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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA955778 Filing date: 02/21/2019 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Petition for Cancellation Notice is hereby given that the following party has filed a petition to cancel the registration indicated below. Petitioner Information Name United States Postal Service Entity Ind Est of Ex Br of US Govt Citizenship United States of America Address 475 L'Enfant Plaza SW Washington, DC 20260 UNITED STATES Attorney informa- tion Jennifer Van Kirk and David Jackson Lewis Roca Rothgerber Christie LLP 201 East Washington Street, Suite 1200 Phoenix, AZ 85004 UNITED STATES [email protected] (602) 262-5311 Registration Subject to Cancellation Registration No. 4487275 Registration date 02/25/2014 Registrant Hazmatpac, Inc. 7905 Blankenship Drive Houston, TX 77055 UNITED STATES Goods/Services Subject to Cancellation Class 016. First Use: 2012/11/20 First Use In Commerce: 2012/11/20 All goods and services in the class are subject to cancellation, namely: Hazardous material pack- aging, namely, fiberboard containers Grounds for Cancellation Priority and likelihood of confusion Trademark Act Sections 14(1) and 2(d) Dilution by blurring Trademark Act Sections 14(1) and 43(c) Dilution by tarnishment Trademark Act Sections 14(1) and 43(c) False suggestion of a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrep- ute Trademark Act Sections 14(3) and 2(a) Marks Cited by Petitioner as Basis for Cancellation

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

    ESTTA Tracking number: ESTTA955778

    Filing date: 02/21/2019

    IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

    BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

    Petition for Cancellation

    Notice is hereby given that the following party has filed a petition to cancel the registration indicated below.

    Petitioner Information

    Name United States Postal Service

    Entity Ind Est of Ex Br of US Govt Citizenship United States of America

    Address 475 L'Enfant Plaza SWWashington, DC 20260UNITED STATES

    Attorney informa-tion

    Jennifer Van Kirk and David JacksonLewis Roca Rothgerber Christie LLP201 East Washington Street, Suite 1200Phoenix, AZ 85004UNITED [email protected](602) 262-5311

    Registration Subject to Cancellation

    Registration No. 4487275 Registration date 02/25/2014

    Registrant Hazmatpac, Inc.7905 Blankenship DriveHouston, TX 77055UNITED STATES

    Goods/Services Subject to Cancellation

    Class 016. First Use: 2012/11/20 First Use In Commerce: 2012/11/20All goods and services in the class are subject to cancellation, namely: Hazardous material pack-aging, namely, fiberboard containers

    Grounds for Cancellation

    Priority and likelihood of confusion Trademark Act Sections 14(1) and 2(d)

    Dilution by blurring Trademark Act Sections 14(1) and 43(c)

    Dilution by tarnishment Trademark Act Sections 14(1) and 43(c)

    False suggestion of a connection with persons,living or dead, institutions, beliefs, or nationalsymbols, or bring them into contempt, or disrep-ute

    Trademark Act Sections 14(3) and 2(a)

    Marks Cited by Petitioner as Basis for Cancellation

    http://estta.uspto.gov

  • U.S. RegistrationNo.

    2494399 Application Date 10/25/2000

    Registration Date 10/02/2001 Foreign PriorityDate

    NONE

    Word Mark NONE

    Design Mark

    Description ofMark

    The mark consists of a stylized eagle.

    Goods/Services Class 016. First use: First Use: 1970/08/12 First Use In Commerce: 1971/07/01

    Magazines, catalogs, brochures, newsletters, and pamphlets concerning maildelivery services; plastic and paper envelopes and pouches, cardboard and cor-rugatedboxes and cardboard mailing tubes for shipping and packaging; philatelicmaterials, namely, postage stamps

    Class 035. First use: First Use: 1970/08/12 First Use In Commerce: 1971/07/01

    Mailing services, namely sorting, handling and receiving packages and letters;direct mail advertising for others

    Class 039. First use: First Use: 1970/08/12 First Use In Commerce: 1971/07/01

    Delivery services, namely pickup, transportation, and delivery of packages, en-velopes and documents by various modes oftransportation; packaging articlesfor transportation, and rental of mail boxes

    U.S. RegistrationNo.

    3761332 Application Date 11/10/2009

    Registration Date 03/16/2010 Foreign PriorityDate

    NONE

    Word Mark U.S. MAIL UNITED STATES POSTAL SERVICE

  • Design Mark

    Description ofMark

    The mark consists of a stylized eagle with outstretched wings over the stylized-wording "U.S. MAIL" with a line above and below the wording. The eagle designand wording is surrounded by the stylized wording "UNITED STATES POSTALSERVICE"and nine, five- pointed stars.

    Goods/Services Class 036. First use: First Use: 1970/08/12 First Use In Commerce: 1970/08/12

    Money Order Services

    U.S. RegistrationNo.

    3799543 Application Date 12/16/2009

    Registration Date 06/08/2010 Foreign PriorityDate

    NONE

    Word Mark UNITED STATES POSTAL SERVICE U.S. MAIL

    Design Mark

  • Description ofMark

    The mark consists of a stylized eagle with outstretched wings over the stylized-wording "U.S. MAIL" with a line above and below the wording. The eagle designand wording is surrounded by the stylizedwording "UNITED STATES POSTALSERVICE" and nine, five-pointed stars.

    Goods/Services Class 016. First use: First Use: 1970/08/12 First Use In Commerce: 1970/08/12

    Printed Matter, namely, printed Money Orders

    U.S. RegistrationNo.

    3955885 Application Date 07/03/2006

    Registration Date 05/03/2011 Foreign PriorityDate

    NONE

    Word Mark UNITED STATES POSTAL SERVICE EST. 1775 OFFICIAL LICENSEDPRODUCT

    Design Mark

    Description ofMark

    The mark consists of wording "UNITED STATES POSTAL SERVICE EST. 1775OFFICIAL LICENSED PRODUCT" and the design of a stylized standing eaglewith outstretched wings on a stamp-like background.

    Goods/Services Class 016. First use: First Use: 2007/12/00 First Use In Commerce: 2007/12/00

    Books in the fields of philatelics, andworld and American history; books contain-ing commemorative stamps and narrativetext regarding such stamps; postcards

    U.S. RegistrationNo.

    4031772 Application Date 04/29/2011

    Registration Date 09/27/2011 Foreign PriorityDate

    NONE

    Word Mark UNITED STATES POSTAL SERVICE U.S.MAIL

  • Design Mark

    Description ofMark

    The mark consists of a stylized eagle with outstretched wings over the stylized-wording "U.S. MAIL" with a line above and below the wording. The eagle designand wording is surrounded by the stylizedwording "UNITED STATES POSTALSERVICE" and nine, five-pointed stars.

