Ttabvue 91188466 OPP 1 FUENTE Adv Starbuzz

Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.
gov
ESTTA Tracking number: ESTTA261671
Filing date: 01/21/2009
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 Fuente Marketing Ltd.
Granted to Date 01/21/2009
of previous
extension
Address Palm Grove House, PO Box 438, Road Town
Tortola, 00000
VIRGIN ISLANDS, BRITISH
Attorney Virginia L. Carron

information Finnegan
901 New York Avenue NW
Washington, DC 20001-4413
UNITED STATES
Virginia.Carron@finnegan.com Phone:404-653-6452
Applicant Information
Application No 77461834 Publication date 09/23/2008
Opposition Filing 01/21/2009 Opposition 01/21/2009
Date Period Ends
Applicant Starbuzz Tobacco, Inc.
Unit # A 1889 W. Commonwealth Street
Fullerton, CA 92833
UNITED STATES
Goods/Services Affected by Opposition

Class 034. First Use: 2005/11/02 First Use In Commerce: 2005/11/02
All goods and services in the class are opposed, namely: Pipe Tobacco, Tobacco, Smoking Tobacco,
Flavored Tobacco, Molasses Tobacco
Grounds for Opposition

Priority and likelihood of confusion Trademark Act section 2(d)
Marks Cited by Opposer as Basis for Opposition

U.S. Registration 2135883 Application Date 03/06/1997
No.
Registration Date 02/10/1998 Foreign Priority NONE
Date
Word Mark SEX ON THE BEACH
Design Mark
Description of NONE
Mark
Goods/Services Class 034. First use: First Use: 1996/12/31 First Use In Commerce: 1996/12/31
cigars

No.
Date
Word Mark X
Design Mark
Description of NONE
Mark
Cigars

No.
Date
Word Mark X
Design Mark
Description of NONE
Mark
Ashtrays, not of precious metal; Cigar cutters; Cigar humidifiers; Cigar tubes;
Lighters not of precious metal; Matches

No.
Date
Word Mark X
Design Mark
Description of The mark consists, in part, of stylized representation of the letter X.

Mark
Cigars

No.
Date
Word Mark XXX
Design Mark
Description of NONE
Mark
Cigars

No.
Date
Word Mark X TO THE THIRD POWER
Design Mark
Description of NONE
Mark
Cigars

No.
Date
Word Mark SERIEX
Design Mark
Description of NONE
Mark
Cigars

No.
Date
Word Mark RISING X
Design Mark
Description of NONE
Mark
Cigars; smoker's articles, namely, cigar humidifiers, ashtrays not made of
precious metal; cigar cutters; cigar protectors, namely, glass cigar tubes used to
protect cigars and cigar cases not of precious metal; lighters not made of
precious metal; and matches

No.
Date
Word Mark FUENTE FUENTE OPUS "X"
Design Mark
Description of NONE
Mark
cigars

No.
Date
Word Mark FUENTE OPUSX
Design Mark
Description of NONE
Mark
CIGAR AND CIGARETTE LIGHTERS OF NON-PRECIOUS METAL

No.
Date
Word Mark FUENTE OPUS X
Design Mark
Description of NONE
Mark
cigars

No.
Date
Word Mark FUENTE OPUS X FF
Design Mark
Description of NONE
Mark
ashtrays not made of precious metals; cigar cutters, cigar protectors, humidors,
lighters not made of precious metal and matches

No.
Date
Word Mark FORBIDDENX
Design Mark
Description of NONE
Mark
Cigars

No.
Date
Word Mark FORBIDDEN X
Design Mark
Description of NONE
Mark
precious metal; cigar cutters; cigar protectors; lighters not made of precious
metal; and matches

No.
Date
Word Mark FUENTE FORBIDDEN X
Design Mark
Description of NONE
Mark
metal; and matches

No.
Date
Word Mark FUENTE FUENTE FORBIDDEN X
Design Mark
Description of NONE
Mark
metal; and matches

No.
Date
Word Mark PERFECXION X
Design Mark
Description of NONE
Mark
Cigars

No.
Date
Word Mark X
Design Mark
Description of NONE
Mark
Smoker's articles; ashtrays not made of precious metal; cigar cutters; cigar
protectors; humidors; lighters not made of precious metal; and matches
Attachments 78524998#TMSN.jpeg ( 1 page )( bytes )

