From: Moninghoff, Kim Sent: 2/4/2013 11:27:24 AM To: TTAB EFiling CC: Subject: U.S. TRADEMARK APPLICATION NO. 85502610 - BRIGADE - N/A - Request for Reconsideration Denied - Return to TTAB ************************************************* Attachment Information: Count: 3 Files: 01forbad.jpg, 01b.jpg, 85502610.doc

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO) OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

U.S. APPLICATION SERIAL NO. 85502610 MARK: BRIGADE

*85502610* CORRESPONDENT ADDRESS: JEFFREY D. COHEN JEFFREY D. COHEN P O BOX 3099 SAN DIEGO, CA 92163

GENERAL TRADEMARK INFORMATION: http://www.uspto.gov/trademarks/index.jsp

APPLICANT: A2Z Trends, LLC

CORRESPONDENT’S REFERENCE/DOCKET NO: N/A CORRESPONDENT E-MAIL ADDRESS: jcohen1@san.rr.com

REQUEST FOR RECONSIDERATION DENIED ISSUE/MAILING DATE: 2/4/2013 The trademark examining attorney has carefully reviewed applicant’s request for reconsideration and is denying the request for the reasons stated below. See 37 C.F.R. §2.64(b); TMEP §§715.03(a)(2)(B), (a)(2)(E), 715.04(a). The refusal made final in the Office action dated August 28, 2012 is maintained and continues to be final. See TMEP §§715.03(a)(2)(B), (a)(2)(E), 715.04(a). In the present case, applicant’s request has not resolved all the outstanding issues, nor does it raise a new issue or provide any new or compelling evidence with regard to the outstanding issues the final Office action. In addition, applicant’s analysis and arguments are not persuasive nor do they shed new light on the issues. Accordingly, the request is denied. The applicant has essentially presented the same arguments regarding the differences in the mark that were addressed in the Final Office action. In response to the applicant’s assertion that “there is NO OTHER WORD in the English language ending in ‘AD’ that is pronounced with a long ‘A’ as in ADE,” the applicant is also referred to the attached dictionary evidence for the past tense of FORBID. This evidence demonstrates that the past tense of this term, which is pronounced with a long A, may be spelled FORBAD or FORBADE, and is thus additional evidence that the parties’ marks in this case are similar in commercial impression.

Even though the applicant has conceded that “the Registrant's goods and those of Applicant may be considered competitive”, the Examining Attorney is now supplementing the record with some additional evidence to further demonstrate the relatedness of the applicant’s goods, particularly the uniforms, to the registrant’s goods. Specifically, the trademark examining attorney has attached evidence from the USPTO’s X-Search database consisting of a representative sample of 15 third-party marks registered for use in connection with the same or similar goods as those of both applicant and registrant in this case. This evidence shows that the goods listed therein, namely, uniforms and the various types of clothing items in the registrant’s identification of goods, are of a kind that may emanate from a single source under a single mark. See In re Anderson, 101 USPQ2d 1912, 1919 (TTAB 2012); In re Albert Trostel & Sons Co., 29 USPQ2d 1783, 1785-86 (TTAB 1993); In re Mucky Duck Mustard Co., 6 USPQ2d 1467, 1470 n.6 (TTAB 1988); TMEP §1207.01(d)(iii). See U.S. Registration Nos. 4240891, 4263983, 4264225, 4271515, 4274377, 4279075, 4279839, 4280217, 4280495, 4281677, 4281753, 4282518, 4283104, 4283625, and 4283649. The filing of a request for reconsideration does not extend the time for filing a proper response to a final Office action or an appeal with the Trademark Trial and Appeal Board (Board), which runs from the date the final Office action was issued/mailed. See 37 C.F.R. §2.64(b); TMEP §715.03, (a)(2)(B), (a)(2)(E), (c). Because time remains in the six-month response period to the final Office action, the applicant has the remainder of the response period to overcome the outstanding final refusal. TMEP §715.03(a)(2)(B), (c). Because the applicant has filed a timely notice of appeal with the Board, the Board will be notified to resume the appeal when the time for responding to the final Office action has expired. See TMEP §715.04(a).

