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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
ANSWER
Applicant, Durfort Holdings, S.A., by and through undersigned counsel answers the
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.
Opposition.
Opposition.
Opposition.
Opposition.
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
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
2
WHEREFORE, Applicant, Durfort Holdings, S.A., respectfully requests that the
Respectfully submitted,
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:
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.
P:\ClientFiles\99\992\99230.13\Answer.wpd