has an address of 7895 Ashbrook Drive, Haslett, Michigan 48840 ( “Applicant” or
“Maywood”), for U.S. Trademark Application No. 77/506,347 for SILK DRAGON CIGARS
and hereby opposes registration under the provisions of 15 U.S.C. §1063 of the Trademark
Act of 1946, as amended (the “Lanham Act”). U.S. Trademark Application No. 77/506,347
published for opposition in the Official Gazette on December 16, 2008 and the Trademark
Trial and Appeal Board granted one Request for Extension of Time to Oppose, pursuant to
which the Notice of Opposition submission deadline now is April 15, 2009. Accordingly,
this Notice of Opposition is timely filed.
As grounds for the opposition, Opposer alleges that:
1. On June 24, 2008, Applicant filed U.S. Trademark Application No.
77/506,347 for SILK DRAGON CIGARS for “cigar bands; cigars; tobacco; tobacco, cigars
and cigarettes” under Section 1(a) of the Lanham Act in International Class 34 (the
“Application”) seeking to obtain registration on the Principal Register.

{WP456860;1}
Opposition No. _____________
Application Serial No.: 77/506,347
Notice of Opposition
Docket: 7473-149
Page 2 of 5

2. Prior to Applicant’s stated May of 2008 first use date and prior to Applicant’s
stated June 2, 2008 first use in commerce date, KHC adopted and continuously, without
interruption, used its DRAGON trademark and its DRAGON FIRE trademark in connection
with cigars in interstate commerce by prominently featuring the trademarks on cigars (the
“DRAGON Common Law Marks”).
3. The DRAGON Common Law Marks, as used by KHC in connection with
cigars, are inherently distinctive, or in the alternative, the DRAGON Common Law Marks,
as used by KHC in connection with cigars, acquired distinctiveness prior to Applicant’s
stated May of 2008 first use date and prior to Applicant’s stated June 2, 2008 first use in
commerce date. Thus, the Opposer has priority of common law trademark rights in the
DRAGON Common Law Marks.
4. Opposer has obtained U.S. Trademark Registration No. 3,597,255 for
DRAGON for use in connection with cigars in International Class 34 (the DRAGON
Common Law Marks and U.S. Trademark Registration No. 3,597,255 collectively referred to
as the “DRAGON Marks”); the foregoing registration is valid, subsisting, and in full force
and effect. See Composite Exhibit A, enclosing current printouts of information from the
electronic database records of the USPTO showing the current status and title of U.S.
Trademark Registration No. 3,597,255 in accordance with 37 C.F.R. §2.122(d)(1).
5. Opposer also has multiple pending Applications for its family of “DRAGON”
marks, including the following family of marks:
A. U.S. Trademark Application No. 77/351,977 for IMPERIAL
DRAGON for use in connection with cigars in International Class 34, filed December 14,
2007 and having a Notice of Allowance mailed on April 7, 2009;
B. U.S. Trademark Application No. 77/351,990 for ROYAL DRAGON
for use in connection with cigars in International Class 34, filed December 14, 2007 and
having a Notice of Allowance mailed on April 7, 2009;
C. U.S. Trademark Application No. 77/351,999 for RED DRAGON for
use in connection with cigars in International Class 34, filed on December 14, 2007 and
having a Notice of Allowance mailed on April 7, 2009; and

{WP456860;1}
Opposition No. _____________
Application Serial No.: 77/506,347
Notice of Opposition
Docket: 7473-149
Page 3 of 5

D. U.S. Trademark Application No. 77/451,704 for DRAGON FIRE for

use in connection with cigars in International Class 34, filed on April 18, 2008 (collectively,
the “DRAGON Applications”).
6. The DRAGON Marks have been displayed on Opposer’s products, and
displayed in promotional and advertising materials related thereto, in the United States. As a
consequence, the DRAGON Marks are widely recognized as an indicator of the source of
origin for Opposer’s goods.
7. The goods set forth in the Application are identical and related to those offered
by Opposer under the DRAGON Marks and the DRAGON Applications. Furthermore, on
information and belief, Applicant’s goods will be offered to a similar class of consumers who
purchase the goods in connection with which Opposer uses its DRAGON Marks and will be
offered through the same channels of trade.
8. The applied-for mark SILK DRAGON CIGARS is confusingly similar to the
Opposer’s DRAGON Marks and the DRAGON Applications in terms of its sight, sound,
meaning and overall commercial impression. As a result, it is likely to cause confusion,
mistake, and deception as to an affiliation, connection or association between Opposer and
Applicant, or as to the origin, sponsorship or approval of Applicant’s goods and other
commercial activities, all to Opposer’s detriment, thereby causing Opposer damage.
Potential customers are likely to believe that Applicant’s goods originate from, or are
sponsored or approved by, Opposer, when such is not the case.
9. Applicant is not affiliated with or connected in any way to Opposer and
Opposer has not consented to Applicant’s use of Opposer’s DRAGON Marks or the
DRAGON Applications.
10. If Applicant is granted the registration herein opposed, it would thereby obtain
a prima facie exclusive right to the use of the SILK DRAGON CIGARS mark, which would
be a further source of damage to Opposer.
11. WHEREFORE, Opposer believes that it will be damaged by the registration of
the mark SILK DRAGON CIGARS in the Application, and prays that this Opposition be
sustained, that Application Serial No. 77/506,347 be rejected and that the mark applied for
therein be refused registration on that basis.
{WP456860;1}
Opposition No. _____________
Application Serial No.: 77/506,347
Notice of Opposition
Docket: 7473-149
Page 4 of 5