/Kim Teresa Moninghoff/ Examining Attorney Law Office 113 Phone: 571-272-4738 Fax: 571-273-9113 Email: kim.moninghoff@uspto.gov

Mark BEL MONDO MEN Translation The English translation of "Bel Mondo" in the mark is Beautiful World. Goods and Services IC 025. US 022 039. G & S: Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Baseball caps; Bathrobes; Belts; Caps; Coats; Gloves; Hats; Jackets; Leather coats; Loungewear; Pajamas; Pants; Scarves; Shirts; Shoes; Slippers; Socks; Sport coats; Suits; Suspenders; Sweaters; Swimsuits; T-shirts; Tuxedos; Underwear; Vests. FIRST USE: 19910823. FIRST USE IN COMMERCE: 19910823 Standard Characters Claimed STANDARD CHARACTERS CLAIMED Mark Drawing Code (4) STANDARD CHARACTER MARK Serial Number 85615187 Filing Date May 2, 2012 Filing Basis 1A Original Filing Basis 1A Publication for Opposition Date October 9, 2012 Registration Number 4263983 Registration Date December 25, 2012 Owner Name and Address (REGISTRANT) Georges Michel Dow Georges Michel Dow, a U.S. Citizen SOLE PROPRIETORSHIP CALIFORNIA 1130 20th St #8 Santa Monica CALIFORNIA 90403 Disclaimer Statement NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "MEN" APART FROM THE MARK AS SHOWN Type of Mark TRADEMARK Register PRINCIPAL Live Dead Indicator LIVE

Mark NINH Goods and Services IC 025. US 022 039. G & S: Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Bermuda shorts; Blazers; Board shorts; Bolo ties; Bomber jackets; Bow ties; Button down shirts; Button-front aloha shirts; Camouflage jackets; Camouflage pants; Camouflage shirts; Capri pants; Cargo pants; Clothing for athletic use, namely, padded pants; Clothing for athletic use, namely, padded shirts; Coats for men and women; Coats made of cotton; Coats of denim; Collared shirts; Crop pants; Custom made to measure suits for men and women; Denim jackets; Denims; Down jackets; Dress pants; Dress shirts; Dress suits; Fur coats; Fur coats and jackets; Fur jackets; Gym pants; Heavy jackets; Hooded sweat shirts; Hunting jackets; Jacket liners; Jackets; Jackets and socks; Jeans; Jogging pants; Knit jackets; Knit shirts; Leather coats; Leather jackets; Leather pants; Leather shirts; Light-reflecting jackets; Long jackets; Long-sleeved shirts; Lounge pants; Men's and women's jackets, coats, trousers, vests; Men's suits; Men's suits, women's suits; Morning coats; Motorcycle jackets; Open-necked shirts; Outer jackets; Over coats; Over shirts; Pants; Pique shirts; Polo shirts; Rain coats; Rain jackets; Rainproof jackets; Shirts and short-sleeved shirts; Shirts for suits; Short trousers; Short-sleeved or long-sleeved t-shirts; Short-sleeved shirts; Sleep pants; Sleeved or sleeveless jackets; Smoking jackets; Sport coats; Sports jackets; Stretch pants; Suede jackets; Suit coats; Sweat jackets; Sweat pants; Sweat shirts; T-shirts; Ties; Top coats; Track jackets; Track pants; Trench coats; Waterproof jackets and pants; Wind coats; Wind resistant jackets; Wind-jackets. FIRST USE: 20110211. FIRST USE IN COMMERCE: 20110901 Standard Characters Claimed STANDARD CHARACTERS CLAIMED Mark Drawing Code (4) STANDARD CHARACTER MARK Serial Number 85619560 Filing Date May 8, 2012 Filing Basis 1A Original Filing Basis 1A Publication for Opposition Date October 9, 2012 Registration Number 4264225 Registration Date December 25, 2012 Owner Name and Address (REGISTRANT) Nguyen, Ninh CORPORATION NEW YORK 310 E. 105 St. #5 New York NEW YORK 10029

