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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov

ESTTA Tracking number:

ESTTA605532

Filing date:

05/21/2014

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

Petition for Cancellation

Notice is hereby given that the following party requests to cancel indicated registration.

Petitioner Information

Name

Tiger Tobacco, LLC

 

Entity

Limited Liability Company

Citizenship

Michigan

Address

35528

Mound Road

Sterling Heights, MI 48310

 

UNITED STATES

Attorney informa-

Arnold S. Weintraub

 

tion

The Weintraub Group, P.L.C.

24901

Northwestern Hwy Suite 311

 

Southfield, MI 48075 UNITED STATES ipdocket@weintraubgroup.com Phone:248-809-2005

Registration Subject to Cancellation

Registration No

3981874

Registration date

06/21/2011

Registrant

GOODSON INVESTMENTS, INC. 7575 N.W. 70 Street Miami, FL 33166 UNITED STATES

 

Goods/Services Subject to Cancellation

Class 034. First Use: 2010/04/07 First Use In Commerce: 2010/04/07 All goods and services in the class are cancelled, namely: CIGARETTES

Grounds for Cancellation

Abandonment

Trademark Act section 14

Attachments

20140521 Petition for Cancellation.pdf(33179 bytes ) Exhibit A of Petition for Cancellation.pdf(233991 bytes ) Exhibit B of Petition for Cancellation.pdf(53861 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

/s/Arnold S. Weintraub

Name

Arnold S. Weintraub

Date

05/21/2014

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

In re Registration No. 3981874 Mark: BANG BANG Registration Date: June 21, 2011

TIGER TOBACCO, LLC,

v.

Petitioner,

GOODSON INVESTMENTS, INC.,

Registrant.

PETITION FOR CANCELLATION

Tiger Tobacco, LLC. (“Petitioner”) is a Michigan company having an address at 35528

Mound Road, Sterling Heights, Michigan 48310.

To the best of Petitioner’s knowledge, and according to the U.S.P.T.O.’s last-listed

records associated with U.S. Registration No. 3981874 (the “Mark”), the name and address of

the owner of the registration is Goodson Investments, Inc., a Florida corporation having an

address at 7575 N.W. 70 Street, Miami, Florida 33166 (“Registrant”).

The Petitioner believes that the Registrant has abandoned the Mark and hereby petitions

to cancel the same.

The grounds for cancellation are as follows:

1. On information and belief, the Registrant has abandoned the Mark and is believed

to no longer be in business.

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2.

Petitioner has attempted to contact the Registrant in writing to inquire regarding

its desire to maintain and use the Mark. Correspondence was sent by Certified Mail to each and

every address the Petitioner could find associated with the Registrant and/or its principal,

Shlomo Ben-Tov, including the address on file with the U.S.P.T.O. This totaled three different

Florida addresses.

3. All three certified letters were returned as undeliverable and unable to forward.

Please see copies of the returned envelopes and tracking information attached as Exhibit A.

4. The telephone numbers listed as associated with the Registrant are no longer in

service.

5. A telephone call to the Registrant’s counsel of record, Oliver Ruiz, yielded

contact information for the Registrant that is also no longer accurate.

6. Registrant is the owner of Trademark Registration No. 3981874 for BANG

BANG in connection with cigarettes, having a date of first use in commerce of April 7, 2010.

(Exh. B)

7. The Registrant’s Trademark Registration No. 3981874 was filed as an intent-to-

use application on August 5, 2008, and was registered on June 21, 2011.

8. Although the Mark was used by the Registrant for a short period of time, it

appears that the Registrant is no longer conducting business and the Mark has been abandoned

for some time.

9. A call to several phone numbers listing products for sale that are identified with

the Mark revealed a response that the products were no longer available, although the websites

had not been updated in some time.

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10.

Petitioner filed an application for federal registration for its trademark BANG

BANG TOBACCO and design in connection with tobacco, namely, U.S. Application Serial No.

86025355.

11.

Petitioner has received an Office Action refusing registration of its mark because

of a likelihood of confusion with Registrant’s Mark.

12. Petitioner believes that Registrant is not using the Mark and has not used it in

some time, thereby abandoning the Mark.

WHEREFORE, Petitioner respectfully requests that Registration No. 3981874 be

cancelled and that this Petition for Cancellation be sustained in favor of Petitioner.

Dated: May 21, 2014

Respectfully submitted,

/s/Arnold S. Weintraub

Arnold S. Weintraub The Weintraub Group, P.L.C. 24901 Northwestern Hwy., Ste. 311 Southfield, Michigan 48075

248-809-2005

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CERTIFICATE OF SERVICE

I hereby certify that on May 21, 2014, a true and complete copy of the foregoing PETITION

FOR CANCELLATION, including Exhibits A-B, has been served on the Registrant by mailing

a true and correct copy to the Registrant at its address listed on record, via First Class Mail, at:

Goodson Investments, Inc.

7575 N.W. 70 Street

Miami, Florida 33166

and also on the last-listed Correspondence Address on record at the Registrant’s attorney:

Oliver A. Ruiz

Malloy & Malloy, PA

2800 S.W. 3 rd Ave.

Miami, FL 33129

/s/Yolanda Mendoza

Yolanda Mendoza The Weintraub Group, P.L.C. 24901 Northwestern Hwy., Ste. 311 Southfield, Michigan 48075

248-809-2005

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