77064649#TMSN.jpeg ( 1 page )( bytes )
75749265#TMSN.gif ( 1 page )( bytes )
Notice of Opposition X ON THE BEACH.pdf ( 11 pages )(28339 bytes )
Notice of Opp Exhibit A.pdf ( 3 pages )(42125 bytes )
Notice of Opp Exhibit B.pdf ( 18 pages )(931828 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 /Virginia L. Carron/

Name Virginia L. Carron
Date 01/21/2009
Attorney Docket: 07392.0323

FUENTE MARKETING LTD. Opposition No. __________
Opposer,
Mark: X ON THE BEACH
v. Serial No.: 77/461,834
Filed: April 30, 2008
STARBUZZ TOBACCO, INC. Published: September 23, 2008
Applicant.
NOTICE OF OPPOSITION
Opposer Fuente Marketing Ltd. (“Opposer” or "Fuente"), a corporation organized
and existing under the laws of the British Virgin Islands, believes that it is being
damaged and will be damaged, by registration of the mark X ON THE BEACH shown in
Serial No. 77/461,834 and, therefore, opposes the same. As grounds for opposition,
Opposer alleges that, upon actual knowledge with respect to Opposer’s own acts and
upon information and belief as to other matters:
Opposer Fuente and its SEX ON THE BEACH Registration and X Marks
1. Opposer, Fuente Marketing Ltd. is a corporation organized and existing
under the laws of the British Virgin Islands.
2. Fuente is the owner of U.S. Trademark Registration No. 2,135,883 for the
mark SEX ON THE BEACH in International Class 34 for “cigars.” A copy of U.S.
U.S. Serial No. 77/461,834
Registration No. 2,135,883 and a copy of the assignment of this mark to Fuente is
attached hereto as Exhibit A.
3. U.S. Trademark Registration No. 2,135,883 for the mark SEX ON THE
BEACH in International Class 34 is valid and subsisting, and incontestable.
4. Fuente is also the owner of many federally registered and common law
trademarks for numerous trademarks incorporating the mark X in association with cigars
and cigar related products. For example, Fuente is the exclusive owner of the following
registrations all of which feature the mark X:
a. U.S. Trademark Registration No. 3,254,146 for the mark X in

International Class 34,
b. U.S. Trademark Registration No. 3,285,314 for the mark X in
c. U.S. Trademark Registration 2,536,633 for the X Design in
d. U.S. Trademark Registration 2,347,248 for the X Design in
e. U.S. Trademark Registration No. 3,065,482 for the mark XXX in
f. U.S. Trademark Registration 2,397,955 for the X TO THE THIRD
POWER in International Class 34,
g. U.S. Trademark Registration No. 3,191,113 for the mark SERIEX in
International Class 34
h. U.S. Trademark Registration No. 3,171,080 for the mark RISING X
in International Class 34
i. U.S. Trademark Registration No. 1,989,060 for the mark FUENTE
FUENTE OPUS “X” in International Class 34,
j. U.S. Registration 2,495,579 for the mark FUENTE OPUSX in
International Class 34
k. U.S. Trademark Registration No. 2,256,200 for the mark FUENTE
FUENTE OPUS X & Design in International Class 34,
l. U.S. Registration 2,364,801 for the mark FUENTE OPUS X FF &
Design in International Class 34
m. U.S. Registration 2,618,671 for the mark FORBIDDENX in
2
U.S. Serial No. 77/461,834