Type of Mark TRADEMARK Register PRINCIPAL Live Dead Indicator LIVE

Mark OOH - WEE Goods and Services IC 025. US 022 039. G & S: Apparel for dancers, namely, tee shirts, sweatshirts, pants, leggings, shorts and jackets; Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Baseball caps and hats; Bed jackets; Bermuda shorts; Bib shorts; Board shorts; Bomber jackets; Boxer shorts; Boxing shorts; Camouflage jackets; Chef's hats; Clothing for athletic use, namely, padded shorts; Clothing for babies, toddlers and children, treated with fire and heat retardants, namely, pajamas, jackets, shirts, pants, jumpers; Cycling shorts; Denim jackets; Down jackets; Fishermen's jackets; Fleece shorts; Fur coats and jackets; Fur hats; Fur jackets; Golf shorts; Gym shorts; Hat bands; Hats; Hats for infants, babies, toddlers and children; Headgear, namely, Sweat bands, hats, baseball caps; Heavy jackets; Hunting jackets; Jacket liners; Jackets; Jackets and socks; Knit jackets; Leather hats; Leather jackets; Light-reflecting jackets; Long jackets; Maternity clothing, namely, tops, shirts, blouses, t-shirts, sweat shirts, wraps, bottoms, pants, slacks, shorts, skorts, skirts, dresses, jackets, smocks; Men's and women's jackets, coats, trousers, vests; Motorcycle jackets; Outer jackets; Padded jackets; Padding jackets; Panties, shorts and briefs; Paper hats for use as clothing items; Party hats; Perspiration absorbent strap to be used in the bill of a hat; Rain hats; Rain jackets; Rainproof jackets; Reversible jackets; Rugby shorts; Scarfs; Scientific and technological apparel, namely, shirts, pants, jackets, footwear, hats and caps, uniforms; Sedge hats (suge-gasa); Shell jackets; Shirts and short-sleeved shirts; Short overcoat for kimono (haori); Short petticoats; Short sets; Short trousers; Short-sleeved or long-sleeved t-shirts; Short-sleeved shirts; Shorts; Ski jackets; Sleeved or sleeveless jackets. Sliding shorts; Small hats; Smoking jackets; Snowboard jackets; Sports caps and hats; Sports jackets; Sports shirts with short sleeves; Stuff jackets; Suede jackets; Sweat jackets; Sweat shorts; Toboggan hats, pants and caps; Track jackets; Travel clothing contained in a package comprising reversible jackets, pants, skirts, tops and a belt or scarf; Triathlon clothing, namely, triathlon tights, triathlon shorts, triathlon singlets, triathlon shirts, triathlon suits; Undergarment accessories, namely, removable silicone buttock enhancer pads; Undergarments; Undergarments, namely, waspies; Underwear, namely, boy shorts; Walking shorts; Waterproof jackets and pants; Wind resistant jackets; Wind-jackets; Women's hats and hoods; Woolly hats. FIRST USE: 20050115. FIRST USE IN COMMERCE: 20050115 Standard Characters Claimed STANDARD CHARACTERS CLAIMED Mark Drawing Code (4) STANDARD CHARACTER MARK Serial Number 85523732 Filing Date January 24, 2012 Filing Basis 1A Original Filing Basis

1A Publication for Opposition Date August 28, 2012 Registration Number 4240891 Registration Date November 13, 2012 Owner Name and Address (REGISTRANT) Neal, Jarrett D. DBA J-Neal Enterprises, LLC INDIVIDUAL UNITED STATES 10400 West Cheyenne Ave Suite 170-35 Las Vegas NEVADA 89129 Type of Mark TRADEMARK Register PRINCIPAL Live Dead Indicator LIVE

Mark TRUFIGURE Pseudo Mark TRUE FIGURE Goods and Services IC 025. US 022 039. G & S: Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Bathing suits for men; Belts; Blouses; Body suits; Cat suits; Coats; Custom made to measure suits for men and women; Dress suits; Footwear; Girdles; Gym suits; Hats; Hats for infants, babies, toddlers and children; Jackets; Men's suits, women's suits; Pants; Scarfs; Shapewear, namely, girdles, bras; Shirts; Short sets; Shorts; Skirt suits; Skirts; Skirts and dresses; Socks; Suits; Suspender belts; Sweat shirts; Swim suits; T-shirts; Warm up suits; Wet suits for water-skiing and sub-aqua. FIRST USE: 20111101. FIRST USE IN COMMERCE: 20111101 Standard Characters Claimed STANDARD CHARACTERS CLAIMED Mark Drawing Code (4) STANDARD CHARACTER MARK Serial Number 85623984 Filing Date May 14, 2012 Filing Basis 1A Original Filing Basis 1A Publication for Opposition Date October 23, 2012 Registration Number 4271515 Registration Date January 8, 2013 Owner Name and Address (REGISTRANT) Trufigure Inc. CORPORATION NEW YORK 1193 Broadway Hewlett NEW YORK 11557 Type of Mark TRADEMARK Register PRINCIPAL Live Dead Indicator LIVE Attorney of Record K. Clyde Vanel, Esq.

