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ESTTA Tracking number: ESTTA286995
Filing date: 06/01/2009
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
Proceeding 91189804
Party Defendant
Corporacion CIMEX, S.A.
Correspondence DAVID B. GOLDSTEIN
Address RABINOWITZ, BOUDIN, STANDARD, KRINSKY &
111 BROADWAY SUITE 1102
NEW YORK, NY 10006-1901
dgoldstein@rbskl.com
Submission Answer
Filer's Name David B. Goldstein
Filer's e-mail dgoldstein@rbskl.com
Signature /David B. Goldstein/
Date 06/01/2009
Attachments Cubita.RM Answer.pdf ( 4 pages )(23211 bytes )
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
__________________________________________
)
RUTA MAYA ROYALTY, LTD., )
)
Opposer, )
)
v. ) Opposition No. 91189804
) Serial No. 77252382
CORPORACION CIMEX, S.A., )
)
Applicant. )
)
counsel, hereby files this Answer and Affirmative Defenses to the Notice of Opposition
1. Applicant denies the allegations in the first and only (unnumbered) paragraph in
the Opposition, except admits that “[t]here is a likelihood of confusion between the mark which
is being published and the opposer’s mark,” and Applicant further alleges that Applicant’s
CUBITA Mark is senior to and has priority over Opposer’s junior mark.
3. Applicant has prior and superior rights in its CUBITA Mark over Opposer’s
1
THIRD AFFIRMATIVE DEFENSE
4. Opposer’s identical CUBITA mark for coffee is likely to cause confusion with
Applicant’s CUBITA Mark for coffee, which has priority over Opposer’s junior mark.
5. The United States and Cuba are both parties to the General Inter-American
Convention for Trade Mark and Commercial Protection, 46 Stat. 2907 (“IAC”), which remains
in force between Cuba and the United States as determined by the United States Department of
State.
Cuban law.
7. Opposer is applying to register its junior CUBITA mark for coffee on the
respect to Applicant’s attempt to register its CUBITA Mark for coffee in the USPTO, within the
Applicant’s CUBITA Mark for coffee prior to Opposer’s first use of or application for the
10. Pursuant to Article 7 of the IAC, and sections 44(b), (h) of the Lanham Act, 15
U.S.C. § 1126(b), (h), Applicant has priority over Opposer to register the mark CUBITA in IC
11. Applicant has complied with the requirements established by the domestic
legislation of the United States for registration of its CUBITA Mark, and Applicant is entitled to
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registration of its CUBITA Mark in IC 30 for coffee.
application for the CUBITA mark, when it falsely declared that its CUBITA mark was in use in
15. Opposer has no rights, priority or claims to rights or priority in its CUBITA mark,
because Opposer’s CUBITA mark for coffee does not come from Cuba, and is geographically
16. Applicant states that it intends to rely upon such other and further affirmative
defenses and any other defenses, at law or in equity, that may become available or apparent in
the future based on further proceedings in this case or any other factual investigation and hereby
3
PRAYER FOR RELIEF
WHEREFORE, Applicant Corporacion CIMEX, S.A. prays that the Notice of Opposition
be dismissed.
/David B. Goldstein/
DAVID B. GOLDSTEIN
RABINOWITZ, BOUDIN, STANDARD,
KRINSKY & LIEBERMAN, P.C.
111 Broadway, Suite 1102
New York, New York 10006-1901
Tel: (212) 254-1111
Fax: (212) 674-4614
dgoldstein@rbskl.com
Attorneys for Applicant Corporation CIMEX, S.A.