n. U.S. Registration 3,229,975 for the mark FORBIDDEN X in
o. U.S. Registration 3,258,403 for the mark FUENTE FORBIDDEN X
Design in International Class 34,
p. U.S. Registration 3,229,664 for the mark FUENTE FUENTE
FORBIDDEN X in International Class 34, and
q. U.S. Registration 3,259,989 for the mark PERFECXION X in
International Class 34.
The above-referenced marks shall individually and collectively be referred to as the “X
Marks”. Copies of each of these U.S. Trademark Registrations are attached hereto as
Exhibit B.
5. The above registrations are valid and subsisting, and Registration Nos.
1,989,060, 2,256,200, 2,347,248, 2,364,801, 2,397,955, 2,495,579, 2,536,633, and
2,618,671 are incontestable.
6. FUENTE FUENTE OPUS X cigars are one of the most important and high
profile products in the cigar industry. The FUENTE FUENTE OPUS X trademark and
each of the associated X Marks, including but not limited to X, the X Designs, XXX,
SERIEX, and FORBIDDEN X, that are used in association with the FUENTE FUENTE
OPUS X trademark and cigars are some of the most widely known and famous
trademarks in the cigar industry.
7. Based upon Fuente’s many years of effort and multi-million dollar
investment, the FUENTE FUENTE OPUS X cigar brand is extraordinarily sought after
among cigar aficionados. The FUENTE FUENTE OPUS X cigar, which was introduced
to market in 1995, was described by Forbes magazine as "a 100% Dominican cigar that
Castro himself would envy." It has been consistently ranked in the 90's (on a scale of
3
U.S. Serial No. 77/461,834
up to 100) by the Cigar Insider and Cigar Aficionado, two prominent cigar publications,
and has received the highest rating of any Dominican cigar ever made. In 2005, the
FUENTE FUENTE OPUS X cigar was named “The Best Cigar of the Year” by Cigar
Aficionado and in 2007 it was ranked second best. As a result, the FUENTE FUENTE
OPUS X cigar and trademarks are amongst the most famous in the cigar industry.
8. Fuente is the owner of all rights in the FUENTE FUENTE OPUS X
trademark for cigars and the FUENTE FUENTE OPUS X cigar band design trademark,
the X Design marks, the X marks, the other X Marks listed above, and is the exclusive
owner of each of the federal registrations thereto. The X Marks are widely recognized
as indicating premium hand-rolled cigars manufactured and sold by Fuente.
9. Cigars bearing the X Marks are marketed and sold, and have been
continuously marketed and sold, in interstate commerce throughout the United States
since at least as early as 1995.
10. Demand for Fuente’s cigars bearing the X Marks, particularly the FUENTE
FUENTE OPUS X cigars (which include the X Design marks) far exceeds supply, which
are only approximately 600,000 to 700,000 cigars per year. Due to limited supply,
Fuente suggests that retailers limit the sale of FUENTE FUENTE OPUS X cigars to two
cigars per customer. Due to the popularity of the cigar, it is not uncommon for FUENTE
FUENTE OPUS X cigars to sell for much more than the suggested retail price.
11. Many millions of dollars worth of cigars bearing the X Marks have been
sold in the U.S. since 1995.
12. Substantial amounts of money have been spent advertising and promoting
Fuente’s cigars sold in association with the X Marks in the United States since 1995.
4
U.S. Serial No. 77/461,834
13. Fuente’s cigars bearing the X Marks, including the FUENTE FUENTE
OPUS X cigar has been widely advertised and promoted in the U.S in many forms of
media including radio, DVDs, documentary films, all forms of printed publications and
the Internet on behalf of Fuente and by many others through unsolicited media
coverage.
14. Fuente’s cigars bearing the X Marks have been the subject of extensive
media coverage, including in Tobacconist Magazine and Cigar Aficionado, as well as in
such general publications as Forbes Magazine, The Wall Street Journal, The Robb
Report, Black Enterprise, Maxim, Playboy, Selecta, Wine Spectator, Esquire and other
publications.
15. FUENTE FUENTE OPUSX cigars also have received extensive attention
on the Internet, including interactive discussions on Cigar Aficionado's World Wide Web
page.
16. Fuente’s cigars bearing the X Marks have been regularly and extensively