    Goods/Services Class 016. First use: First Use: 2009/07/00 First Use In Commerce: 2009/07/00

    ENVELOPES AND BOXES OF PAPER AND CARDBOARD FOR SHIPPINGAND PACKAGING; CARDBOARD MAILING TUBES

    Class 035. First use: First Use: 1971/07/01 First Use In Commerce: 1971/07/01

    SORTING, HANDLING, AND RECEIVING PACKAGES AND LETTERS

    Class 039. First use: First Use: 1971/07/01 First Use In Commerce: 1971/07/01

    PICKUP, TRANSPORTATION AND DELIVERY OF PACKAGES AND DOCU-MENTS BY VARIOUS MODES OF TRANSPORTATION

    U.S. RegistrationNo.

    2132892 Application Date 06/27/1997

    Registration Date 01/27/1998 Foreign PriorityDate

    NONE

    Word Mark UNITED STATES POSTAL SERVICE

    Design Mark

    Description ofMark

    The mark consists, in part, of the stylized head of an eagle.

    Goods/Services Class 016. First use: First Use: 1993/10/00 First Use In Commerce: 1993/10/00

    magazines, catalogs, brochures, and pamphlets concerning mail delivery ser-vicesand/or philatelic products; greeting cards; note cards; stationery writing pa-per and envelopes; postage stamps; philatelic products, namely, mounts for

  • stamps

    Class 035. First use: First Use: 1993/10/00 First Use In Commerce: 1993/10/00

    mail services, namely, sorting, handling, and receiving mail; retail store and out-let services featuring stamps, stationery, and other mailing materials and featur-ing philatelic products and gifts; mail order services featuring stamps, stationery,and other mailing materials andfeaturing philatelic products and gifts

    Class 039. First use: First Use: 1993/10/00 First Use In Commerce: 1993/10/00

    pickup, transportation, and delivery ofcorrespondence, of publications, of directmail advertising, of packages, and of parcels by land and air; [postal services,namely, delivery of correspondence,of publications, of direct mail advertising,and of parcels by post,] packagingarticles for transportation, and rentalof mailboxes

    U.S. RegistrationNo.

    2295478 Application Date 03/03/1998

    Registration Date 11/30/1999 Foreign PriorityDate

    NONE

    Word Mark UNITED STATES POST OFFICE

    Design Mark

    Description ofMark

    The mark consists, in part, of the stylized head of an eagle.

    Goods/Services Class 035. First use: First Use: 1995/08/00 First Use In Commerce: 1995/08/00

    MAIL SERVICES, NAMELY, SORTING, HANDLING, AND RECEIVING PACK-AGES AND LETTERS; RETAIL STORE SERVICES FEATURING STAMPS,PHILATELIC PRODUCTS, STATIONERY AND OTHERMAILING MATERIALS,NOVELTY ITEMS, AND OTHER RELATED MERCHANDISE

    Class 039. First use: First Use: 1995/08/00 First Use In Commerce: 1995/08/00

    POSTAL SERVICES, NAMELY, PACKAGING ARTICLES FOR TRANSPORTA-TION, LETTER AND PARCEL DELIVERY AND RENTAL OF MAILBOXES

    U.S. RegistrationNo.

    2318292 Application Date 08/25/1998

    Registration Date 02/15/2000 Foreign Priority NONE

  • Date

    Word Mark PRIORITY MAIL UNITED STATES POSTAL SERVICE

    Design Mark

    Description ofMark

    The mark consists, in part, of the stylized head of a eagle.

    Goods/Services Class 016. First use: First Use: 1995/04/00 First Use In Commerce: 1995/04/00

    ENVELOPES AND BOXES FOR SHIPPING AND PACKAGING

    Class 035. First use: First Use: 1995/04/00 First Use In Commerce: 1995/04/00

    SORTING, HANDLING, AND RECEIVING PACKAGES AND LETTERS

    Class 039. First use: First Use: 1995/04/00 First Use In Commerce: 1995/04/00

    PICKUP, TRANSPORTATION, AND DELIVERY OFPACKAGES AND DOCU-MENTS BY VARIOUS MODESOF TRANSPORTATION

    U.S. RegistrationNo.

    2342543 Application Date 08/24/1998

    Registration Date 04/18/2000 Foreign PriorityDate

    NONE

    Word Mark GLOBAL PRIORITY MAIL UNITED STATES POSTAL SERVICE

    Design Mark

    Description ofMark

    The mark consists, in part, of the stylized head of an eagle.

    Goods/Services Class 016. First use: First Use: 1996/03/00 First Use In Commerce: 1996/03/00

    ENVELOPES AND PAPER AND CARDBOARD BOXESFOR SHIPPING ANDPACKAGING

    Class 035. First use: First Use: 1996/03/00 First Use In Commerce: 1996/03/00

    SORTING, HANDLING, AND RECEIVING PACKAGES AND LETTERS

    Class 039. First use: First Use: 1996/03/00 First Use In Commerce: 1996/03/00

    PICKUP, TRANSPORTATION, AND DELIVERY OFPACKAGES AND DOCU-MENTS BY VARIOUS MODESOF TRANSPORTATION

    U.S. RegistrationNo.

    2665390 Application Date 11/30/2000

    Registration Date 12/24/2002 Foreign Priority NONE

  • Date

    Word Mark GLOBAL EXPRESS GUARANTEED UNITED STATESPOSTAL SERVICE

    Design Mark

    Description ofMark

    The mark consists, in part, of the stylized head of an eagle.

    Goods/Services Class 016. First use: First Use: 2000/10/00 First Use In Commerce: 2000/10/00

    Printed Materials, namely stationery, plastic and paper envelopes and card-boardand corrugated boxes for shipping and packaging, and other mailing ma-terials, namely cardboard mailing tubes and plastic mailing pouches

    Class 035. First use: First Use: 2000/10/00 First Use In Commerce: 2000/10/00

    Mail services, namely sorting, handling, and receiving packages and letters

    Class 039. First use: First Use: 2000/10/00 First Use In Commerce: 2000/10/00

    Delivery services, namely, pickup, transportation, and delivery of packagesandletters by various modes of transportation; courier services; and packagingarticles for transportation

    U.S. RegistrationNo.

    2963883 Application Date 11/12/2004

    Registration Date 06/28/2005 Foreign PriorityDate

    NONE

    Word Mark UNITED STATES POSTAL SERVICE

    Design Mark

    Description ofMark

    The mark consists, in part, of the stylized head of an eagle.

    Goods/Services Class 016. First use: First Use: 1993/10/12 First Use In Commerce: 1993/10/12

    Magazines, catalogs, brochures, and pamphlets concerning mail delivery ser-vicesand/or philatelic products; greeting cards; post cards, note cards; station-ery;address, shipping, adhesive and paper labels; writing paper; plastic and pa-per envelopes and cardboard and corrugated boxes for shipping and packaging;cardboard mailing tubes; plastic mailing pouches; postage stamps; stamp artprints; framed art; posters; stamp collections comprised of postage stamps,stamp mounts, stamp albums, stamp sleeves and first dayissue stamps on post-cards and envelopessold together as a unit; stickers; commemorative stampsheets; desk accessories, namely, rubber stamps, paper embossers, desk blot-ters and letter openers; stationery holders made of tin; paper staplers and elec-tric staplers for offices; staple removers; tape dispensers; stamp dispensers,magnetic note pads with self-sticking sheets; desk pads; notebooks; pens; pen-cils; pencil and eraser sets; gift wrapping paper and fabric and paper gift bags;bulletin boards; organizers forstationery and personal organizers; decorativeboxes made of paper and cardboard; stationery-type portfolios; binders; folders;memo pads; coloring books; sticker albums

  • U.S. RegistrationNo.

