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ESTTA379073 11/17/2010

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 Entity Address Chivas Holdings (IP) Limited Limited Company 111-113 Renfrew Road Paisley Renfrewshire, PA34DY UNITED KINGDOM Louis S. Ederer Arnold & Porter LLP 399 Park Avenue New York, NY 10022 UNITED STATES trademarkdocketing@aporter.com Phone:212-715-1000 Citizenship United Kingdom

Attorney information

Applicant Information
Application No Opposition Filing Date Applicant 85047777 11/17/2010 Cigars By Chivas Inc. 58 S. Delacey Pasadena, CA 91105 UNITED STATES Publication date Opposition Period Ends 10/26/2010 11/25/2010

Goods/Services Affected by Opposition
Class 035. All goods and services in the class are opposed, namely: Retail store services featuring tobacco products, cigars, lighters, humidors, and ashtrays

Grounds for Opposition
Deceptiveness False suggestion of a connection Priority and likelihood of confusion Dilution Trademark Act section 2(a) Trademark Act section 2(a) Trademark Act section 2(d) Trademark Act section 43(c)

Marks Cited by Opposer as Basis for Opposition
U.S. Registration No. Registration Date Word Mark 309456 01/16/1934 CHIVAS Application Date Foreign Priority Date 09/12/1933 NONE

Design Mark

Description of Mark Goods/Services

NONE Class U049 (International Class 033). First use: First Use: 1801/00/00 First Use In Commerce: 1801/00/00 WHISKEY 3058704 02/14/2006 CHIVAS Application Date Foreign Priority Date 02/24/2004 NONE

U.S. Registration No. Registration Date Word Mark Design Mark

Description of Mark Goods/Services

NONE Class 033. First use: First Use: 1801/00/00 First Use In Commerce: 1801/00/00 Potable distilled spirits 325152 06/11/1935 CHIVAS REGAL NONE Class U049 (International Class 033). First use: First Use: 1891/00/00 First Use In Commerce: 1891/00/00 WHISKY 2938332 Application Date 11/06/2003 Application Date Foreign Priority Date 10/24/1933 NONE

U.S. Registration No. Registration Date Word Mark Design Mark Description of Mark Goods/Services

U.S. Registration No.

Registration Date Word Mark Design Mark

04/05/2005 THIS IS THE CHIVAS LIFE

Foreign Priority Date

10/16/2003

Description of Mark Goods/Services

NONE Class 033. First use: Alcoholic beverages, namely, whisky, malt whisky, and whisky liqueurs 3066085 03/07/2006 Application Date Foreign Priority Date 01/10/2004 11/19/2003

U.S. Registration No. Registration Date Word Mark Design Mark

CHIVAS REGAL GOLD SIGNATURE

Description of Mark Goods/Services

NONE Class 033. First use: Alcoholic beverages, namely, Scotch whisky and Scotch whisky based liqueurs 3810940 06/29/2010 CHIVAS Application Date Foreign Priority Date 08/17/2007 08/01/2007

U.S. Registration No. Registration Date Word Mark Design Mark

Description of Mark

The mark consists of the shape of a bottle along the words "CHIVAS", "TREIBHIREAS", "BHO 1801" and "BUNAITEACHD", and the designs appearing on the bottle comprising a banner, scroll, staff and shield device containing a crowned man mounted on a horse holding a sword. Class 033. First use: Alcoholic beverages, namely, distilled spirits and liqueurs 621894 02/21/1956 Application Date Foreign Priority Date 11/30/1953 NONE

Goods/Services

U.S. Registration No. Registration Date

Word Mark Design Mark

CHIVAS REGAL BLENDED SCOTCH WHISKEY PRODUCE OF SCOTLAND FOUNDED 1801

Description of Mark Goods/Services

NONE Class U049 (International Class 033). First use: First Use: 1951/06/00 First Use In Commerce: 1951/06/00 SCOTCH WHISKY 3839820 08/31/2010 Application Date Foreign Priority Date 03/25/2009 02/25/2009

U.S. Registration No. Registration Date Word Mark Design Mark

CHIVAS REGAL BLENDED SCOTCH WHISKEY AGED 12 YEARS

Description of Mark

The mark consists of the three-dimensional configuration of a fanciful bottle design and labels. The bottle design has a bulging neck and the wording "ESTD 1801" embossed on the bottle below the neck. The label features consists of a gold and copper shield with a large brown outline with scalloped edges. Across the top of the brown outline is the wording "CHIVAS BROS. LTD KEITH SCOTLAND". Across the front of the shield are two crossed silver swords. At the top of the shield appears a coat of arms in blue and red with a black outline and with white leaves surrounding it and with the wording "TREIBHIREAS BUNAITEACHD" in black on a white scroll above the coat of arms and the wording "FOUNDED 1801" in black on a white scroll below the coat of arms. Below the coat of arms appears the wording "PRINCE OF WHISKIES" in black. Below the coat of arms and across the front of the shield are three banners. The top and middle banners are in red and black with gold outline with the wording "CHIVAS REGAL" in white on the top banner and "BLENDED SCOTCH WHISKEY" in gold on the middle banner. The bottom banner is in gold with silver outline and with the wording "40% ALC./VOL. 700 ML" in black across the left side of the banner, "BLENDED AND BOTTLED IN SCOTLAND BY CHIVAS BROTHERS LTD", "DISTILLERS KEITH AB55 5BS SCOTLAND" in back across the middle of the banner, and "40% VOL 40° G.L. 70 CL E" in black across the

right side of the banner. Between the top and middle banners appears an oval in red and black with gold outline and the wording "AGED 12 YEARS" in white. Between the middle and bottom banners appears the wording "PRODUCE OF SCOTLAND" in black." At the top bottle is a neck wrapper in red with a gold band. Inside the gold band is the wording "PREMIUM WHISKY" in gold and a fanciful design of a lion in gold surrounded by a brown rectangle. Goods/Services Class 033. First use: Whisky; Whisky based drinks including whisky based alcoholic cocktails 3215926 03/06/2007 CHIVAS REGAL Application Date Foreign Priority Date 06/11/2005 05/18/2005