Mark PERSEVERE BELIEVE WIN Goods and Services IC 025. US 022 039. G & S: A-shirts; Apparel for dancers, namely, tee shirts, sweatshirts, pants, leggings, shorts and jackets; Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Body shirts; Button down shirts; Button-front aloha shirts; Camouflage shirts; Camp shirts; Clothing for athletic use, namely, padded shirts; Clothing for babies, toddlers and children, treated with fire and heat retardants, namely, pajamas, jackets, shirts, pants, jumpers; Clothing shields, namely, pads applied to the underarms of shirts, blouses and sweaters; Collared shirts; Dress shirts; Fishing shirts; Golf pants, shirts and skirts; Golf shirts; Hooded sweat shirts; Knit shirts; Leather shirts; Long-sleeved shirts; Moisture-wicking sports shirts; Night shirts; Open-necked shirts; Over shirts; Polo shirts; Rugby shirts; Scientific and technological apparel, namely, shirts, pants, jackets, footwear, hats and caps, uniforms; Shirt fronts; Shirt inserts, namely, dickies; Shirt yokes; Shirts; Shirts and short-sleeved shirts; Shirts and slips; Shirts for infants, babies, toddlers and children; Shirts for suits; Short-sleeved or long-sleeved t-shirts; Sleep shirts; Sleeves worn separate and apart from blouses, shirts and other tops; Snap crotch shirts for infants and toddlers; Sports shirts; Sports shirts with short sleeves; Sweat shirts; T-shirts; Tee shirts; Triathlon clothing, namely, triathlon tights, triathlon shorts, triathlon singlets, triathlon shirts, triathlon suits; Turtle neck shirts; Wearable garments and clothing, namely, shirts; Wind shirts; Women's clothing, namely, shirts, dresses, skirts, blouses; Yoga shirts. FIRST USE: 20090102. FIRST USE IN COMMERCE: 20090102 Standard Characters Claimed STANDARD CHARACTERS CLAIMED Mark Drawing Code (4) STANDARD CHARACTER MARK Serial Number 85498271 Filing Date December 18, 2011 Filing Basis 1A Original Filing Basis 1A Publication for Opposition Date October 30, 2012 Registration Number 4274377 Registration Date January 15, 2013 Owner Name and Address (REGISTRANT) Primo Activewear, LLC LIMITED LIABILITY COMPANY GEORGIA 355 Welwyn Walk Alpharetta GEORGIA 30022 Type of Mark TRADEMARK

Register PRINCIPAL Live Dead Indicator LIVE

Mark EXCELLENT & IMPORTANT Pseudo Mark EXCELLENT AND IMPORTANT Goods and Services IC 025. US 022 039. G & S: A-shirts; Ankle socks; Anklets; Apparel for dancers, namely, tee shirts, sweatshirts, pants, leggings, shorts and jackets; Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Belts; Body shirts; Button down shirts; Clothing for athletic use, namely, padded elbow compression sleeves being part of an athletic garment; Clothing for athletic use, namely, padded pants; Clothing for athletic use, namely, padded shirts; Clothing for athletic use, namely, padded shorts; Dress pants; Dress shirts; Golf pants, shirts and skirts; Golf shirts; Gym pants; Jackets; Jackets and socks; Jerseys; Knit shirts; Long-sleeved shirts; Men's socks; Night shirts; Polo knit tops; Polo shirts; Rugby shirts; Shifts; Shirts and short-sleeved shirts; Shirts for infants, babies, toddlers and children; Short sets; Short-sleeved or long-sleeved t-shirts; Short-sleeved shirts; Sport shirts; Sports shirts; Sports shirts with short sleeves; Sweat shirts; T-shirts; Tee shirts; Ties; Tops; Waterproof jackets and pants; Wearable garments and clothing, namely, shirts; Woollen socks. FIRST USE: 19910000. FIRST USE IN COMMERCE: 20100726 Standard Characters Claimed STANDARD CHARACTERS CLAIMED Mark Drawing Code (4) STANDARD CHARACTER MARK Serial Number 85151614 Filing Date October 13, 2010 Filing Basis 1A Original Filing Basis 1B Publication for Opposition Date March 22, 2011 Registration Number 4280217 Registration Date January 22, 2013 Owner Name and Address (REGISTRANT) Doctors EXIM Group CORPORATION NEW YORK 144-20 41st Avenue Professional Suite 300 / Unit 527 Flushing NEW YORK 11355 Type of Mark TRADEMARK Register PRINCIPAL Live Dead Indicator LIVE