    2963040 Application Date 11/12/2004

    Registration Date 06/21/2005 Foreign PriorityDate

    NONE

    Word Mark UNITED STATES POSTAL SERVICE

    Design Mark

    Description ofMark

    The mark consists, in part, of the stylized head of an eagle

    Goods/Services Class 035. First use: First Use: 1993/10/12 First Use In Commerce: 1993/10/12

    Mail services, namely, sorting, handling, and receiving mail, packages, envel-opes and advertisements and collecting, maintaining and providing informationconcerning the same; retail and online storeand outlet services featuringstamps, stationery, and other mailing materials and featuring philatelic productsand gifts; mail order services featuring stamps, stationery, and other mailing ma-terials and featuring philatelic products and gifts; providing databases containingmailing lists and addresses and information related thereto; arranging forpickup,delivery, storage and transportation ofdocuments, packages, freight andparcels via ground and air carriers; packagingarticles to the order and specifica-tionof others; advertising services, namelypromoting the goods and services ofothers; providing business marketing information, including information on usingdirect mail advertising

    U.S. RegistrationNo.

    2963879 Application Date 11/12/2004

    Registration Date 06/28/2005 Foreign PriorityDate

    NONE

    Word Mark UNITED STATES POSTAL SERVICE

    Design Mark

    Description ofMark

    The mark consists, in part, of the stylized head of an eagle.

    Goods/Services Class 038. First use: First Use: 1993/10/12 First Use In Commerce: 1993/10/12

    Electronic transmission of data and documents via computer terminals; deliveryof messages and data by electronic transmission; electronic mail services; elec-tronic store-and-forward messaging; electronic transmission of facsimile commu-nications and data featuring encryption anddecryption; providing telecommunic-ations connections to a global computer network; electronic transmission ofpostage; electronic transmission of mail, messages, documents and data usinga security program with tamper-detection capabilities; electronic mail services inthe fieldof financial transactions

  • U.S. RegistrationNo.

    2996878 Application Date 11/12/2004

    Registration Date 09/20/2005 Foreign PriorityDate

    NONE

    Word Mark UNITED STATES POSTAL SERVICE

    Design Mark

    Description ofMark

    The mark consists, in part, of the stylized head of an eagle.

    Goods/Services Class 025. First use: First Use: 1993/10/12 First Use In Commerce: 1993/10/12

    Clothing for men, women, and children, namely, [ blankets for use as clothingwraps, ] t-shirts, tank tops, long-sleeveshirts, shirts, blouses, sweaters, jackets,ponchos, coats, shorts, pants, [ jeans, ] sweatshirts, sweatpants, sweatsuits,fleece warmup suits, ties, vests, scarves, [ athletic body suits, and athletic racingtights, ] overalls, skirts, dresses, [ sleepwear, underwear, ] socks, shoes,scarves, hats, visors, headbands,footwear, and headwear [ ; infant attire,namely, one-piece baby undergarments,cloth bibs, shirts, T-shirts, rompers,headwear and footwear ]

    U.S. RegistrationNo.

    2996877 Application Date 11/12/2004

    Registration Date 09/20/2005 Foreign PriorityDate

    NONE

    Word Mark UNITED STATES POSTAL SERVICE

    Design Mark

    Description ofMark

    The mark consists, in part, of the stylized head of an eagle.

    Goods/Services Class 045. First use: First Use: 1995/08/01 First Use In Commerce: 1995/08/01

    Applying electronic date and time and digital signature to electronic document-sand transactions to verify [ time and date received and ] that documents andtransactions have not been altered after application of digital signature; provid-ing authentication of identity for electronic communications; [ issuance and man-agement of digital certificates for authentication of encryption of a digital commu-nication, or authentication of a digital signature in an electronic transaction orcommunication over a global signature in an electronic transaction or communic-ation over a global computer network or other computer network; ] [ applyingelectronic date and time stamp to electronic documents, communications and/ortransactions to verify time and date received; ] applying digital signature to elec-

  • tronic documents, communications and/ortransactions to verify that the docu-ments, communications or transactions have not been altered after applicationof digital signature providing proof of receipt of electronic documents, commu-nications or transactions; security printing, namely, encoding identification in-formation on valuable documents and products

    U.S. RegistrationNo.

    3000535 Application Date 11/12/2004

    Registration Date 09/27/2005 Foreign PriorityDate

    NONE

    Word Mark UNITED STATES POSTAL SERVICE

    Design Mark

    Description ofMark

    The mark consists, in part, of the stylized head of an eagle.

    Goods/Services Class 035. First use: First Use: 1993/10/12 First Use In Commerce: 1993/10/12

    Mail processing, namely, provision of mail, package and delivery scheduling,providing mail and package tracking services including verification of delivery,and providing temporary address change notification services

    Class 039. First use: First Use: 1993/10/12 First Use In Commerce: 1993/10/12

    Pickup, transportation and delivery of packages, letters, correspondence, remit-tances, publications, advertisements andparcels by various modes of transporta-tion; packaging articles for transportation; rental of mail boxes; Providing a data-base in the field of mail delivery [ ;and electronic storage of messages and data ]

    Class 042. First use: First Use: 1993/10/12 First Use In Commerce: 1993/10/12

    Providing temporary use of non-downloadable software for purposes of updatingand correcting mailing address information; and testing, analysis and evaluationof the mailing and delivery products andservices of others

    U.S. RegistrationNo.

    3019531 Application Date 03/22/2005

    Registration Date 11/29/2005 Foreign PriorityDate

    NONE

    Word Mark PRIORITY MAIL UNITED STATES POSTAL SERVICES FLAT RATE ENVEL-OPE FLATE RATE POSTAGE REGARDLESS OF WEIGHT DEOMESTIC USEONLY WWW.USPS.COM

  • Design Mark

    Description ofMark

    The mark consists of the design of a mail envelope containing the stylizedheadof and eagle in the middle, the wording"FLAT RATE ENVELOPE FLATRATE POSTAGE REGARDLESS OF WEIGHT DOMESTIC USE ONLY" on thetop, the wording "WWW.USPS.COM" onthe bottom left, and the wording "PRI-ORITY MAIL UNITED STATES POSTAL SERVICE" on the bottom right.