U.S. Registration No. Registration Date Word Mark Design Mark

Description of Mark Goods/Services

NONE Class 033. First use: ALCOHOLIC BEVERAGES, NAMELY DISTILLED SPIRITS; DISTILLED ALCOHOLIC BEVERAGES, NAMELY WHISKY, MALT WHISKY, WHISKY LIQUEURS; BEVERAGES MADE FROM OR CONTAINING WHISKY 3215927 03/06/2007 CHIVAS REGAL Application Date Foreign Priority Date 06/11/2005 05/18/2005

U.S. Registration No. Registration Date Word Mark Design Mark

Description of Mark Goods/Services

NONE Class 033. First use: ALCOHOLIC BEVERAGES, NAMELY DISTILLED SPIRITS; DISTILLED

ALCOHOLIC BEVERAGES, NAMELY WHISKY, MALT WHISKY, WHISKY LIQUEURS; BEVERAGES MADE FROM OR CONTAINING WHISKY U.S. Registration No. Registration Date Word Mark 3784990 05/04/2010 Application Date Foreign Priority Date 03/06/2009 01/23/2009

CHIVAS REGAL BLENDED SCOTCH WHISKY AGED 12 YEARS PRODUCE OF SCOTLAND BLENDED AND BOTTLED IN SCOTLAND BY CHIVAS BROTHERS LTD

Design Mark

Description of Mark

The mark consists of a gold and copper shield with a large brown outline with scalloped edges. Across the front of the shield are two crossed silver swords. At the top of the shield appears a coat of arms in blue and red with a black outline and with white leaves surrounding it and with the wording "TREIBHIREAS BUNAITEACHD" in brown on a white scroll above the coat of arms and the wording "FOUNDED 1801" in black on a white scroll below the coat of arms. Below the coat of arms appears the wording "PRINCE OF WHISKIES" in black. Below the coat of arms and across the front of the shield are three banners. The top and middle banners are in red and black with gold outline with the wording "CHIVAS REGAL" in white on the top banner and "BLENDED SCOTCH WHISKEY" in gold on the middle banner. The bottom banner is in gold with silver outline and with the wording "40% ALC./VOL. 700 ML" in black across the left side of the banner, "BLENDED AND BOTTLED IN SCOTLAND BY CHIVAS BROTHERS LTD," "DISTILLERS KEITH AB55 5BS SCOTLAND" in back across the middle of the banner, and "40% VOL 40° G.L. 70 CL E" in black across the right side of the banner. Between the top and middle banners appears an oval in red and black with gold outline and the wording "AGED 12 YEARS" in white. Between the middle and bottom banners appears the wording "PRODUCE OF SCOTLAND" in black. Class 020. First use: Display stands Class 033. First use: Alcoholic beverages except beers; whisky; prepared alcoholic cocktails containing whisky 3856909 10/05/2010 CHIVAS REGAL Application Date Foreign Priority Date 08/03/2009 07/14/2009

Goods/Services

U.S. Registration No. Registration Date Word Mark

Design Mark

Description of Mark

The mark consists of fanciful vines, two lions and bottle containing a shield with scalloped edges. Across the front of the shield are two crossed swords. At the top of the shield appears a coat of arms with white leaves surrounding it and with the wording "TREIBHIREAS BUNAITEACHD". Above the coat of arms appears the wording "FOUNDED 1801". Below the coat of arms appears the wording "PRINCE OF WHISKIES". Below the coat of arms and across the front of the shield are four banners and an oval design. The top banner contains the wording "CHIVAS REGAL". The middle banner contains the wording "BLENDED SCOTCH", and oval that reads "AGED 12 YEARS", and the third banner containing the word "WHISKY". The bottom banner contains the wording "40% ALC./VOL. 700 ML", "BLENDED AND BOTTLED IN SCOTLAND BY CHIVAS BROTHERS LTD", "DISTILLERS KEITH AB55 5BS SCOTLAND", and "40% VOL 40° G.L. 70 CL E" and the wording "PRODUCE OF SCOTLAND". Class 033. First use: Alcoholic beverages except beers; whisky; prepared alcoholic cocktails containing whisky

Goods/Services

Attachments

71341525#TMSN.gif ( 1 page )( bytes ) 78373083#TMSN.jpeg ( 1 page )( bytes ) 79000216#TMSN.jpeg ( 1 page )( bytes ) 79000560#TMSN.jpeg ( 1 page )( bytes ) 79045063#TMSN.jpeg ( 1 page )( bytes ) 71657112#TMSN.gif ( 1 page )( bytes ) 77698533#TMSN.jpeg ( 1 page )( bytes ) 79012477#TMSN.jpeg ( 1 page )( bytes ) 79012478#TMSN.jpeg ( 1 page )( bytes ) 79068688#TMSN.jpeg ( 1 page )( bytes ) 79072776#TMSN.jpeg ( 1 page )( bytes ) Cigars by Chivas - Notice of Opposition.pdf ( 7 pages )(96370 bytes )

Certificate of Service
The undersigned hereby certifies that a copy of this paper has been served upon all parties, at their address record by First Class Mail on this date.

Signature Name Date

/Louis S. Ederer/ Louis S. Ederer 11/17/2010

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