promoted throughout the U.S. Fuente’s cigars bearing the X Marks have been
promoted through cigar industry-wide trade shows and events such as “Big Smokes”,
which are held 6-8 times a year and attract thousands of cigar aficionados and
consumers. In addition, because the Fuente’s cigars bearing the X Marks are so
famous and in such high demand, they are the subject of numerous charity events and
auctions across the U.S.
17. By reason of the advertisement and promotion of cigars bearing the X
Marks, unsolicited media coverage, customer word-of-mouth, and sales of the cigars
bearing the X Marks, including, but not limited to X, the X Design marks, FUENTE
5
U.S. Serial No. 77/461,834
FUENTE OPUS X, the FUENTE FUENTE OPUS X cigar band design, X TO THE
THIRD POWER, SERIEX, the FORBIDDEN X Design, PERFECXION X and XXX, have
become some of the most famous and distinctive marks in the cigar industry, and were
recognized, long prior to the filing date of Applicant’s application and prior to Applicant’s
date of claimed first use in commerce, and continue to be recognized and relied upon
by the trade and the public as identifying Fuente and Fuente’s products and as
distinguishing them from others and the goods of others.
18. By reason of the advertisement and promotion of the various X branded
cigars, unsolicited media coverage, customer word-of-mouth, and sales of the Fuente
cigar line in association with the Fuente X Marks, including, but not limited to X, X
Design, FUENTE FUENTE OPUS X, the FUENTE FUENTE OPUS X cigar band
design, FORBIDDEN X, X TO THE THIRD POWER, SERIEX, the FORBIDDEN X
Design, PERFECXION X and XXX, the purchasing public and the cigar industry
recognized, long prior to the filing date of Applicant’s application and prior to Applicant’s
date of claimed first use in commerce, and continue to recognize that the common
characteristic X is indicative of the common origin of Fuente’s cigars.
19. Each and every of the Fuente marks incorporating and featuring the letter
X, including, but not limited to X, the X Design marks, FUENTE FUENTE OPUS X, the
FUENTE FUENTE OPUS X cigar band design, FORBIDDEN X, X TO THE THIRD
POWER, SERIEX, the FORBIDDEN X Design, PERFECXION X and XXX, constitutes a
member of the family of marks based upon and recognized, at least in part, by the letter
“X” and are identified by the public and the cigar industry exclusively with Fuente and its
high quality cigars and related products.
6
U.S. Serial No. 77/461,834
20. As result of the unsolicited media coverage, customer word-of-mouth,
sales, and the advertisement and promotion of its family of X Marks, Fuente has
established tremendous goodwill, selling power and fame in and to its family of X
Marks.
Applicant and its Mark
21. Applicant Starbuzz Tobacco, Inc. (“Applicant”) is a California corporation
with a principal place of business at Unit # A, 1889 W. Commonwealth Street,
Fullerton, CA 92833.
22. Applicant filed Application Serial No. 77/461,834 on April 30, 2008, for the
mark X ON THE BEACH for “pipe tobacco, tobacco, smoking tobacco, flavored
tobacco, molasses tobacco” in International Class 34, under Section 1(a) of the
Trademark Act, claiming a date of first use in commerce of the mark of as least as early
as November 2, 2005.
Likelihood of Confusion with SEX ON THE BEACH mark, 15 U.S.C. § 1052(d)
23. Opposer’s SEX ON THE BEACH mark has been used continuously used
in commerce in connection with cigars since prior to the April 30, 2008 filing date of
Applicant’s Application Serial No. 77/461,834,916 for the X ON THE BEACH mark.
24. The goods of Fuente’s SEX ON THE BEACH registration are cigars.
25. The goods of Applicant’s mark are types of tobacco.
26. Cigars are made of tobacco.
27. Applicant’s goods identified in the subject application, tobacco, are closely
related to cigars, which are the goods with which Fuente’s SEX ON THE BEACH mark
is used.
7
U.S. Serial No. 77/461,834
28. Applicant uses the mark X ON THE BEACH to identify tobacco which is
sold to smokers of tobacco.
29. The cigars bearing Fuente’s SEX ON THE BEACH mark are also sold to
smokers of tobacco.
30. On information and belief, Applicant was well aware of the registration for
