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

gov
ESTTA Tracking number: ESTTA324882
Filing date: 01/02/2010
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
Proceeding 91192855
Party Defendant
KELEJIAN, DAVID LAWRENCE
Correspondence KELEJIAN, DAVID LAWRENCE
Address 535 WESTSIDE BLVD
CATONSVILLE, MD 21228-4078

BKELEJIAN@VERIZON.NET
Submission Answer
Filer's Name David Lawrence Kelejian
Filer's e-mail bkelejian@verizon.net
Signature /David Kelejian/
Date 01/02/2010
Attachments usptoanswers.pdf ( 3 pages )(64071 bytes )
77760348.pdf ( 4 pages )(113294 bytes )
77772110.pdf ( 11 pages )(102787 bytes )
 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

In the Matter of Trademark Application

Serial No. 77/760,348
Published for Opposition on November 3, 2009

Zynga Game Network, Inc.,

Opposition No. 91192855
Opposer,

David Lawrence Kelejian,

Applicant

ANSWERS TO OPPOSITION

I, David Lawrence Kelejian, (Applicant), an individual residing at 535 Westside

Blvd., Catonsville, Maryland 21228, believes Zynga (Opposer) has no right to the Mark
MAFIA WARS and answers as follows:

1. I have been interested in creating a branded line of clothing, namely tee

shirts similar to the style of “The Hard Rock Café”, and have been an avid collector of
such clothing for many years.

2. I filed a trademark application on June 15, 2009 after searching the

USPTO’s database in early June 2009. The words MAFIA WARS were not registered.

3. I filed my application on June 15, 2009, Trademark Application No.

77/760,348 and was published on November 3, 2009. Opposer filed 16 days later on July
1, 2009, hence the later Trademark Application Number of 77/772,110. Opposer does not
own the rights and interest of the Mark MAFIA WARS.

4. I investigated prior to my filing and found no evidence of a MAFIA

WARS on-line store or clothing line. Opposer launched a limited clothing line through a
third party provider after Opposer applied for trademark registration on July 1, 2009.

1
 5. I filed for trademark rights on June 15, 2009, 16 days prior to Opposer’s
filing.

6. The MAFIA WARS Mark in my application is dependent of the colors

black, silver, gray and white. These colors are a feature of the Mark. The Mark consists
of the stylized wording "MAFIA WARS" within a square background carrier. The letters
are in black with white outlining and silver highlights. The square is gray. Opposer’s
Mark is not claiming color as a feature and does not have a background carrier.

7. I filed to register the Mark MAFIA WARS on June 15, 2009 for clothing
in International Class 25. Opposer filed on July 1, 2009 for International Class 009,
downloadable computer software for use on wireless devices and computers, not
clothing.

8. Opposer’s Mark resembles my Mark and may cause confusion. Yet, the
Lanham Act, stated in the Opposition filed, (15 USC 1052(d)) confers that the Director
may issue concurrent registrations to more than one person with certain provisions and
limitations on each.

9. Opposer stated first use of the Mark MAFIA WARS on April 8, 2009. I
filed my Trademark Application on June 15, 2009. The amount of time lapsed is hardly
sufficient to become “famous”. Opposer’s first use date of April 8, 2009 is for
downloadable computer software, not clothing. Opposer, to date, still, has not filed for
Trademark rights for clothing.

10. The registration approval of my Mark MAFIA WARS will not infringe or
dilute Opposer’s Mark, as the Mark does not belong to Opposer. My design is different.

THEREFORE, it is respectfully requested this opposition be denied and the

registration sought be granted.

Dated: January 2, 2010 With Respect,

David Lawrence Kelejian

535 Westside Blvd.
Catonsville, MD 21228
bkelejian@verizon.net
Applicant

2
 Certificate of Service

I hereby certify that on January 2, 2010, a copy of the foregoing was sent by U.S. mail to
the following correspondent of record:

John M. Kim
Joshua J. Richman
Attorneys for Opposer Zynga Game Network, Inc.
IP Legal Advisors, P.C.
1940 Garnet Avenue, Suite 230
San Diego, CA 92109

_______________________

David Lawrence Kelejian

3
PTO Form 1478 (Rev 9/2006)
OMB No. 0651-0009 (Exp 12/31/2008)

Trademark/Service Mark Application, Principal Register

TEAS Plus Application
Serial Number: 77760348
Filing Date: 06/15/2009

NOTE: Data fields with the * are mandatory under TEAS Plus. The wording "(if applicable)" appears
where the field is only mandatory under the facts of the particular application.

