Opposition No. 91176791
games and playthings, namely, toy vehicles and accessoriestherefor,” in International Class 28.
As grounds for opposition, opposer asserts, in itsamended notice of opposition, that applicant’s mark, whenapplied to applicant’s goods, so resembles opposer’spreviously used and registered MOTOWN marks, shown below, asto be likely to cause confusion, under Section 2(d) of theTrademark Act.
Registration Mark Goods/Services
1075409Registered10/18/77;Section 15declarationacknowledged;Renewed“Records, tapes,cassettes,cartridges andaudio videoreproducingdevices in theform of tapes,cassettes, disksand cartridges,”in InternationalClass 9.2767101Registered9/23/03;Sections 8 & 15declarationsaccepted andacknowledgedrespectivelyMOTOWN“Restaurantservices,” inInternationalClass 42.0881471Registered11/25/69;MOTOWN “Providingpopular musicalentertainment,”
Application Serial No. 78751105, filed November 10, 2005, based uponan allegation of a bona fide intention to use the mark in commerce inconnection with the identified goods.
Opposer established its ownership and current status of theseregistrations during trial. Opposer also asserted ownership of severalpending applications. If registrations issued from the pleadedapplications during trial, opposer did not submit copies of theregistrations. Therefore, these applications are evidence only of thefact of their filing. (Serial Nos. 78617356, 78617352, 78614904, and78614895.) Additionally, opposer asserted ownership of Registration No.2663608, which has been cancelled and is evidence only of the fact thatit previously existed. Thus, this additional registration and theapplications are of no probative value.