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Trademark Trial and Appeal Board Electronic Filing System.http://estta.uspto.gov 
ESTTA Tracking number:
ESTTA271427
Filing date:
03/11/2009
IN THE UNITED STATES PATENT AND TRADEMARK OFFICEBEFORE THE TRADEMARK TRIAL AND APPEAL BOARDProceeding 91185180PartyDefendantNICARAGUA TOBACCO IMPORTS, INC.CorrespondenceAddressJose GutmanFleit, Gibbons, Gutman, Bongini, PL551 N.W. 77th StreetBoca Raton, FL 33487UNITED STATEStmboca@fggbb.comSubmission Opposition/Response to MotionFiler's Name Jose GutmanFiler's e-mail tmboca@fggbb.comSignature /Jose GutmanDate 03/11/2009Attachments Second_Response_&_Exhibits_R_&_S.pdf ( 8 pages )(314280 bytes )
 
- 1 -IN THE UNITED STATES PATENT AND TRADEMARK OFFICEBEFORE THE TRADEMARK TRIAL AND APPEAL BOARD ____________________________________TATUAJE CIGARS, INC. Opposition No. 91185180Opposer, Appl. Ser. No.: 77/359,141v.NICARAGUA TOBACCO IMPORTS, INC., Mark: TATTOOApplicant. ____________________________________
APPLICANT’S INITIALLY OMITTED EXHIBITS OF ITSRESPONSE TO OPPOSER’S MOTION FOR SUMMARY JUDGMENT
Applicant Nicaragua Tobacco Imports, Inc., (“Applicant”), through itsundersigned counsel, hereby submits the attached exhibits, Exhibits R and S,which were inadvertently omitted from Applicant’s Response filed on March 4,2009 to the Summary Judgment Motion of Opposer Tatuaje Cigars, Inc.,(“Opposer”) in its Opposition of the Mark TATTOO. (“Applicant’s Mark”).The Applicant’s response filed March 4, 2009 refers to Exhibit R andExhibit S on page 16. Also, these Exhibits are described in detail in the Affidavitof Alberto Gutman, Exhibit A, paragraph 29. Applicant inadvertently did notinclude copies of Exhibit R and Exhibit S in its responsive filing on March 4,2009. Attached hereto are true and correct copies of those Exhibits.Specifically, Exhibit R shows an example of the stylized “tobacco leafstick” logo as registered by HABANOS, S.A., in USPTO Registration No.2,177,837. See also Affidavit of Alberto Gutman, Exhibit A, paragraph 29.Additionally, Exhibit S shows an example of the Cuban Government’s use of its
 
- 2 -certification mark in close proximity and in conjunction with one of its valuabletobacco cigar trademarks. See also Affidavit of Alberto Gutman, Exhibit A,paragraph 29.The Applicant respectfully requests that the Board accept this submissionof inadvertently omitted Exhibits R and S, a copy of which is being served uponOpposer’s counsel.Date: March 11, 2009 ___/Jose Gutman/_________ Jose Gutman ___/Jeffrey N. Giunta/ 
 
 ______ Jeffrey N. GiuntaFleit, Gibbons, Gutman,Bongini, & Bianco, PL551 N.W. 77
th
StreetBoca Raton, FL, 33487Phone: (561) 989-9811Fax: (561) 989-9812e-mail: tmboca@fggbb.comAttorneys for Applicant
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