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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.

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ESTTA Tracking number: ESTTA319689
Filing date: 12/01/2009
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE 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 Zynga Game Network, Inc.
Entity Corporation Citizenship Delaware
Address 365 Vermont Street
San Francisco, CA 94103
UNITED STATES

Attorney John M. Kim and Joshua J. Richman
information 1940 Garnet Avenue, Suite 230
San Diego, CA 92109
UNITED STATES
trademarks@ipla.com Phone:858-272-0220

Applicant Information
Application No 77760348 Publication date 11/03/2009
Opposition Filing 12/01/2009 Opposition 12/03/2009
Date Period Ends
Applicant KELEJIAN, DAVID LAWRENCE
535 WESTSIDE BLVD
CATONSVILLE, MD 21228
UNITED STATES

Goods/Services Affected by Opposition
Class 025.
All goods and services in the class are opposed, namely: Athletic apparel, namely, shirts, pants,
jackets, footwear, hats and caps, athletic uniforms; Children's and infant's apparel, namely, jumpers,
overall sleepwear, pajamas, rompers and one-piece garments

Grounds for Opposition
Priority and likelihood of confusion Trademark Act section 2(d)
Dilution Trademark Act section 43(c)

Marks Cited by Opposer as Basis for Opposition
U.S. Application 77772110 Application Date 07/01/2009
No.
Registration Date NONE Foreign Priority NONE
Date
Word Mark MAFIA WARS

Richman/ Name Joshua J.jpeg ( 1 page )( bytes ) 1.pdf ( 15 pages )(1522478 bytes ) Certificate of Service The undersigned hereby certifies that a copy of this paper has been served upon all parties. Application/ NONE Application Date NONE Registration No. Notice of Opposition (12-1-09). First use: First Use: 2009/04/08 First Use In Commerce: 2009/04/08 Downloadable computer game software for use on wireless devices and computers Class 041. Signature /Joshua J. providing on-line computer games U. at their address record by First Class Mail on this date.S. namely. First use: First Use: 2008/09/08 First Use In Commerce: 2008/09/08 Entertainment services. Goods/Services Class 009. Registration Date NONE Word Mark MAFIA WARS Goods/Services Clothing and hats Attachments 77772110#TMSN. Design Mark Description of The mark consists of the words "MAFIA WARS" with shading around the edges Mark to suggest a raised surface.0. Richman Date 12/01/2009 .

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EXHIBIT A .

PTO Form 1478 (Rev 9/2006) OMB No. PIXEL COUNT ACCEPTABLE NO PIXEL COUNT 1125 x 450 REGISTER Principal APPLICANT INFORMATION *OWNER OF MARK Zynga Game Network Inc. 0651-0009 (Exp 12/31/2008) Trademark/Service Mark Application. if suggest a raised metallic shiny surface of the black letters.JPG *SPECIAL FORM YES USPTO-GENERATED IMAGE NO LITERAL ELEMENT Mafia Wars *COLOR MARK NO *COLOR(S) CLAIMED (If applicable) *DESCRIPTION OF The mark consists of The words Mafia Wars in black. with grey applicable) outlining to each letter. The wording "(if applicable)" appears where the field is only mandatory under the facts of the particular application. with white shading to THE MARK (and Color Location. Input Field Entered TEAS Plus YES MARK INFORMATION *MARK \\TICRS\EXPORT8\IMAGEOUT8 \777\721\77772110\xml4\FT K0002. The table below presents the data as entered. . Principal Register TEAS Plus Application Serial Number: 77772110 Filing Date: 07/01/2009 NOTE: Data fields with the * are mandatory under TEAS Plus.

94103 applicants only) PHONE 212-554-7625 FAX 212-377-6032 EMAIL ADDRESS mschwimmer@mosessinger. *INTERNATIONAL .pdf CONVERTED PDF FILE(S) \\TICRS\EXPORT8\IMAGEOUT8\777\721\77772110\xml4\FTK0003._Zynga.com LEGAL ENTITY INFORMATION *TYPE CORPORATION * STATE/COUNTRY OF Delaware INCORPORATION GOODS AND/OR SERVICES AND BASIS INFORMATION *INTERNATIONAL CLASS 009 IDENTIFICATION Downloadable computer software for use on wireless devices and computers *FILING BASIS SECTION 1(a) FIRST USE ANYWHERE DATE At least as early as 04/08/2009 FIRST USE IN COMMERCE DATE At least as early as 04/08/2009 SPECIMEN FILE NAME(S) ORIGINAL PDF spec-3810820110-112339425_.Inc_-_Game_- FILE _Mafia_Wars_iPhone.S.JPG (1 page) SPECIMEN DESCRIPTION screenshot of downloadable computer game.*STREET 365 Vermont Street *CITY San Francisco *STATE (Required for U. New York applicants) *COUNTRY United States *ZIP/POSTAL CODE (Required for U.S.

pdf CONVERTED PDF FILE(S) \\TICRS\EXPORT8\IMAGEOUT8\777\721\77772110\xml4\FTK0004.JPG SPECIMEN DESCRIPTION Screenshot of computer game._Zynga_Mafia_Wars_on_Facebook.JPG (2 pages) \\TICRS\EXPORT8\IMAGEOUT8\777\721\77772110\xml4\FTK0005. namely. providing on-line computer games *FILING BASIS SECTION 1(a) FIRST USE ANYWHERE DATE At least as early as 09/08/2008 FIRST USE IN COMMERCE DATE At least as early as 09/08/2008 SPECIMEN FILE NAME(S) ORIGINAL PDF FILE spec-3810820110-112339425_. ADDITIONAL STATEMENTS SECTION *TRANSLATION (if applicable) * TRANSLITERATION (if applicable) *CLAIMED PRIOR REGISTRATION (if applicable) *CONSENT (NAME/LIKENESS) (if applicable) *CONCURRENT USE CLAIM (if applicable) ATTORNEY INFORMATION NAME Martin Schwimmer FIRM NAME Moses & Singer LLP STREET 405 Lexington Avenue CITY New York STATE New York .CLASS 041 IDENTIFICATION Entertainment services.

