Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA959955 Filing date: 03/13/2019 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 Gaia, Inc. Entity Corporation Citizenship Colorado Address 833 W. South Boulder Road Louisville, CO 80027 UNITED STATES Correspondence information Jonathan Kirsch Attorney of Record Law Offices of Jonathan Kirsch 1880 Century Park East Suite 515 Los Angeles, CA 90067 UNITED STATES jk@jonathankirsch.com, jw@jonathankirsch.com 310 785 1200 Applicant Information Application No 87821401 Publication date 02/12/2019 Opposition Filing Date 03/13/2019 Opposition Peri- od Ends 03/14/2019 Applicant Goode Enterprise Solutions, Inc. 1140 US HW 287 Ste 400-266 Broomfield, CO 80020 UNITED STATES Goods/Services Affected by Opposition Class 016. First Use: 2014/05/01 First Use In Commerce: 2014/05/01 All goods and services in the class are opposed, namely: paper goods, namely, comic books; Comic- strips; Posters; Magazines featuring printed stories in illustrated form and comic book stories and art- work; Printed periodicals in the field of comic book stories and artwork; Printed visuals in thenature of comic book stories and artwork; Series of fiction books; trading cards, namely, collectible trading cards Class 025. First Use: 2014/05/01 First Use In Commerce: 2014/05/01 All goods and services in the class are opposed, namely: clothing; namely, T-shirts, sweatshirts, pa- jamas, hats, bandanas, socks, Halloween and masquerade costumes for men, women and children Class 041. First Use: 2014/05/01 First Use In Commerce: 2014/05/01 All goods and services in the class are opposed, namely: entertainment services in the field of film and television, namely, the production and distribution of motion picture films, animated movies, tele- vision programs and creation, production and distribution of computer generated images for motion picture films, animated movies, videos, animated videos, television programs; animation production services; providing television and motion picture audio and visual special effects animation services for film, video and television; film studios services, namely, pre-production, and post-production for motion pictures, videos, animation and television programs; production of sound recordings;providing on-line non-downloadable interactive computer game software over an electronic network that may be accessed network-wide by network users; providing online computer games; providing websites featuring information in the field of entertainment relating to comic books, motion picture films, anim- ated televisionprograms and video games; providing news and information in the field of entertain- ment relating to comic books, motion picture films, animated television programs and video games over an electronic network; amusement park and theme park services; educational services, namely, developing, arranging and conducting educational seminars and programs in the field of comic books; and subscription-basedonline on video services, namely, providing films not downloadable via video-on-demand transmission services Grounds for Opposition The mark is merely descriptive Trademark Act Section 2(e)(1) The mark is generic Trademark Act Sections 1, 2 and 45 No use of mark in commerce before application or amendment to allege use was filed Trademark Act Sections 1(a) and (c) Failure to function as a mark Trademark Act Sections 1, 2 and 45 Fraud on the USPTO In re Bose Corp., 580 F.3d 1240, 91 USPQ2d 1938 (Fed. Cir. 2009) Related Proceed- ings 91245558 Attachments Notice of Opposition.pdf(891900 bytes ) Signature /Jonathan Kirsch/ Name Jonathan Kirsch Date 03/13/2019