    Goods/Services Class 016. First use: First Use: 1993/10/00 First Use In Commerce: 1993/10/00

    Mailing materials, namely plastic or paper envelopes and pouches and card-board and corrugated boxes for shipping and packaging; adhesive tape and la-bels for packaging

    Class 035. First use: First Use: 1993/10/00 First Use In Commerce: 1993/10/00

    Sorting, handling and receiving packages and letters

    Class 039. First use: First Use: 1993/10/00 First Use In Commerce: 1993/10/00

    Pickup, transportation, and delivery ofpackages, letters, and documents by vari-ous modes of transportation

    U.S. RegistrationNo.

    3278287 Application Date 11/12/2004

    Registration Date 08/14/2007 Foreign PriorityDate

    NONE

    Word Mark UNITED STATES POSTAL SERVICE

    Design Mark

    Description ofMark

    The mark consists, in part, of the stylized head of an eagle.

    Goods/Services Class 009. First use: First Use: 1993/10/12 First Use In Commerce: 1993/10/12

    Software in the mailing and delivery field, namely, computer software for track-ing and tracing of mail, address corrections, postal rate calculations, generating

  • mailing and delivery labels, and for locating postal codes and user manuals soldtherewith; multi-line optical character readers, remote video encoders; Computersoftware for use in providing secure transmissions and tamper-detection capab-ilities in the electronic transmissionof mail, messages, documents and data;computer software for use in electronic commerce services relating to bill pre-sentment and payment and the creation, printing, shipping and delivery of par-cels and documents through use of the internet; computer software for use inthe authentication of a digital signature, data encryption, secure communica-tions, secure storage, and verification of electronic transactions, documents orcommunications over the internet or other computer network, and instructionaland user manuals sold in connection therewith; Electronic publications, namely,an instructional manual featuring information and instruction on mail and deliveryservices recorded on computer media; Downloadable electronic publications inthe nature ofan instruction manual in the field of mail and delivery services;Computer operating software used to operate machines for processing of envel-opes, flats, letters and periodicals; Computer software to allow users to performbusiness transactions via the internet; software in themailing and delivery field,namely, computer software for use in receiving and printing information-basedindicia; software in the mailing and delivery field, namely, computer software forsupplying information-based indicia that may be downloaded from the internet;computer hardware, namely, a computerized postal scale; computer printers forsupplying information-based indicia; [ communication software for connectingcomputer network users and to allow customers to access financial accountsand transact financialbusiness; ] semicon software in the mailing and deliveryfield, namely, computer software for use in operating and maintaining a com-puter database in the fieldof information-based indicia; computerized or digitalpostage meters in the nature of an information-based indicia evidencing appar-atus, and digital information-based indicia meters, and testing apparatus there-for; [ semiconductors; computer hardware, namely, microprocessors; integratedcircuits; microcomputers; computer chipsets for use in transferring data to andfrom a central processing unit;computer motherboards and daughter boards;computer graphic boards; computer networking hardware, namely, computernetwork adapters, switches that allow switching between server and worksta-tions, routers and hubs; computer hardware, computer peripherals and com-puter software forpermitting consumers to access the internet; computer peri-pherals, namely, computer keyboards, trackballs, video transmission apparatus,video circuit boards, computer monitors, and computer mouse; computer hard-ware and peripherals for recording, processing, receiving, reproducing, transmit-ting, modifying, compressing, decompressing, broadcasting, merging and en-hancing sound, video images, graphics and user manuals for use therewith, andsold as a unit with each of the aforesaid goods; ] magnetically coded cards foruse in the purchase of stamps and other mailing services

    U.S. RegistrationNo.

    3435895 Application Date 11/19/2007

    Registration Date 05/27/2008 Foreign PriorityDate

    NONE

    Word Mark EXPRESS MAIL

    Design Mark

    Description ofMark

    The mark consists of in part, the stylized head of an eagle.

  • Goods/Services Class 016. First use: First Use: 2007/05/31 First Use In Commerce: 2007/05/31

    Printed materials, namely envelopes andcardboard boxes for shipping and pack-aging, stickers, shipping labels and cardboard mailing tubes

    Class 035. First use: First Use: 2007/05/31 First Use In Commerce: 2007/05/31

    Sorting, handling, and receiving packages, letters, advertisements, catalogs,publications and other items of mail

    Class 039. First use: First Use: 2007/05/31 First Use In Commerce: 2007/05/31

    Pickup, transportation, and delivery ofpackages, letters, advertisements, cata-logs, publications and other items of mail by various modes of transportation;courier services; packaging articles for transportation

    U.S. RegistrationNo.

    3449336 Application Date 11/28/2007

    Registration Date 06/17/2008 Foreign PriorityDate

    NONE

    Word Mark GLOBAL EXPRESS GUARANTEED

    Design Mark

    Description ofMark

    The mark consists of in part, the stylized head of an eagle.

    Goods/Services Class 016. First use: First Use: 2007/05/31 First Use In Commerce: 2007/05/31

    Printed materials, namely, envelopes, stickers and shipping labels

    Class 035. First use: First Use: 2007/05/31 First Use In Commerce: 2007/05/31

    Sorting, handling, and receiving packages, letters, advertisements, catalogs,publications and other items of mail

    Class 039. First use: First Use: 2007/05/31 First Use In Commerce: 2007/05/31

    Pickup, transportation, and delivery ofpackages, letters, advertisements, cata-logs, publications and other items of mail by various modes of transportation;courier services; packaging articles for transportation

    U.S. RegistrationNo.

    3467678 Application Date 12/13/2007

    Registration Date 07/15/2008 Foreign PriorityDate

    NONE

    Word Mark PRIORITY MAIL

    Design Mark

    Description ofMark

    The mark consists of in part, the stylized head of an eagle.

    Goods/Services Class 016. First use: First Use: 1995/04/00 First Use In Commerce: 1995/04/00

    Printed materials, namely, envelopes and cardboard and corrugated boxes forshipping and packaging, shipping labels andcardboard mailing tubes

  • Class 035. First use: First Use: 1995/04/00 First Use In Commerce: 1995/04/00

    Sorting, handling, and receiving packages, letters, advertisements, catalogs,publications and other items of mail

    Class 039. First use: First Use: 1995/04/00 First Use In Commerce: 1995/04/00

    Pickup, transportation, and delivery ofpackages, letters, advertisements, cata-logs, publications and other items of mail by various modes of transportation;courier services; packaging articles for transportation

    U.S. RegistrationNo.

    3509754 Application Date 09/28/2007

    Registration Date 09/30/2008 Foreign PriorityDate

    NONE

    Word Mark UNITED STATES POSTAL SERVICE

    Design Mark

    Description ofMark

    The mark consists of , in part, of the stylized head of an eagle.

    Goods/Services Class 025. First use: First Use: 1993/10/12 First Use In Commerce: 1993/10/12

    Clothing, namely, shirts, jackets and headwear

    U.S. RegistrationNo.