Mark PHONKAY74 Pseudo Mark PHONE KAY 74 Translation The wording "PHONKAY" has no meaning in a foreign language. Goods and Services IC 025. US 022 039. G & S: Apparel for dancers, namely, tee shirts, sweatshirts, pants, leggings, shorts and jackets; Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Balloon pants; Body shirts; Button down shirts; Capri pants; Cargo pants; Clothing for babies, toddlers and children, treated with fire and heat retardants, namely, pajamas, jackets, shirts, pants, jumpers; Collared shirts; Crop pants; Denim jackets; Denims; Down jackets; Dress pants; Dress shirts; Gym pants; Hooded sweat shirts; Jackets; Jeggings, namely, pants that are partially jeans and partially leggings; Jogging pants; Leather pants; Long-sleeved shirts; Lounge pants; Maternity clothing, namely, pants and tops; Men's and women's jackets, coats, trousers, vests; Night shirts; Outer jackets; Polo shirts; Rain jackets; Shirts; Shirts and short-sleeved shirts; Shirts for suits; Short-sleeved or long-sleeved t-shirts; Short-sleeved shirts; Sleep pants; Sleep shirts; Snap crotch shirts for infants and toddlers; Stretch pants; Sweat jackets; Sweat pants; Sweat shirts; T-shirts; T-shirts for women, men and children; Tee shirts; Turtle neck shirts; Women's clothing, namely, shirts, dresses, skirts, blouses; Yoga pants. FIRST USE: 20111101. FIRST USE IN COMMERCE: 20121001 Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS Design Code 02.11.13 - Hearts used as backgrounds or carriers Serial Number 85435933 Filing Date September 29, 2011 Filing Basis 1A Original Filing Basis 1B Publication for Opposition Date March 13, 2012 Registration Number 4280495 Registration Date January 22, 2013 Owner Name and Address (REGISTRANT) Brown, Shydia L DBA PhonKay74 LIMITED LIABILITY COMPANY MARYLAND 6452 Woodgreen Cir Baltimore MARYLAND 21207 Description of Mark The color(s) pink and brown is/are claimed as a feature of the mark. The mark

consists of a pink square with a stylized heart in brown and the wording "PHONKAY 74" in a brown stylized script font within the heart. The letters "H" "K" and "Y" from the wording help to form the heart. Type of Mark TRADEMARK Register PRINCIPAL Live Dead Indicator LIVE

Mark NM Goods and Services IC 025. US 022 039. G & S: Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Beanies; Boxer shorts; Denim jackets; Denims; Dress shirts; Gym shorts; Hats; Jackets; Jeans; Long-sleeved shirts; Open-necked shirts; Pants; Polo shirts; Rainproof jackets; Short-sleeved or long-sleeved t-shirts; Shorts; Sports jackets; Sports shirts; Sports shirts with short sleeves; Sweaters; Sweatpants; T-shirts. FIRST USE: 20111001. FIRST USE IN COMMERCE: 20111109 Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS Design Code 26.01.04 - Circles with two breaks or divided in the middle 26.17.04 - Bands, vertical; Bars, vertical; Lines, vertical; Vertical line(s), band(s) or bar(s) 27.03.01 - Geometric figures forming letters, numerals or punctuation Serial Number 85637721 Filing Date May 29, 2012 Filing Basis 1A Original Filing Basis 1A Publication for Opposition Date November 6, 2012 Registration Number 4279075 Registration Date January 22, 2013 Owner Name and Address (REGISTRANT) Ramos, Jose INDIVIDUAL UNITED STATES 2119 W 7Th St. Odessa TEXAS 79763 Description of Mark Color is not claimed as a feature of the mark. The mark consists of a circle with a bar on each side. The right bar is only on the bottom half of the circle. There is a blank space splitting the circle and bars down the middle horizontally, leaving what looks like a lowercase "n" on top and an "m" on bottom. Type of Mark TRADEMARK Register PRINCIPAL Live Dead Indicator LIVE

Mark JORDON JO Goods and Services IC 025. US 022 039. G & S: Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Athletic footwear; Baseball caps; Bucket caps; Caps; Cargo pants; Climbing footwear; Down jackets; Ear muffs; Footwear; Gloves; Hats; Jackets; Leggings; Long jackets; Men's and women's jackets, coats, trousers, vests; Outer jackets; Pants; Polo shirts; Rain jackets; Raincoats; Rainproof jackets; Reversible jackets; Scarfs; Shell jackets; Shirts; Ski gloves; Ski jackets; Ski pants; Snow pants; Snowboard gloves; Snowboard jackets; Snowboard pants; Socks; Socks and stockings; Sports caps and hats; Sports jackets; Sports pants; Sports shirts; Sports vests; Sun visors; Sweat pants; Sweat shirts; T-shirts; Tights; Travel clothing contained in a package comprising reversible jackets, pants, skirts, tops and a belt or scarf; Turbans; Vests. FIRST USE: 20090616. FIRST USE IN COMMERCE: 20100828 Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS Design Code 26.01.01 - Circles as carriers or as single line borders Serial Number 85652634 Filing Date June 15, 2012 Filing Basis 1A Original Filing Basis 1A Publication for Opposition Date November 6, 2012 Registration Number 4279839 Registration Date January 22, 2013 Owner Name and Address (REGISTRANT) The Jordon Corporation CORPORATION TAIWAN No. 142, Wugong Rd., Wugu Dist. New Taipei City TAIWAN Description of Mark Color is not claimed as a feature of the mark. The mark consists of the stylized wording "JORDON", in which the letters are in an upright position and surrounded with a circle, a capital letter "J", and a left part of the lower-case letter "o". Type of Mark TRADEMARK Register PRINCIPAL Live Dead Indicator LIVE