The table below presents the data as entered.

Input Field Entered
TEAS Plus YES
MARK INFORMATION
\\TICRS\EXPORT7\IMAGEOUT7
*MARK
\777\603\77760348\xml1\FT K0002.JPG
*SPECIAL FORM YES
USPTO-GENERATED IMAGE NO
LITERAL ELEMENT Mafia Wars
*COLOR MARK YES
*DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of Mafia Wars.

*COLOR(S) CLAIMED The color(s) black, silver, gray, white is/are

(If applicable) claimed as a feature of the mark.
PIXEL COUNT ACCEPTABLE YES
PIXEL COUNT 270 x 270
REGISTER Principal
APPLICANT INFORMATION
*OWNER OF MARK KELEJIAN, DAVID LAWRENCE
*STREET 535 WESTSIDE BLVD
*CITY CATONSVILLE
*STATE
Maryland
(Required for U.S. applicants)

*COUNTRY United States

*ZIP/POSTAL CODE
21228
(Required for U.S. applicants only)

PHONE 301-520-1683
EMAIL ADDRESS BKELEJIAN@VERIZON.NET
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
LEGAL ENTITY INFORMATION
*TYPE INDIVIDUAL
* COUNTRY OF CITIZENSHIP United States
GOODS AND/OR SERVICES AND BASIS INFORMATION
*INTERNATIONAL CLASS 025
Athletic apparel, namely, shirts, pants,
jackets, footwear, hats and caps, athletic
IDENTIFICATION uniforms; Children's and infant's apparel,
namely, jumpers, overall sleepwear, pajamas,
rompers and one-piece garments
*FILING BASIS SECTION 1(b)
ADDITIONAL STATEMENTS SECTION
*TRANSLATION
(if applicable)

*TRANSLITERATION
(if applicable)

*CLAIMED PRIOR REGISTRATION

(if applicable)

*CONSENT (NAME/LIKENESS)
(if applicable)

*CONCURRENT USE CLAIM

(if applicable)

CORRESPONDENCE INFORMATION
*NAME KELEJIAN, DAVID LAWRENCE
*STREET 535 WESTSIDE BLVD
*CITY CATONSVILLE
PTO Form 1478 (Rev 9/2006)
OMB No. 0651-0009 (Exp 12/31/2008)

Trademark/Service Mark Application, Principal Register

TEAS Plus Application
Serial Number: 77772110
Filing Date: 07/01/2009

NOTE: Data fields with the * are mandatory under TEAS Plus. The wording "(if applicable)" appears
where the field is only mandatory under the facts of the particular application.

The table below presents the data as entered.

Input Field Entered
TEAS Plus YES
MARK INFORMATION
\\TICRS\EXPORT8\IMAGEOUT8 \777\721\77772110\xml4\FT
*MARK
K0002.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 white shading to
THE MARK
(and Color Location, if suggest a raised metallic shiny surface of the black letters, with grey
applicable) outlining to each letter.

PIXEL COUNT
ACCEPTABLE
NO

PIXEL COUNT 1125 x 450

REGISTER Principal
APPLICANT INFORMATION
*OWNER OF MARK Zynga Game Network Inc.
*STREET 365 Vermont Street
*CITY San Francisco
*STATE
(Required for U.S. New York
applicants)

*COUNTRY United States

*ZIP/POSTAL CODE
(Required for U.S. 94103
applicants only)

PHONE 212-554-7625
FAX 212-377-6032
EMAIL ADDRESS mschwimmer@mosessinger.com
LEGAL ENTITY INFORMATION
*TYPE CORPORATION
* STATE/COUNTRY
OF Delaware
INCORPORATION

GOODS AND/OR SERVICES AND BASIS INFORMATION

*INTERNATIONAL
CLASS
009

Downloadable computer software for use on wireless devices and

IDENTIFICATION
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)

spec-3810820110-112339425_._Zynga.Inc_-_Game_-
ORIGINAL PDF
FILE _Mafia_Wars_iPhone.pdf
CONVERTED
PDF FILE(S) \\TICRS\EXPORT8\IMAGEOUT8\777\721\77772110\xml4\FTK0003.JPG
(1 page)

SPECIMEN
DESCRIPTION
screenshot of downloadable computer game.

*INTERNATIONAL