    3507458 Application Date 09/28/2007

    Registration Date 09/30/2008 Foreign PriorityDate

    NONE

    Word Mark PRIORITY MAIL UNITED STATES POSTAL SERVICE

    Design Mark

    Description ofMark

    The mark consists of the design of a rectangular mail envelope. Red strips areplaced along the top and bottom edges ofthe envelope. The background of theenvelope is white. In the upper left-hand quarter of the envelope is a blue andwhite stylized eagle head with the blue wording PRIORITY MAIL divided by athin redline over the wording UNITED STATES POSTAL SERVICE in the colorblue. In the upper right-hand corner of the envelope isa geometric shield-likedesign outlinedin red with a white background. At the top left of the shield design

  • the red wording "BY AIR MAIL" appears over the redwording "PAR AVION" in-side a red outlined rectangle. At the top right of the shield design the red word-ing "PRIORITY" appears over the red wording "PRIORITAIRE" inside a red out-lined rectangle. Belowthe two rectangles, the term "INTERNATIONAL" appearsin white inside a red curved band. In the center of the shield appears a red andwhite globe design including red continents in the middle. The term "EXPRES"appears in white inside a red curved band over the globe design, andthe term"PRIORITY" appears in white inside a red curved band below the globe design.The bands are separated by three red quadrilaterals on the left and the right ofthe globe. (The shield design isdepicted in U.S. Registration No. 2619946).

    Goods/Services Class 016. First use: First Use: 2007/05/31 First Use In Commerce: 2007/05/31

    Mailing materials, namely, plastic or paper envelopes and pouches and card-boardand corrugated boxes for shipping and packaging

    U.S. RegistrationNo.

    3504032 Application Date 09/28/2007

    Registration Date 09/23/2008 Foreign PriorityDate

    NONE

    Word Mark EXPRESS MAIL UNITED STATES POSTAL SERVICE EMS EXTREMELY UR-GENT PLEASE RUSH TO ADDRESSEE

    Design Mark

    Description ofMark

    The mark consists of the design of a rectangular mail envelope. Blue strips are-placed along the top and bottom edges of the envelope. The background of theenvelope is white. In the upper left hand corner of the envelope is a blue andwhite stylized eagle head with the blue wording "EXPRESS MAIL" divided by ablue line over the wording "UNITED STATES POSTAL SERVICE" in the colorblue. In the upper right hand corner of the envelope is the stylized wording"EMS" with geometric shapes on either side and with vertical lines runningthrough it all in the color blue. On the left in the center of the envelope in blueare the words "EXTREMELY URGENT PLEASE RUSH TO ADDRESSEE" withblue lines over and under the wording"EXTREMELY URGENT".

    Goods/Services Class 016. First use: First Use: 2007/05/31 First Use In Commerce: 2007/05/31

    Mailing materials, namely, plastic or paper envelopes and pouches and card-boardand corrugated boxes for shipping and packaging; adhesive tape and la-bels for packaging

    U.S. Registration 3761331 Application Date 11/04/2009

  • No.

    Registration Date 03/16/2010 Foreign PriorityDate

    NONE

    Word Mark UNITED STATES POSTAL SERVICE

    Design Mark

    Description ofMark

    The mark consists of the stylized head of an eagle inside an incomplete rect-angle to the left of the stylized wording "UNITED STATES" over the wording"POSTAL SERVICE" separated by a line.

    Goods/Services Class 036. First use: First Use: 1993/10/00 First Use In Commerce: 1993/10/00

    Money Order Services

    U.S. RegistrationNo.

    3767460 Application Date 11/03/2009

    Registration Date 03/30/2010 Foreign PriorityDate

    NONE

    Word Mark NONE

    Design Mark

    Description ofMark

    The mark consists of the stylized head of an eagle inside an incomplete rect-angle.

    Goods/Services Class 036. First use: First Use: 1993/10/00 First Use In Commerce: 1993/10/00

    Money Order Services

    U.S. RegistrationNo.

    3799540 Application Date 12/15/2009

    Registration Date 06/08/2010 Foreign PriorityDate

    NONE

    Word Mark NONE

  • Design Mark

    Description ofMark

    The mark consists of a stylized head ofan eagle inside and incomplete rect-angle.

    Goods/Services Class 016. First use: First Use: 1993/10/12 First Use In Commerce: 1993/10/12

    Printed Matter, namely, printed Money Orders

    U.S. RegistrationNo.

    3799542 Application Date 12/16/2009

    Registration Date 06/08/2010 Foreign PriorityDate

    NONE

    Word Mark UNITED STATES POSTAL SERVICE

    Design Mark

    Description ofMark

    The mark consists of the stylized head of an eagle inside an incomplete rect-angle to the left of the stylized wording "UNITED STATES "over the wording"POSTAL SERVICE" separated by a line.

    Goods/Services Class 016. First use: First Use: 1993/10/12 First Use In Commerce: 1993/10/12

    Printed Matter, namely, printed Money Orders

    U.S. RegistrationNo.

    3799550 Application Date 01/12/2010

    Registration Date 06/08/2010 Foreign PriorityDate

    NONE

    Word Mark UNITED STATES POSTAL SERVICE

  • Design Mark

    Description ofMark

    The mark consists of the stylized head of an eagle inside an incomplete rect-angle to the left of the stylized wording "UNITED STATES" over the wording"POSTAL SERVICE" separated by a line.

    Goods/Services Class 041. First use: First Use: 1993/10/00 First Use In Commerce: 1993/10/00

    Educational services, namely, conducting classes, seminars and workshops inthefield of mail and delivery and distribution of training material in connectiontherewith; educational services, namely,conducting training in the field of elec-tion mail; Post production editing services in the field of videos

    U.S. RegistrationNo.

    3803204 Application Date 01/13/2010

    Registration Date 06/15/2010 Foreign PriorityDate

    NONE

    Word Mark UNITED STATES POSTAL SERVICE

    Design Mark

    Description ofMark

    The mark consists of the stylized head of an eagle inside an incomplete rect-angle to the left of the stylized wording "UNITED STATES" over the wording"POSTAL SERVICE" separated by a line.

    Goods/Services Class 038. First use: First Use: 1993/10/00 First Use In Commerce: 1993/10/00

    Interactive delivery of video over digital networks; video broadcasting servicesover the internet

    U.S. RegistrationNo.

    3814512 Application Date 02/04/2010

    Registration Date 07/06/2010 Foreign PriorityDate

    NONE

    Word Mark UNITED STATES POSTAL SERVICE

    Design Mark

    Description ofMark

    The mark consists of the stylized head of an eagle inside an incomplete rect-angle to the left of the stylized wording "UNITED STATES" over the wording"POSTAL SERVICE" separated by a line.

  • Goods/Services Class 016. First use: First Use: 1993/10/00 First Use In Commerce: 1993/10/00

    Envelopes; plastic and paper pouches for shipping and packaging; cardboardand corrugated boxes; cardboard mailing tubes; shipping labels; stickers

    U.S. RegistrationNo.

    3021020 Application Date 02/14/2005

    Registration Date 11/29/2005 Foreign PriorityDate

    NONE

    Word Mark UNITED STATES POSTAL SERVICE

    Design Mark

    Description ofMark

    The mark consists, in part, of the stylized head of an eagle.

