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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 OFFICE
BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
Proceeding 91191150
Party Defendant
Durfort Holdings, S.A.
Correspondence BRETT A. NORTH
Address GARVEY, SMITH, NEHRBASS & NORTH, L.L.C.
3838 N CAUSEWAY BLVD STE 3290
METAIRIE, LA 70002-8350

BrettNorth@gsnn.us
Submission Answer
Filer's Name Brett A. North
Filer's e-mail BrettNorth@gsnn.us, DSouza@gsnn.us
Signature /Brett A. North, #42040/
Date 08/28/2009
Attachments Answer.pdf ( 3 pages )(39073 bytes )
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

MAGNATE CIGARS, INC. *
Opposer *
* Opposition No.: 91191150
VERSUS *
* Serial No. 77/604465
DURFORT 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 made

out 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, chewing

tobacco, snuff, pipe tobacco, roll your own tobacco, and cigarette papers" contained in paragraph

4 of Opposer's Notice of Opposition, but denies all other allegations contained in paragraph 4 of
Opposer'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 be

granted.

12. Applicant through its predecessors in interest has prior and superior rights in its

mark MAGNATES over Opposer's mark.

13. Opposer's mark for its identified goods is likely to cause confusion with

Applicant'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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WHEREFORE, Applicant, Durfort Holdings, S.A., respectfully requests that the

opposition be dismissed and that Applicant's Serial No. 77/604,465 be allowed.

Respectfully submitted,

/Brett A. North, #42,040/
Brett A. North, #42,040
GARVEY, SMITH, NEHRBASS & NORTH, L.L.C.
Three Lakeway Center, Suite 3290
3838 North Causeway Boulevard
Metairie, Louisiana 70002
Tel: 504-835-2000
Fax: 504-835-2070
Attorney for Applicant

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Answer was served on the
Attorney/Correspondent of Record for Opposer on the date indicated below by depositing the same
with the United States Postal Service First Class Mail to:

Oliver Alan Ruiz
Malloy & Malloy, P.A.
2800 S.W. Third Avenue
Miami, FL 33129

I further certify that a true and correct copy of the above and foregoing pleading was filed with the
Trademark Trial and Appeal Board on the date indicated below online through the ESTTA system
of the United States Patent and Trademark Office.

Date: August 28, 2009 /Brett A. North, #42,040/

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