Mark THE INDIAN FACE THE INDIAN FACE Goods and Services IC 025. US 022 039. G & S: A-shirts; Apparel for dancers, namely, tee shirts, sweatshirts, pants, leggings, shorts and jackets; Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Baseball caps; Baseball caps and hats; Bathing suits; Bathing suits for men; Belts; Belts for clothing; Belts made from imitation leather; Belts made of leather; Belts made out of cloth; Belts of textile; Belts that are designed to accommodate pregnancy size changes; Bikinis; Body shirts; Body suits; Button down shirts; Button-front aloha shirts; Camouflage shirts; Camp shirts; Clothing for athletic use, namely, padded shirts; Clothing for babies, toddlers and children, treated with fire and heat retardants, namely, pajamas, jackets, shirts, pants, jumpers; Clothing shields, namely, pads applied to the underarms of shirts, blouses and sweaters; Collared shirts; Down suits; Dress shirts; Dress suits; Dry suits; Fabric belts; Fishing shirts; Flight suits; Garter belts; Golf caps; Golf pants, shirts and skirts; Golf shirts; Hooded sweat shirts; Hunting shirts; Knit shirts; Leather belts; Leather shirts; Long-sleeved shirts; Moisture-wicking sports shirts; Money belts; Night shirts; Open-necked shirts; Over shirts; Pique shirts; Polo shirts; Rugby shirts; Scientific and technological apparel, namely, shirts, pants, jackets, footwear, hats and caps, uniforms; Shirt fronts; Shirt yokes; Shirts; Shirts and short-sleeved shirts; Shirts and slips; Shirts for infants, babies, toddlers and children; Shirts for suits; Short-sleeved or long-sleeved t-shirts; Short-sleeved shirts; Ski suits; Ski suits for competition; Sleep shirts; Sleeves worn separate and apart from blouses, shirts and other tops; Snap crotch shirts for infants and toddlers; Snow boarding suits. Snow suits; Sport shirts; Sports shirts; Sports shirts with short sleeves; Suspender belts; Suspender belts for men; Suspender belts for women; Sweat shirts; Sweat suits; Swim suits; Swimsuits; T-shirts; Tee shirts; Track suits; Training suits; Travel clothing contained in a package comprising reversible jackets, pants, skirts, tops and a belt or scarf; Triathlon clothing, namely, triathlon tights, triathlon shorts, triathlon singlets, triathlon shirts, triathlon suits; Turtle neck shirts; Wearable garments and clothing, namely, shirts; Wet suit gloves; Wet suits; Wet suits for water-skiing and sub-aqua; Wind shirts; Women's clothing, namely, shirts, dresses, skirts, blouses; Yoga shirts; Zoot suits. FIRST USE: 20070711. FIRST USE IN COMMERCE: 20110727 Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS Design Code 02.01.01 - Busts of men facing forward; Heads of men facing forward; Men - heads, portraiture, or busts facing forward; Portraiture of men facing forward 02.01.09 - Indians, American (men); Men, American Indians; Native Americans (men) 03.17.02 - Feathers 24.13.02 - Cross, Greek (equal sides); Greek cross (equal sized lines) 26.01.02 - Circles, plain single line; Plain single line circles 26.01.17 - Circles, two concentric; Concentric circles, two; Two concentric circles 26.01.21 - Circles that are totally or partially shaded. Serial Number

85381414 Filing Date July 26, 2011 Filing Basis 1A Original Filing Basis 1B Publication for Opposition Date May 15, 2012 Registration Number 4283625 Registration Date January 29, 2013 Owner Name and Address (REGISTRANT) MARQUES SANCHEZ TABERNERO, EDUARDO INDIVIDUAL SPAIN VELAZQUEZ, 92 MADRID SPAIN 28006 Description of Mark Color is not claimed as a feature of the mark. The mark consists of a circular form inside of which is the graphical representation of the face of a Native American Indian wearing a head garment made of feathers. Surrounding this image are the words "THE INDIAN FACE" written twice in the upper and lower half of the circle and separated by two Greek crosses. Type of Mark TRADEMARK Register PRINCIPAL Live Dead Indicator LIVE