    Goods/Services Class 009. First use: First Use: 1993/10/00 First Use In Commerce: 1993/10/00

    Computer software in the mailing and delivery field, namely, computer softwarefor tracking and tracing of mail, address corrections, postal rate calcula-tions,generating mailing and delivery labels,generating postage with information-based indicia, for explaining mailing and postal services and for locating postalcodes and user manuals sold therewith; Computer software in the mailing anddelivery field in the nature of electronic publications, namely, manuals andguides in the mail and delivery fields recorded on computer media; Computeroperating software used to operate machines for processing of envelopes, flats,letters and periodicals; Computer hardware

    U.S. RegistrationNo.

    1917921 Application Date 09/26/1994

    Registration Date 09/12/1995 Foreign PriorityDate

    NONE

    Word Mark NONE

    Design Mark

    Description ofMark

    NONE

    Goods/Services Class 016. First use: First Use: 1993/10/00 First Use In Commerce: 1993/10/00

    magazines, catalogs, brochures, newsletters, and pamphlets concerning mail

  • delivery services

    Class 039. First use: First Use: 1993/10/00 First Use In Commerce: 1993/10/00

    postal services, namely mail and parceldelivery, packaging articles for transport-ation, and rental of mail boxes

    Class 042. First use: First Use: 1993/10/00 First Use In Commerce: 1993/10/00

    retail store and outlet services featuring stamps, stationery, envelopes, and oth-er mailing materials; and mail-order services featuring stamps, stationery, envel-opes and other mailing materials

    U.S. RegistrationNo.

    2295423 Application Date 05/19/1998

    Registration Date 11/30/1999 Foreign PriorityDate

    NONE

    Word Mark UNITED STATES POST OFFICE EXPRESS

    Design Mark

    Description ofMark

    The mark consists, in part, of the stylized head of an eagle.

    Goods/Services Class 035. First use: First Use: 1995/08/00 First Use In Commerce: 1995/08/00

    MAIL SERVICES, NAMELY, SORTING, HANDLING, AND RECEIVING PACK-AGES AND LETTERS; RETAIL STORE SERVICES FEATURING STAMPS,PHILATELIC PRODUCTS, STATIONERY AND OTHERMAILING MATERIALS,NOVELTY ITEMS, AND OTHER RELATED MERCHANDISE

    Class 039. First use: First Use: 1995/08/00 First Use In Commerce: 1995/08/00

    POSTAL SERVICES, NAMELY, RENTAL OF MAILBOXES

    Attachments 76153859#TMSN.png( bytes )77869418#TMSN.png( bytes )77894452#TMSN.png( bytes )78922003#TMSN.png( bytes )85308333#TMSN.png( bytes )75316310#TMSN.png( bytes )75503061#TMSN.png( bytes )75540853#TMSN.png( bytes )

  • 75540854#TMSN.png( bytes )76173228#TMSN.png( bytes )76620166#TMSN.png( bytes )76620272#TMSN.png( bytes )76620157#TMSN.png( bytes )76620315#TMSN.png( bytes )76620159#TMSN.png( bytes )76620160#TMSN.png( bytes )76633811#TMSN.png( bytes )76620161#TMSN.png( bytes )77332677#TMSN.png( bytes )77338849#TMSN.png( bytes )77351162#TMSN.png( bytes )77291857#TMSN.png( bytes )77291652#TMSN.png( bytes )77291657#TMSN.png( bytes )77865060#TMSN.png( bytes )77864018#TMSN.png( bytes )77893469#TMSN.png( bytes )77894390#TMSN.png( bytes )77909989#TMSN.png( bytes )77910609#TMSN.png( bytes )77927778#TMSN.png( bytes )78566743#TMSN.png( bytes )74578157#TMSN.png( bytes )75492132#TMSN.png( bytes )2019.02.21 USPS Postapac and Design Petition to Cancel.pdf(555385 bytes )2019.02.21 USPS Postapac and Design Petition to Cancel exhibits.pdf(4749658bytes )

    Signature /DAVID A. JACKSON/

    Name David A. Jackson

    Date 02/21/2019

  • 107357941_1

    IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

    TRADEMARK TRIAL AND APPEAL BOARD

    United States Postal Service, )

    ) TTAB No. ___________

    Petitioner, )

    ) Mark: POSTALPAC and Design

    v. )

    ) Reg. No. 4,487,275

    Hazmatpac, Inc. )

    ) Reg. Date: February 25, 2014

    Respondent. )

    __________________________________________ )

    PETITION TO CANCEL

    Petitioner, the United States Postal Service (“USPS”), believes that it is and will continue to be

    damaged by registration the composite mark (hereinafter the “Postalpac Design Mark”)

    and hereby petitions to cancel Registration No. 4,487,275. As grounds for the cancellation, USPS, by and

    through its attorneys Lewis Roca Rothgerber Christie LLP, respectfully alleges as follows:

    1. USPS is an independent establishment of the executive branch of the Government of

    the United States with its headquarters at 475 L’Enfant Plaza SW, Washington, D.C. 20260-1135.

    2. Respondent Hazmatpac, Inc. (“Respondent”) is a Texas corporation with its principle

    place of business at 7905 Blankenship Drive, Houston, Texas 77055.

    3. Respondent owns federal registration No. 4,487,275 for the Postalpac Design Mark for

    “hazardous material packaging, namely, fiberboard containers” in international class 016, which

    registered on February 25, 2014 (the “Registration”).

    4. USPS originally objected to use and registration of the Postalpac Design Mark in a letter

    dated April 22, 2014. That letter requested in part that Respondent surrender its Registration. USPS

    and Respondent continued to exchange correspondences to try to reach an amicable resolution, but at

    all times USPS maintained its objection to use and registration of the Postalpac Design Mark.

  • 107357941_1

    The Postal Service’s Famous Eagle Design Marks

    5. USPS has used the design of an eagle since at least as early as 1970 as a source identifier

    for its wide range of goods and services.

    6. In 1970, the Postal Reorganization Act transformed the Post Office Department into the

    United States Postal Service, at which time the Postal Service adopted its official seal that consisted in

    part of a “stylized bald eagle . . . poised for flight.” 39 CFR § 2.4 (the “Full-Bodied Eagle”). Eagles are

    powerful, stately, determined and undeniably American, which reflects the spirit of the Postal Service

    and its employees.

    7. The Postal Service owns numerous federal registrations that incorporate the Full-Bodied

    Eagle, examples of which are set forth in the table below. The registrations enumerated below are

    incontestable and conclusive evidence of the validity of those particular Full-Bodied Eagle marks, USPS’s

    ownership of those Full-Bodied Eagle marks, and USPS’s exclusive right to use those Full-Bodied Eagle

    marks in commerce on or in connection with the goods and services specified in the registrations. True

    and correct copies of these registrations from the TESS database showing their current status and title

    are attached hereto as Exhibit 1.

