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Trademark Trial and Appeal Board Electronic Filing System.http://estta.uspto.gov 
ESTTA Tracking number:
ESTTA237049
Filing date:
09/16/2008
IN THE UNITED STATES PATENT AND TRADEMARK OFFICEBEFORE 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 Top Tobacco, LPGranted to Dateof previousextension09/17/2008Address2301 Ravine WayGlenview, IL 60025UNITED STATESAttorneyinformationAntony J. McShaneNeal, Gerber & Eisenberg LLPTwo North LaSalle StreetChicago, IL 60602UNITED STATESamcshane@ngelaw.com, twilliams@ngelaw.com, nbosshardt@ngelaw.comPhone:312.269.8000
Applicant Information
Application No 77323845 Publication date 05/20/2008Opposition FilingDate09/16/2008 OppositionPeriod Ends09/17/2008ApplicantJonathan Drew, Inc.12415 SW 136th Avenue, Suite 2Miami, FL 33186UNITED STATES
Goods/Services Affected by Opposition
Class 034.All goods and services in the class are opposed, namely: Tobacco, cigars, mass market cigars,cigarillos and related products, namely, cigar boxes, lighters and holders not of precious metal,ashtrays, cigar bands, cigar cutters, humidors and cigar tubes
Applicant Information
Application No 77327512 Publication date 05/20/2008Opposition FilingDate09/16/2008 OppositionPeriod EndsApplicantJonathan Drew, Inc.12415 SW 136th Avenue, Suite 2Miami, FL 33186UNITED STATES
Goods/Services Affected by Opposition
 
Class 034.All goods and services in the class are opposed, namely: Cigarettes
Grounds for Opposition
Priority and likelihood of confusion Trademark Act section 2(d)
Mark Cited by Opposer as Basis for Opposition
U.S. RegistrationNo.1922338 Application Date 12/03/1992Registration Date 09/26/1995 Foreign PriorityDateNONEWord Mark CLASSIC CANADIANDesign MarkDescription ofMarkNONEGoods/Services Class 034. First use: First Use: 1992/09/30 First Use In Commerce: 1992/09/30tobaccoAttachments Krush Classic Opposition.pdf ( 4 pages )(561916 bytes )
Certificate of Service
The 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 /Antony J. McShane/ Name Antony J. McShaneDate 09/16/2008
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