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Trademark Trial and Appeal Board Electronic Filing System.http://estta.uspto.gov 
ESTTA Tracking number:
ESTTA303549
Filing date:
08/28/2009
IN THE UNITED STATES PATENT AND TRADEMARK OFFICEBEFORE THE TRADEMARK TRIAL AND APPEAL BOARDProceeding 91191150PartyDefendantDurfort Holdings, S.A.CorrespondenceAddressBRETT A. NORTHGARVEY, SMITH, NEHRBASS & NORTH, L.L.C.3838 N CAUSEWAY BLVD STE 3290METAIRIE, LA 70002-8350BrettNorth@gsnn.usSubmission AnswerFiler's Name Brett A. NorthFiler's e-mail BrettNorth@gsnn.us, DSouza@gsnn.usSignature /Brett A. North, #42040/ Date 08/28/2009Attachments Answer.pdf ( 3 pages )(39073 bytes )
 
IN THE UNITED STATES PATENT AND TRADEMARK OFFICEBEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
MAGNATE CIGARS, INC.*
Opposer 
**Opposition No.: 91191150VERSUS**Serial No. 77/604465DURFORT HOLDINGS, S.A.*
 Applicant 
*********************************************
ANSWER 
Applicant, Durfort Holdings, S.A., by and through undersigned counsel answers the Notice of Opposition filed by Opposer, Magnate Cigars, Inc., as follows:1.Applicant denies the allegations contained paragraph 1 of Opposer's Notice of Opposition for lack of sufficient information to justify a belief therein.2.Applicant denies the allegations contained in paragraph 2 of Opposer's Notice of Opposition for lack of sufficient information to justify a belief therein.3.Applicant denies the allegations contained in paragraph 3 of Opposer's Notice of Opposition for lack of sufficient information to justify a belief therein.4.Applicant admits that it is the owner of the intent-to-use application for MAGNATES for "Tobacco products, accessories, and smoking articles, namely, cigars, rolling papers for cigarettes and cigars made out of paper, rolling papers for cigarettes and cigars madeout of tobacco, rolling papers for cigarettes and cigars made out of cellulose, rolling tobacco for cigarettes and cigars, pre-rolled tobacco shells, tobacco sheets, smoking tobacco, chewingtobacco, snuff, pipe tobacco, roll your own tobacco, and cigarette papers" contained in paragraph4 of Opposer's Notice of Opposition, but denies all other allegations contained in paragraph 4 of 
 
2Opposer's Notice.5.Applicant denies the allegations contained in paragraph 5 of Opposer's Notice of Opposition.6.Applicant denies the allegations contained in paragraph 6 of Opposer's Notice of Opposition.7.Applicant denies the allegations contained in paragraph 7 of Opposer's Notice of Opposition for lack of sufficient information to justify a belief therein.8.Applicant denies the allegations contained in paragraph 8 of Opposer's Notice of Opposition.9.Applicant denies the allegations contained in paragraph 9 of Opposer's Notice of Opposition.10.Applicant denies the allegations contained in paragraph 10 of Opposer's Notice of Opposition.
AFFIRMATIVE DEFENSES
11.Opposer's Notice of Opposition fails to state a claim on which relief can begranted.12.Applicant through its predecessors in interest has prior and superior rights in itsmark MAGNATES over Opposer's mark.13.Opposer's mark for its identified goods is likely to cause confusion withApplicant's mark for its goods, which has priority over Opposer's mark.14.Applicant reserves the right to assert any and all other affirmative defenses of which it becomes aware of during the pendency of this matter.
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