and rights in the mark SEX ON THE BEACH prior to the filing date of the opposed
application.
31. On information and belief, Applicant filed Application Serial No.
77/461,834 with a bad faith intent to trade and capitalize on Opposer’s SEX ON THE
BEACH mark.
32. Applicant’s mark so resembles Fuente’s prior used SEX ON THE BEACH
mark in sight, appearance, and overall commercial impression as to be likely, when
used in association with Applicant’s goods, to cause confusion, or to cause mistake, or
to deceive under Section 2(d) of the Lanham Act, as amended, 15 U.S.C. § 1052(d).
Likelihood of Confusion with X Marks, 15 U.S.C. § 1052(d)
33. Opposer has continuously used its X Marks in commerce in connection
with cigars since prior to the April 30, 2008 filing date of Applicant’s Application Serial
No. 77/461,834,916 for the X ON THE BEACH mark.
34. The goods of Fuente’s X Marks are cigars.
35. The goods of Applicant’s mark are types of tobacco.
36. Cigars are made of tobacco.
37. Applicant’s goods identified in the subject application, tobacco, are closely
related to cigars, the goods of Fuente X Marks.
8
U.S. Serial No. 77/461,834
38. Applicant uses the mark X ON THE BEACH to identify tobacco which is
sold to smokers of tobacco.
39. The cigars bearing Fuente’s X Marks are also sold to smokers of tobacco.
40. On information and belief, Applicant was well aware of Fuente’s
registrations for and rights in and to the X Marks prior to the filing date of the opposed
application.
41. On information and belief, Applicant filed Application Serial No.
77/461,834 with a bad faith intent to trade and capitalize on Fuente’s well-known X
Marks.
42. Applicant’s mark so resembles Fuente’s prior used X Marks in sight,
appearance, and overall commercial impression as to be likely, when used in
association with to Applicant’s goods, to cause confusion, or to cause mistake, or to
deceive under Section 2(d) of the Lanham Act, as amended, 15 U.S.C. § 1052(d).
Dilution
43. Given the similarities between the parties’ marks, the channels of trade
and advertising used by the parties, and the target consumers of the parties’ goods,
Applicant’s use of the X ON THE BEACH mark is likely to cause dilution of the
distinctive qualify of the fame of Fuente’s family of X Marks and thus damage Fuente.
44. Applicant’s X ON THE BEACH mark will dilute the strength of Fuente’s
family of X Marks, including, but not limited to X, the X Designs, FUENTE FUENTE
OPUS X, the FUENTE FUENTE OPUS X cigar band design, FORBIDDEN X, X TO
THE THIRD POWER, SERIEX, the FORBIDDEN X Design, PERFECXION X and XXX,
to act as unique indicators of the source of Fuente’s cigars in that such use will allow
9
U.S. Serial No. 77/461,834
Applicant to take advantage of the fame and goodwill which are associated with
Fuente’s family of X Marks, will enable others to pass off Applicant’s tobacco as a
product of Fuente and will take the hard-earned reputation and goodwill associated with
Fuente’s family of X Marks out of Fuente’s control and make it instead, subject to the
quality standards of Applicant, thereby damaging Fuente.
45. The registration of Applicant’s X ON THE BEACH mark will lessen the
capacity of Fuente’s famous and distinctive family of X Marks to distinguish and identify
Fuente’s goods from those of others, thereby diluting the distinctive quality of its famous
and distinctive family of X Marks in violation of 15 U.S.C. § 1125(c).
WHEREFORE, Opposer believes that it is being and will continue to be damaged
by the X ON THE BEACH mark shown in Application Serial No. 77/461,834 and
requests that this opposition be sustained and that registration of the mark in
Application Serial No. 77/461,834 be denied.
A filing fee has been submitted electronically. If the filing fee is found to be
insufficient for any reason, please charge such deficiency to our Deposit Account No.
06-0916.
Dated: January 21, 2009 Respectfully submitted,
/Virginia L. Carron/
Virginia L. Carron
Laurence R. Hefter
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, L.L.P.
901 New York Avenue NW
Washington, D.C. 20001-4413
(404) 653-6452
ATTORNEYS FOR OPPOSER FUENTE