    Mark Reg. No. Goods/Services Reg. Date

    2,494,399 IC 016: Magazines, catalogs, brochures,

    newsletters, and pamphlets concerning mail

    delivery services; plastic and paper

    envelopes and pouches, cardboard and

    corrugated boxes and cardboard mailing

    tubes for shipping and packaging; philatelic

    materials, namely, postage stamps

    IC 035: Mailing services, namely sorting,

    handling and receiving packages and letters;

    direct mail advertising for others

    IC 039: Delivery services, namely pickup,

    transportation, and delivery of packages,

    envelopes and documents by various modes

    of transportation; packaging articles for

    Oct. 2, 2001

  • 107357941_1

    transportation, and rental of mail boxes

    3,761,332 IC 036: Money order services Mar. 16, 2010

    3,799,543 IC 016: Printed matter, namely, printed

    money orders

    Jun. 8, 2010

    3,955,885 IC 016: Books in the fields of philatelics, and

    world and American history; books

    containing commemorative stamps and

    narrative text regarding such stamps;

    postcards

    May 3, 2011

    4,031,772 IC 016: Envelopes and boxes of paper and

    cardboard for shipping and packaging;

    cardboard mailing tubes

    IC 035: Sorting, handling, and receiving

    packages and letters

    IC 039: Pickup, transportation and delivery

    of packages and documents by various

    modes of transportation

    Sept. 27, 2011

    8. USPS has made widespread and continuous use of its Full-Bodied Eagle since at least as

    early as 1970, causing the public to recognize the Full-Bodied Eagle as identifying USPS’s goods and

    services. USPS has invested significant time, money, and resources using and promoting its Full-Bodied

    Eagle since 1970 and has built significant consumer recognition and goodwill in its Full-Bodied Eagle.

    9. In 1992, USPS was a sponsor of the Olympic Games in Barcelona, Spain, which was

    widely televised worldwide. The Full-Bodied Eagle was featured on television, in venues where various

  • 107357941_1

    athletic events were held, and on promotional materials and merchandise, examples of which are

    shown below.

    10. Today, the Full-Bodied Eagle can be found on hundreds of Postal Service facilities

    throughout the United States as well as on vehicles and mailboxes, examples of which are shown below.

    11. Moreover, the Full-Bodied Eagle has been and continues to be featured in many

    television programs, motion pictures, and commercials shown in the United States and worldwide,

    examples of which are shown below.

  • 107357941_1

    12. In 1993, USPS introduced the Sonic Eagle as its new corporate logo to capture the ethos

    of a modern era which continues today. A hallmark feature of the Sonic Eagle is the appearance of

    forward motion, which was symbolic of USPS moving forward into the future.

    13. The Postal Service owns numerous federal registrations that incorporate the Sonic

    Eagle, examples of which are set forth in the table below. The registrations enumerated below are

    incontestable and conclusive evidence of the validity of those particular Sonic Eagle marks, USPS’s

    ownership of those Sonic Eagle marks, and USPS’s exclusive right to use those Sonic Eagle marks in

    commerce on or in connection with the goods and services specified in the registrations. True and

    correct copies of these registrations from the TESS database showing their current status and title are

    attached hereto as Exhibit 2.

    Mark Reg. No. Goods/Services Reg. Date

    2,295,423 IC 035: Mail services, namely, sorting,

    handling, and receiving packages and letters;

    retail store services featuring stamps,

    philatelic products, stationery and other

    mailing materials, novelty items, and other

    related merchandise

    IC 039: Postal services, namely, rental of

    Nov. 30, 1999

  • 107357941_1

    mailboxes

    2,132,892 IC 016: Magazines, catalogs, brochures, and

    pamphlets concerning mail delivery services

    and/or philatelic products; greeting cards;

    note cards; stationery writing paper and

    envelopes; postage stamps; philatelic

    products, namely, mounts for stamps

    IC 035: Mail services, namely, sorting,

    handling, and receiving mail; retail store and

    outlet services featuring stamps, stationery,

    and other mailing materials and featuring

    philatelic products and gifts; mail order

    services featuring stamps, stationery, and

    other mailing materials and featuring

    philatelic products and gifts

    IC 039: Pickup, transportation, and delivery

    of correspondence, of publications, of direct

    mail advertising, of packages, and of parcels

    by land and air; packaging articles for

    transportation, and rental of mail boxes

    Jan. 27, 1998

    2,295,478 IC 035: Mail services, namely, sorting,

    handling, and receiving packages and letters;

    retail store services featuring stamps,

    philatelic products, stationery and other

    mailing materials, novelty items, and other

    related merchandise

    IC 039: Postal services, namely, packaging

    articles for transportation, letter and parcel

    delivery and rental of mailboxes

    Nov. 30, 1999

    2,318,292 IC 016: Envelopes and boxes for shipping and

    packaging

    IC 035: Sorting, handling, and receiving

    packages and letters

    IC 039: Pickup, transportation, and delivery

    of packages and documents by various

    modes of transportation

    Feb. 15, 2000

    2,342,543 IC 016: Envelopes and paper and cardboard

    boxes for shipping and packaging

    IC 035: Sorting, handling, and receiving

    packages and letters

    IC 039: Pickup, transportation, and delivery

    of packages and documents by various

    Apr. 18, 2000

  • 107357941_1

    modes of transportation

    2,665,390 IC 016: Printed materials, namely stationery,

    and paper envelopes and cardboard and

    corrugated boxes for shipping and packaging,

    and other mailing materials, namely

    cardboard mailing tubes and plastic mailing

    pouches

    IC 035: Mail services, namely sorting,

    handling, and receiving packages and letters

    IC 039: Delivery services, namely, pickup,

    transportation, and delivery of packages and

    letters by various modes of transportation;

    courier services; and packaging articles for

    transportation

    Dec. 24, 2002

    2,963,883 IC 016: Magazines, catalogs, brochures, and

    pamphlets concerning mail delivery services

    and/or philatelic products; greeting cards;

    post cards, note cards; stationery; address,

    shipping, adhesive and paper labels; writing

    paper; plastic and paper envelopes and

    cardboard and corrugated boxes for shipping

    and packaging; cardboard mailing tubes;

    plastic mailing pouches; postage stamps;

    stamp art prints; framed art; posters; stamp

    collections comprised of postage stamps,

    stamp mounts, stamp albums, stamp sleeves

    and first day issue stamps on postcards and

    envelopes sold together as a unit; stickers;

    commemorative stamp sheets; desk

    accessories, namely, rubber stamps, paper

    embossers, desk blotters and letter openers;

    stationery holders made of tin; paper

    staplers and electric staplers for offices;

    staple removers; tape dispensers; stamp

    dispensers, magnetic note pads with self-

    sticking sheets; desk pads; notebooks; pens;

    pencils; pencil and eraser sets; gift wrapping

    paper and fabric and paper gift bags; bulletin

    boards; organizers for stationery and

    personal organizers; decorative boxes made

    of paper and cardboard; stationery-type

    portfolios; binders; folders; memo pads;