Mark JAI WARE MAKE SURE YOU INVEST IN YOUR TOMORROW Translation The wording "Jai" has no meaning in a foreign language. Goods and Services IC 025. US 022 039. G & S: Apparel for dancers, namely, tee shirts, sweatshirts, pants, leggings, shorts and jackets; Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Balloon pants; Camouflage pants; Capri pants; Cargo pants; Clothing for athletic use, namely, padded pants; Clothing for babies, toddlers and children, treated with fire and heat retardants, namely, pajamas, jackets, shirts, pants, jumpers; Crop pants; Denim jackets; Denims; Dress pants; Flood pants; Golf pants, shirts and skirts; Gym pants; Heavy jackets; Jackets; Jackets and socks; Knit jackets; Knit skirts; Leather jackets; Leather skirts; Long jackets; Men's and women's jackets, coats, trousers, vests; Motorcycle jackets; Pleated skirts for formal kimonos (hakama); Rain jackets; Rainproof jackets; Skirt suits; Skirts; Skirts and dresses; Sleeved or sleeveless jackets; Snowboard jackets; Suede jackets; Sweat jackets; Track jackets; Waterproof jackets and pants; Wind resistant jackets; Wind-jackets; Women's clothing, namely, shirts, dresses, skirts, blouses; Woven skirts. FIRST USE: 20110101. FIRST USE IN COMMERCE: 20110101 Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS Design Code 03.23.01 - Butterflies; Moths 26.17.01 - Bands, straight; Bars, straight; Lines, straight; Straight line(s), band(s) or bar(s) 26.17.02 - Bands, wavy; Bars, wavy; Lines, wavy; Wavy line(s), band(s) or bar(s) 26.17.04 - Bands, vertical; Bars, vertical; Lines, vertical; Vertical line(s), band(s) or bar(s) 26.17.25 - Other lines, bands or bars Serial Number 85403725 Filing Date August 22, 2011 Filing Basis 1A Original Filing Basis 1B Publication for Opposition Date April 3, 2012 Registration Number 4283649 Registration Date January 29, 2013 Owner Name and Address (REGISTRANT) Ware Jhirrica DBA Jai Ware INDIVIDUAL UNITED STATES 314 W. H. St Belleville ILLINOIS 62226

Disclaimer Statement NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "WARE" APART FROM THE MARK AS SHOWN Description of Mark Color is not claimed as a feature of the mark. The mark consists of the wording "Jai Ware, Make Sure You Invest In Your Tomorrow" and wavy lines that crisscross with a stylized butterfly at the top right of the crisscrossing lines. Type of Mark TRADEMARK Register PRINCIPAL Live Dead Indicator LIVE

Mark LIBOLON Translation The English translation of "LIBOLON" in the mark is "FORCE PRECIOUS DRAGON". Goods and Services IC 025. US 022 039. G & S: overalls; leisure suits; women's clothing and men's clothing, namely, shirts, pants, coats, skirts, vests, dresses, coats, jackets, suits, ties, scarves, and headwear; footwear uppers; gloves for clothing; apparel for dancers, namely, tee shirts, sweatshirts, pants, leggings, shorts and jackets; athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; a-shirts; bib overalls for hunting; blousons; athletic tights; leotards and tights for women, men and children of nylon, cotton or other textile fibers; perspiration absorbent underwear clothing; scarves; triathlon clothing, namely, triathlon tights, triathlon shorts, triathlon singlets, triathlon shirts, triathlon suits; travel clothing contained in a package comprising reversible jackets, pants, skirts, tops and a belt or scarf; clothing for athletic use, namely, padded elbow compression sleeves being part of an athletic garment; suits. FIRST USE: 19990519. FIRST USE IN COMMERCE: 19990519 Mark Drawing Code (5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM Serial Number 85505677 Filing Date December 29, 2011 Filing Basis 1A Original Filing Basis 1A Publication for Opposition Date November 13, 2012 Registration Number 4281677 Registration Date January 29, 2013 Owner Name and Address (REGISTRANT) LI PENG ENTERPRISE CO., LTD. CORPORATION TAIWAN 6F., No. 162, Sung Chiang Rd. Taipei TAIWAN 104 Prior Registration(s) 3039230;3039231 Description of Mark Color is not claimed as a feature of the mark. The mark consists of the word "LIBOLON" in a stylized font. Type of Mark TRADEMARK Register PRINCIPAL