MARKETING LTD.
10
U.S. Serial No. 77/461,834

Opposer,
v. Serial No.: 77/461,834
Applicant.
CERTIFICATE OF SERVICE
I certify that a true and accurate copy of the foregoing NOTICE OF OPPOSITION
was served via first class postage paid U.S. mail, the 21st day of January 2009, upon
counsel for Applicant Starbuzz Tobacco, Inc. at the following address:
NATU J. PATEL
THE PATEL LAW FIRM, P.C.
2532 DUPONT DR
IRVINE, CA 92612-1524
Phone Number: 949-955-1077
Fax Number: 949-955-1877
and upon Applicant at the following address:
Starbuzz Tobacco, Inc.

Unit # A 1889 W. Commonwealth Street
Fullerton, CA 92833
United States
__/Virginia L. Carron/_________________
11

Opposer,
v. Serial No.: 77/461,834
Applicant.
EXHIBIT A

Opposer,
v. Serial No.: 77/461,834
Applicant.
EXHIBIT B

Ttabvue 91188466 OPP 1 FUENTE Adv Starbuzz

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

Attorney Virginia L. Carron

Goods/Services Affected by Opposition

Grounds for Opposition

Marks Cited by Opposer as Basis for Opposition

U.S. Registration 3254146 Application Date 12/01/2004

U.S. Registration 3285314 Application Date 12/14/2006

U.S. Registration 2347248 Application Date 07/13/1999

Description of The mark consists, in part, of stylized representation of the letter X.

U.S. Registration 3065482 Application Date 12/01/2004

U.S. Registration 2397955 Application Date 11/30/1999

U.S. Registration 3191113 Application Date 12/20/2004

U.S. Registration 3171080 Application Date 10/31/2005

U.S. Registration 1989060 Application Date 07/15/1994

U.S. Registration 2495579 Application Date 11/24/1999

U.S. Registration 2256200 Application Date 12/06/1995

U.S. Registration 2364801 Application Date 03/07/1996

U.S. Registration 2618671 Application Date 07/13/1999

U.S. Registration 3229975 Application Date 08/16/2006

U.S. Registration 3258403 Application Date 08/16/2006

U.S. Registration 3229664 Application Date 06/12/2006

U.S. Registration 3259989 Application Date 12/01/2004

U.S. Registration 2536633 Application Date 07/25/2001

Attachments 78524998#TMSN.jpeg ( 1 page )( bytes )

Signature /Virginia L. Carron/

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

FUENTE MARKETING LTD. Opposition No. __________

Opposer Fuente Marketing Ltd. (“Opposer” or "Fuente"), a corporation organized

upon information and belief as to other matters:

1. Opposer, Fuente Marketing Ltd. is a corporation organized and existing

under the laws of the British Virgin Islands.

attached hereto as Exhibit A.

BEACH in International Class 34 is valid and subsisting, and incontestable.

registrations all of which feature the mark X:

a. U.S. Trademark Registration No. 3,254,146 for the mark X in

International Class 34,

The above-referenced marks shall individually and collectively be referred to as the “X

1,989,060, 2,256,200, 2,347,248, 2,364,801, 2,397,955, 2,495,579, 2,536,633, and

2,618,671 are incontestable.

trademarks in the cigar industry.

7. Based upon Fuente’s many years of effort and multi-million dollar

8. Fuente is the owner of all rights in the FUENTE FUENTE OPUS X

as indicating premium hand-rolled cigars manufactured and sold by Fuente.

since at least as early as 1995.

sold in the U.S. since 1995.

media coverage, including in Tobacconist Magazine and Cigar Aficionado, as well as in

auctions across the U.S.

17. By reason of the advertisement and promotion of cigars bearing the X

distinguishing them from others and the goods of others.

18. By reason of the advertisement and promotion of the various X branded

design, FORBIDDEN X, X TO THE THIRD POWER, SERIEX, the FORBIDDEN X

characteristic X is indicative of the common origin of Fuente’s cigars.

FUENTE FUENTE OPUS X cigar band design, FORBIDDEN X, X TO THE THIRD

POWER, SERIEX, the FORBIDDEN X Design, PERFECXION X and XXX, constitutes a

high quality cigars and related products.

20. As result of the unsolicited media coverage, customer word-of-mouth,

Applicant and its Mark

21. Applicant Starbuzz Tobacco, Inc. (“Applicant”) is a California corporation

with a principal place of business at Unit # A, 1889 W. Commonwealth Street,

Likelihood of Confusion with SEX ON THE BEACH mark, 15 U.S.C. § 1052(d)

25. The goods of Applicant’s mark are types of tobacco.

26. Cigars are made of tobacco.

sold to smokers of tobacco.