Zynga Mafia Wars Opposition

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

ESTTA Tracking number: ESTTA319689

Filing date: 12/01/2009

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 Zynga Game Network, Inc.

Entity Corporation Citizenship Delaware

Address 365 Vermont StreetSan Francisco, CA 94103UNITED STATES

Attorneyinformation

John M. Kim and Joshua J. Richman1940 Garnet Avenue, Suite 230San Diego, CA 92109UNITED [email protected] Phone:858-272-0220

Applicant Information

Application No 77760348 Publication date 11/03/2009

Opposition FilingDate

12/01/2009 OppositionPeriod Ends

12/03/2009

Applicant KELEJIAN, DAVID LAWRENCE535 WESTSIDE BLVDCATONSVILLE, MD 21228UNITED STATES

Goods/Services Affected by Opposition

Class 025.All goods and services in the class are opposed, namely: Athletic apparel, namely, shirts, pants,jackets, footwear, hats and caps, athletic uniforms; Children's and infant's apparel, namely, jumpers,overall sleepwear, pajamas, rompers and one-piece garments

Grounds for Opposition

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

Dilution Trademark Act section 43(c)

Marks Cited by Opposer as Basis for OppositionU.S. ApplicationNo.

77772110 Application Date 07/01/2009

Registration Date NONE Foreign PriorityDate

NONE

Word Mark MAFIA WARS


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Design Mark

Description ofMark

The mark consists of the words "MAFIA WARS" with shading around the edgesto suggest a raised surface.

Goods/Services Class 009. First use: First Use: 2009/04/08 First Use In Commerce: 2009/04/08

Downloadable computer game software for use on wireless devices andcomputers

Class 041. First use: First Use: 2008/09/08 First Use In Commerce: 2008/09/08

Entertainment services, namely, providing on-line computer games

U.S. Application/Registration No.

NONE Application Date NONE

Registration Date NONE

Word Mark MAFIA WARS

Goods/Services Clothing and hats

Attachments 77772110#TMSN.jpeg ( 1 page )( bytes )1.0. Notice of Opposition (12-1-09).pdf ( 15 pages )(1522478 bytes )

Certificate of ServiceThe undersigned hereby certifies that a copy of this paper has been served upon all parties, at their addressrecord by First Class Mail on this date.

Signature /Joshua J. Richman/

Name Joshua J. Richman

Date 12/01/2009


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EXHIBIT A


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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2008)

Trademark/Service Mark Application, Principal Register

TEAS Plus Application

Serial Number: 77772110

Filing Date: 07/01/2009

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\EXPORT8\IMAGEOUT8 \777\721\77772110\xml4\FT

K0002.JPG

*SPECIAL FORM YES

USPTO-GENERATED

IMAGENO

LITERAL ELEMENT Mafia Wars

*COLOR MARK NO

*COLOR(S)

CLAIMED

(If applicable)

*DESCRIPTION OF

THE MARK

(and Color Location, if

applicable)

The mark consists of The words Mafia Wars in black, with white shading tosuggest a raised metallic shiny surface of the black letters, with greyoutlining to each letter.

PIXEL COUNT

ACCEPTABLENO

PIXEL COUNT 1125 x 450

REGISTER Principal

APPLICANT INFORMATION

*OWNER OF MARK Zynga Game Network Inc.


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*STREET 365 Vermont Street

*CITY San Francisco

*STATE

(Required for U.S.

applicants)

New York

*COUNTRY United States

*ZIP/POSTAL CODE

(Required for U.S.

applicants only)

94103

PHONE 212-554-7625

FAX 212-377-6032

EMAIL ADDRESS [email protected]

LEGAL ENTITY INFORMATION

*TYPE CORPORATION

* STATE/COUNTRY

OF

INCORPORATION

Delaware

GOODS AND/OR SERVICES AND BASIS INFORMATION

*INTERNATIONAL

CLASS009

IDENTIFICATION Downloadable computer software for use on wireless devices andcomputers

*FILING BASIS SECTION 1(a)

FIRST USE

ANYWHERE DATEAt least as early as 04/08/2009

FIRST USE IN

COMMERCE DATEAt least as early as 04/08/2009

SPECIMEN FILE NAME(S)

ORIGINAL PDF

FILE

spec-3810820110-112339425_._Zynga.Inc_-_Game_-_Mafia_Wars_iPhone.pdf

CONVERTED

PDF FILE(S)

(1 page)

\\TICRS\EXPORT8\IMAGEOUT8\777\721\77772110\xml4\FTK0003.JPG

SPECIMEN

DESCRIPTIONscreenshot of downloadable computer game.

*INTERNATIONAL


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CLASS041

IDENTIFICATION Entertainment services, namely, providing on-line computer games

*FILING BASIS SECTION 1(a)

FIRST USE

ANYWHERE DATE At least as early as 09/08/2008

FIRST USE IN

COMMERCE DATEAt least as early as 09/08/2008

SPECIMEN FILE NAME(S)

ORIGINAL PDF

FILEspec-3810820110-112339425_._Zynga_Mafia_Wars_on_Facebook.pdf

CONVERTED

PDF FILE(S)

(2 pages)



SPECIMEN

DESCRIPTIONScreenshot of computer game.