Authorization is given to charge $300.00 for the filing fee for this Opposition to
Deposit Account No. 50-0951. Authorization is also given to charge any deficiencies, or
credit any overpayments, to Deposit Account No. 50-0951 throughout the pendency of this
Opposition.
Please direct all notices, pleadings and process regarding this matter to:
Peter A. Chiabotti, Esq.
AKERMAN SENTERFITT
222 Lakeview Avenue, Suite 400
West Palm Beach, FL 33401-6183
Main: 561.653.5000
Fax: 561.659.6313

Respectfully submitted

AKERMAN SENTERFITT

Date: April 14, 2009 /Peter A. Chiabotti/

Pablo Meles, Reg. No. 33,739
Peter A. Chiabotti, Reg. No. 54,603
Mammen ("Roy") P. Zachariah, Jr.
222 Lakeview Avenue, Suite 400
West Palm Beach, FL 33401-6183
Main: 561.653.5000
Fax: 561.659.6313

Attorneys for Opposer

{WP456860;1}
Opposition No. _____________
Application Serial No.: 77/506,347
Notice of Opposition
Docket: 7473-149
Page 5 of 5

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and complete copy of the foregoing Notice Of
Opposition has been served on Albert J. Maywood by mailing said true and complete copy
on the 14th of April, 2009, via First Class Mail, postage prepaid to:

Albert J. Maywood
7895 Ashbrook Drive
Haslett, MI 48840-8852

A courtesy true and complete copy of the foregoing Notice Of Opposition has been
served on G. Sal Gani by mailing said true and complete copy on the 14th of April, 2009, via
First Class Mail, postage prepaid to:

G. Sal Gani
G. Sal Gani PC
1005 S Washington Ave.
Lansing, MI 48910

/Mammen P. Zachariah/
Mammen ("Roy") P. Zachariah, Jr.

{WP456860;1}
 Composite Exhibit A

{WP456860;1}
Latest Status Info http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=77352021

Thank you for your request. Here are the latest results from the TARR web server.

This page was generated by the TARR system on 2009-04-14 15:18:05 ET

Serial Number: 77352021 Assignment Information Trademark Document Retrieval

Registration Number: 3597255

Mark

(words only): DRAGON

Standard Character claim: Yes

Current Status: Registered.

Date of Status: 2009-03-31

Filing Date: 2007-12-14

Transformed into a National Application: No

Registration Date: 2009-03-31

Register: Principal

Law Office Assigned: LAW OFFICE 109

If you are the applicant or applicant's attorney and have questions about this file, please contact the Trademark Assistance
Center at TrademarkAssistanceCenter@uspto.gov

Current Location: 650 -Publication And Issue Section

Date In Location: 2009-03-31

LAST APPLICANT(S)/OWNER(S) OF RECORD

1. K. Hansotia & Co., Inc.

Address:
K. Hansotia & Co., Inc.
3705 N.W. 115 Avenue, Bay #5
Miami, FL 33178
United States
Legal Entity Type: Corporation
State or Country of Incorporation: Florida

GOODS AND/OR SERVICES

International Class: 034

Class Status: Active
Cigars
Basis: 1(a)

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Latest Status Info http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=77352021

First Use Date: 2006-11-00

First Use in Commerce Date: 2007-07-12

ADDITIONAL INFORMATION

(NOT AVAILABLE)

MADRID PROTOCOL INFORMATION

(NOT AVAILABLE)

PROSECUTION HISTORY

NOTE: To view any document referenced below, click on the link to "Trademark Document Retrieval" shown near the top of this
page.

2009-03-31 - Registered - Principal Register

2009-01-13 - Published for opposition

2008-12-24 - Notice of publication

2008-12-10 - Law Office Publication Review Completed

2008-12-08 - Assigned To LIE

2008-12-03 - Approved for Pub - Principal Register (Initial exam)

2008-08-04 - Final refusal mailed

2008-08-03 - Final Refusal Written

2008-06-12 - Teas/Email Correspondence Entered

2008-06-12 - Communication received from applicant

2008-06-12 - TEAS Response to Office Action Received

2007-12-27 - Non-final action mailed

2007-12-26 - Non-Final Action Written

2007-12-21 - Assigned To Examiner

2007-12-19 - New Application Entered In Tram

ATTORNEY/CORRESPONDENT INFORMATION

Attorney of Record
Pablo Meles

Correspondent
PABLO MELES
AKERMAN SENTERFITT
222 LAKEVIEW AVE 4TH FL
WEST PALM BEACH, FL 33401-6147
Phone Number: (561) 653-5000
Fax Number: (561) 659-6313

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