com *AUTHORIZED TO COMMUNICATE VIA Yes EMAIL FEE INFORMATION NUMBER OF CLASSES 2 FEE PER CLASS 275 *TOTAL FEE PAID 550 SIGNATURE INFORMATION * SIGNATURE /mschwimmer/ * SIGNATORY'S .STATE New York COUNTRY United States ZIP/POSTAL CODE 10174 PHONE 212 554 7625 FAX 212-377-6032 EMAIL ADDRESS mschwimmer@mosessinger.S.com AUTHORIZED TO COMMUNICATE VIA Yes EMAIL CORRESPONDENCE INFORMATION *NAME Martin Schwimmer FIRM NAME Moses & Singer LLP *STREET 405 Lexington Avenue *CITY New York *STATE (Required for U. New York applicants) *COUNTRY United States *ZIP/POSTAL CODE 10174 PHONE 212 554 7625 FAX 212-377-6032 *EMAIL ADDRESS mschwimmer@mosessinger.

with white shading to suggest a raised metallic shiny surface of the black letters. and is now in use in such commerce.S. having an address of 365 Vermont Street San Francisco. New York 94103 United States requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5. 1946 (15 U.C. Principal Register TEAS Plus Application Serial Number: 77772110 Filing Date: 07/01/2009 To the Commissioner for Trademarks: MARK: Mafia Wars (stylized and/or with design. NY bar member * DATE SIGNED 07/01/2009 PTO Form 1478 (Rev 9/2006) OMB No. with grey outlining to each letter. see mark) The literal element of the mark consists of Mafia Wars.C.S. for the following: For specific filing basis information for each item. The applicant. as amended. The applicant is . Zynga Game Network Inc. In International Class 009. * SIGNATORY'S NAME Martin Schwimmer * SIGNATORY'S POSITION Attorney. you must view the display within the Input Table. 15 U. or the applicant's predecessor in interest used the mark in commerce.). International Class 009: Downloadable computer software for use on wireless devices and computers Use in Commerce: The applicant is using the mark in commerce. The mark consists of The words Mafia Wars in black. Section 1051(a). 0651-0009 (Exp 12/31/2008) Trademark/Service Mark Application. on or in connection with the identified goods and/or services. The applicant is not claiming color as a feature of the mark. Section 1051 et seq. and first used in commerce at least as early as 04/08/2009. as amended. or the applicant's related company or licensee is using the mark in commerce. a corporation of Delaware. the mark was first used at least as early as 04/08/2009..

submitting one specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services. Correspondence Information: Martin Schwimmer 405 Lexington Avenue New York. Section 1051(a).. the mark was first used at least as early as 09/08/2008.com (authorized) A fee payment in the amount of $550 has been submitted with the application. Declaration . as amended. consisting of a(n) screenshot of downloadable computer game. New York 10174 United States to submit this application on behalf of the applicant. International Class 041: Entertainment services.. representing payment for 2 class(es). or the applicant's predecessor in interest used the mark in commerce. providing on-line computer games Use in Commerce: The applicant is using the mark in commerce. 15 U._Zynga.S.Inc_-_Game_-_Mafia_Wars_iPhone. on or in connection with the identified goods and/or services. and is now in use in such commerce. you must view the display within the Input Table. and first used in commerce at least as early as 09/08/2008.pdf Converted PDF file(s) (2 pages) Specimen File1 Specimen File2 The applicant hereby appoints Martin Schwimmer of Moses & Singer LLP 405 Lexington Avenue New York. New York 10174 212 554 7625(phone) 212-377-6032(fax) mschwimmer@mosessinger. Original PDF file: spec-3810820110-112339425_.pdf Converted PDF file(s) (1 page) Specimen File1 For specific filing basis information for each item. The applicant is submitting one specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services. consisting of a(n) Screenshot of computer game._Zynga_Mafia_Wars_on_Facebook. Original PDF file: spec-3810820110-112339425_. In International Class 041. or the applicant's related company or licensee is using the mark in commerce. namely.C.

to cause confusion. or association has the right to use the mark in commerce. and that all statements made on information and belief are believed to be true. and the like.C. and that all statements made of his/her own knowledge are true. and that such willful false statements. or. Signature: /mschwimmer/ Date Signed: 07/01/2009 Signatory's Name: Martin Schwimmer Signatory's Position: Attorney. or both.C.The undersigned. Section 1051(b).S. or to cause mistake. he/she believes applicant to be entitled to use such mark in commerce. firm. he/she believes the applicant to be the owner of the trademark/service mark sought to be registered.S.108.201. to the best of his/her knowledge and belief no other person. corporation. under 18 U. or to deceive. either in the identical form thereof or in such near resemblance thereto as to be likely. if the application is being filed under 15 U. NY bar member RAM Sale Number: 9674 RAM Accounting Date: 07/01/2009 Serial Number: 77772110 Internet Transmission Date: Wed Jul 01 11:44:36 EDT 2009 TEAS Stamp: USPTO/FTK-38. when used on or in connection with the goods/services of such other person.10-2009070111443629 4739-77772110-4002359eccfbf7f439e83e6f35 31e8a7d-DA-9674-20090701112339425689 . may jeopardize the validity of the application or any resulting registration. being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment. declares that he/she is properly authorized to execute this application on behalf of the applicant. Section 1001.