ADDITIONAL STATEMENTS SECTION

*TRANSLATION

(if applicable)

*

TRANSLITERATION

(if applicable)

*CLAIMED PRIOR

REGISTRATION

(if applicable)

*CONSENT

(NAME/LIKENESS)

(if applicable)

*CONCURRENT USE

CLAIM

(if applicable)

ATTORNEY INFORMATIONNAME Martin Schwimmer

FIRM NAME Moses & Singer LLP

STREET 405 Lexington Avenue

CITY New York

STATE New York


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STATE New York

COUNTRY United States

ZIP/POSTAL CODE 10174

PHONE 212 554 7625

FAX 212-377-6032

EMAIL ADDRESS [email protected]

AUTHORIZED TO

COMMUNICATE VIA

EMAIL

Yes

CORRESPONDENCE INFORMATION

*NAME Martin Schwimmer

FIRM NAME Moses & Singer LLP

*STREET 405 Lexington Avenue

*CITY New York

*STATE

(Required for U.S.

applicants)

New York

*COUNTRY United States

*ZIP/POSTAL CODE 10174

PHONE 212 554 7625

FAX 212-377-6032

*EMAIL ADDRESS [email protected]

*AUTHORIZED TO

COMMUNICATE VIA

EMAIL

Yes

FEE INFORMATION

NUMBER OF

CLASSES

2

FEE PER CLASS 275

*TOTAL FEE PAID 550

SIGNATURE INFORMATION

* SIGNATURE /mschwimmer/

* SIGNATORY'S


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* SIGNATORY'S

NAMEMartin Schwimmer

* SIGNATORY'S

POSITIONAttorney, NY bar member

* DATE SIGNED 07/01/2009

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2008)

Trademark/Service Mark Application, Principal Register

TEAS Plus Application


Filing Date: 07/01/2009

To the Commissioner for Trademarks:

MARK:Mafia Wars(stylized and/or with design, see mark)

The literal element of the mark consists of Mafia Wars.The applicant is not claiming color as a feature of the mark. The mark consists of The words Mafia Wars

in black, with white shading to suggest a raised metallic shiny surface of the black letters, with greyoutlining to each letter.The applicant, Zynga Game Network Inc., a corporation of Delaware, having an address of

365 Vermont StreetSan Francisco, New York 94103

United Statesrequests registration of the trademark/service mark identified above in the United States Patent andTrademark 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 009: Downloadable computer software for use on wireless devices and computers

Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company orlicensee is using the mark in commerce, or the applicant's predecessor in interest used the mark incommerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as

amended.

In International Class 009, the mark was first used at least as early as 04/08/2009, and first used in

commerce at least as early as 04/08/2009, and is now in use in such commerce. The applicant is


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submitting one specimen(s) showing the mark as used in commerce on or in connection with any item inthe class of listed goods and/or services, consisting of a(n) screenshot of downloadable computer game..

Original PDF file:

spec-3810820110-112339425_._Zynga.Inc_-_Game_-_Mafia_Wars_iPhone.pdf

Converted PDF file(s) (1 page)

Specimen File1

For specific filing basis information for each item, you must view the display within the Input Table.

International Class 041: Entertainment services, namely, providing on-line computer games

Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company orlicensee is using the mark in commerce, or the applicant's predecessor in interest used the mark in

commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), asamended.

In International Class 041, the mark was first used at least as early as 09/08/2008, and first used in

commerce at least as early as 09/08/2008, and is now in use in such commerce. The applicant issubmitting one 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) Screenshot of computer game..

Original PDF file:

spec-3810820110-112339425_._Zynga_Mafia_Wars_on_Facebook.pdfConverted PDF file(s) (2 pages)

Specimen File1Specimen File2

The applicant hereby appoints Martin Schwimmer of Moses & Singer LLP405 Lexington AvenueNew York, New York 10174

United Statesto submit this application on behalf of the applicant.

Correspondence Information: Martin Schwimmer

405 Lexington Avenue

New York, New York 10174

212 554 7625(phone)

212-377-6032(fax)

[email protected] (authorized)

A fee payment in the amount of $550 has been submitted with the application, representing payment for 2class(es).

Declaration


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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, andthe like, may jeopardize the validity of the application or any resulting registration, declares that he/she isproperly 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 filedunder 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 rightto use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as tobe 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; andthat all statements made on information and belief are believed to be true.

Signature: /mschwimmer/Date Signed: 07/01/2009

Signatory's Name: Martin SchwimmerSignatory's Position: Attorney, NY bar member

RAM Sale Number: 9674

RAM Accounting Date: 07/01/2009


Internet Transmission Date: Wed Jul 01 11:44:36 EDT 2009TEAS Stamp: USPTO/FTK-38.108.201.10-20090701114436294739-77772110-4002359eccfbf7f439e83e6f35

31e8a7d-DA-9674-20090701112339425689


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Documents

Zynga Mafia Wars Opposition