Live Dead Indicator LIVE Attorney of Record Thomas J. Moore

Mark SPIT THE TRUTH EST. 2008 Pseudo Mark SPIT THE TRUTH ESTABLISHED 2008 Goods and Services IC 025. US 022 039. G & S: Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; headgear, namely, hats, caps, bandanas; men's, women's, and children apparel of all types, namely, shirts, t-shirts, polo shirts, tank tops, sport shirts, thermal shirts, dress shirts, undershirts, sweat shirts, hooded sweatshirts, sweaters, pants, trousers, slacks, jeans, shorts, underwear, boxers, boxer briefs, briefs, boy shorts, g-stings, thongs, headwear, namely, hat, beanies, fitted hats, flexible hats, skull caps, bandanas, footwear, shoes, sneakers, boots, beachwear, board shorts, one-piece swimwear, two-piece swimwear, rash guards, headbands and wristbands. FIRST USE: 20080817. FIRST USE IN COMMERCE: 20080820 Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS Design Code 02.11.07 - Arms; Fingers; Hands; Human hands, fingers, arms 16.01.07 - Head phones; Headphones; Headsets; Microphones 26.01.17 - Circles, two concentric; Concentric circles, two; Two concentric circles Serial Number 85540325 Filing Date February 11, 2012 Filing Basis 1A Original Filing Basis 1A Publication for Opposition Date November 13, 2012 Registration Number 4281753 Registration Date January 29, 2013 Owner Name and Address (REGISTRANT) Timothy Herbert INDIVIDUAL UNITED STATES 1435 12th street West Babylon NEW YORK 11704 Disclaimer Statement NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "EST. 2008" APART FROM THE MARK AS SHOWN Description of Mark Color is not claimed as a feature of the mark. The mark consists of two concentric circles. Between the larger and smaller circles is the wording "SPIT THE TRUTH EST. 2008". Inside the smaller circle is the design of a hand holding a microphone. Type of Mark TRADEMARK

Register PRINCIPAL Live Dead Indicator LIVE

Mark BIG SKINNY Goods and Services IC 025. US 022 039. G & S: Apparel for dancers, namely, tee shirts, sweatshirts, pants, leggings, shorts and jackets; Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Baseball caps and hats; Button down shirts; Cap visors; Collared shirts; Dress pants; Dress shirts; Halter tops; Hats; Hats for infants, babies, toddlers and children; Headgear, namely, baseball hats and caps, visors, winter hats; Jackets; Knit shirts; Long-sleeved shirts; Men's and women's jackets, coats, trousers, vests; Muscle tops; Outer jackets; Polo shirts; Rain jackets; Rainproof jackets; Shirts; Shirts and short-sleeved shirts; Short-sleeved shirts; Small hats; Sport shirts; Sports caps and hats; Sports shirts; Sports shirts with short sleeves; Sun visors; Sweat shirts; T-shirts; T-shirts for adults, men, women, children; Tank tops; Tank-tops; Tee shirts; Toboggan hats, pants and caps; Visors; Wearable garments and clothing, namely, shirts; Wind resistant jackets; Wind-jackets; Women's clothing, namely, shirts, dresses, skirts, blouses; Women's hats and hoods. FIRST USE: 20060902. FIRST USE IN COMMERCE: 20060902 Standard Characters Claimed STANDARD CHARACTERS CLAIMED Mark Drawing Code (4) STANDARD CHARACTER MARK Serial Number 85650211 Filing Date June 13, 2012 Filing Basis 1A Original Filing Basis 1A Publication for Opposition Date November 13, 2012 Registration Number 4282518 Registration Date January 29, 2013 Owner Name and Address (REGISTRANT) Big Skinny Corporation DBA Big Skinny CORPORATION MASSACHUSETTS 1151 Massachusetts Ave 1151 Massachusetts Ave cambridge MASSACHUSETTS 02138 Prior Registration(s) 2933153 Type of Mark TRADEMARK Register PRINCIPAL

Live Dead Indicator LIVE

Mark CHEERLEADER FOR THE CAUSE Goods and Services IC 025. US 022 039. G & S: Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Body suits; Brassieres; Briefs; Gym suits; Jogging suits; Shoes; Shorts; Skirts; Skorts; Sweat shirts; Sweat suits; Sweaters; Tee shirts; Tops; Underwear; Warm-up suits. FIRST USE: 20080901. FIRST USE IN COMMERCE: 20080901 Standard Characters Claimed STANDARD CHARACTERS CLAIMED Mark Drawing Code (4) STANDARD CHARACTER MARK Serial Number 85684132 Filing Date July 23, 2012 Filing Basis 1A Original Filing Basis 1A Publication for Opposition Date November 13, 2012 Registration Number 4283104 Registration Date January 29, 2013 Owner Name and Address (REGISTRANT) ZOE MARKETING, INC. CORPORATION NEVADA 12375 WORLD TRADE DRIVE SAN DIEGO CALIFORNIA 92128 Type of Mark TRADEMARK Register PRINCIPAL Live Dead Indicator LIVE Attorney of Record PAUL J. MIROWSKI