    June 28, 2005

  • 107357941_1

    coloring books; sticker albums

    2,963,040 IC 035: Mail services, namely, sorting,

    handling, and receiving mail, packages,

    envelopes and advertisements and collecting,

    maintaining and providing information

    concerning the same; retail and online store

    and outlet services featuring stamps,

    stationery, and other mailing materials and

    featuring philatelic products and gifts; mail

    order services featuring stamps, stationery,

    and other mailing materials and featuring

    philatelic products and gifts; providing

    databases containing mailing lists and

    addresses and information related thereto;

    arranging for pickup, delivery, storage and

    transportation of documents, packages,

    freight and parcels via ground and air

    carriers; packaging articles to the order and

    specification of others; advertising services,

    namely promoting the goods and services of

    others; providing business marketing

    information, including information on using

    direct mail advertising

    June 21, 2005

    2,963,879 IC 038: Electronic transmission of data and

    documents via computer terminals; delivery

    of messages and data by electronic

    transmission; electronic mail services;

    electronic store-and-forward messaging;

    electronic transmission of facsimile

    communications and data featuring

    encryption and decryption; providing

    telecommunications connections to a global

    computer network; electronic transmission

    of postage; electronic transmission of mail,

    messages, documents and data using a

    security program with tamper-detection

    capabilities; electronic mail services in the

    field of financial transactions

    June 28, 2005

    2,996,878 IC 025: Clothing for men, women, and

    children, namely, t-shirts, tank tops, long-

    sleeve shirts, shirts, blouses, sweaters,

    jackets, ponchos, coats, shorts, pants,

    Sept. 20, 2005

  • 107357941_1

    sweatshirts, sweatpants, sweatsuits, fleece

    warmup suits, ties, vests, scarves, overalls,

    skirts, dresses, socks, shoes, scarves, hats,

    visors, headbands, footwear, and headwear

    2,996,877 IC 045: Applying electronic date and time and

    digital signature to electronic documents and

    transactions to verify that documents and

    transactions have not been altered after

    application of digital signature; providing

    authentication of identity for electronic

    communications; applying digital signature to

    electronic documents, communications

    and/or transactions to verify that the

    documents, communications or transactions

    have not been altered after application of

    digital signature providing proof of receipt of

    electronic documents, communications or

    transactions; security printing, namely,

    encoding identification information on

    valuable documents and products

    Sept. 20, 2005

    3,000,535 IC 035: Mail processing, namely, provision of

    mail, package and delivery scheduling,

    providing mail and package tracking services

    including verification of delivery, and

    providing temporary address change

    notification services

    IC 039: Pickup, transportation and delivery of

    packages, letters, correspondence,

    remittances, publications, advertisements

    and parcels by various modes of

    transportation; packaging articles for

    transportation; rental of mail boxes;

    providing a database in the field of mail

    delivery

    IC 042: Providing temporary use of non-

    downloadable software for purposes of

    updating and correcting mailing address

    information; and testing, analysis and

    evaluation of the mailing and delivery

    products and services of others

    Sept. 27, 2005

  • 107357941_1

    3,019,531 IC 016: Mailing materials, namely plastic or

    paper envelopes and pouches and cardboard

    and corrugated boxes for shipping and

    packaging; adhesive tape and labels for

    packaging

    IC 035: Sorting, handling and receiving

    packages and letters

    IC 039: Pickup, transportation, and delivery

    of packages, letters, and documents by

    various modes of transportation

    Nov. 29, 2005

    3,278,287 IC 009: Software in the mailing and delivery

    field, namely, computer software for tracking

    and tracing of mail, address corrections,

    postal rate calculations, generating mailing

    and delivery labels, and for locating postal

    codes and user manuals sold therewith;

    multi-line optical character readers, remote

    video encoders; Computer software for use

    in providing secure transmissions and

    tamper-detection capabilities in the

    electronic transmission of mail, messages,

    documents and data; computer software for

    use in electronic commerce services relating

    to bill presentment and payment and the

    creation, printing, shipping and delivery of

    parcels and documents through use of the

    internet; computer software for use in the

    authentication of a digital signature, data

    encryption, secure communications, secure

    storage, and verification of electronic

    transactions, documents or communications

    over the internet or other computer

    network, and instructional and user manuals

    sold in connection therewith; Electronic

    publications, namely, an instructional manual

    featuring information and instruction on mail

    and delivery services recorded on computer

    media; Downloadable electronic publications

    in the nature of an instruction manual in the

    field of mail and delivery services; Computer

    operating software used to operate machines

    for processing of envelopes, flats, letters and

    periodicals; Computer software to allow

    Aug. 14, 2007

  • 107357941_1

    users to perform business transactions via

    the internet; software in the mailing and

    delivery field, namely, computer software for

    use in receiving and printing information-

    based indicia; software in the mailing and

    delivery field, namely, computer software for

    supplying information-based indicia that may

    be downloaded from the internet; computer

    hardware, namely, a computerized postal

    scale; computer printers for supplying

    information-based indicia; semicon software

    in the mailing and delivery field, namely,

    computer software for use in operating and

    maintaining a computer database in the field

    of information-based indicia; computerized

    or digital postage meters in the nature of an

    information-based indicia evidencing

    apparatus, and digital information-based

    indicia meters, and testing apparatus

    therefor; magnetically coded cards for use in

    the purchase of stamps and other mailing

    services

    3,435,895 IC 016: Printed materials, namely envelopes

    and cardboard boxes for shipping and

    packaging, stickers, shipping labels and

    cardboard mailing tubes

    IC 035: Sorting, handling, and receiving

    packages, letters, advertisements, catalogs,

    publications and other items of mail

    IC 039: Pickup, transportation, and delivery

    of packages, letters, advertisements,

    catalogs, publications and other items of mail

    by various modes of transportation; courier

    services; packaging articles for transportation

    May 27, 2008

    3,449,336 IC 016: Printed materials, namely, envelope,

    stickers, and shipping labels

    IC 035: Sorting, handling, and receiving

    packages, letters, advertisements, catalogs,

    publications and other items of mail

    IC 039: Pickup, transportation, and delivery

    of packages, letters, advertisements,

    catalogs, publications and other items of mail

    Jun. 17, 2008

  • 107357941_1

    by various modes of transportation; courier

    services; packaging articles for transportation

    3,467,678 IC 016: Printed materials, namely, envelopes

    and corrugated boxes for shipping and

    packaging, shipping labels and cardboard

    mailing tubes

    IC 035: Sorting, handling, and receiving

    packages, letters, advertisements, catalogs,

    publications and other items of mail

    IC 039: Pickup, transportation, and delivery

    of packages, letters, advertisements,

    catalogs, publications and other items of mail

    by various modes of transportation; courier

    services; packaging articles for transportation

    Jul. 15, 2008

    3,509,754 IC 025: Clothing, namely, shirts, jackets and

    headwear

    Sept. 30, 2008

    3,507,458 IC 016: Mailing materials, namely, plastic or

    paper envelopes and pouches and cardboard

    and corrugated boxes for shipping and

    packaging

    Sept. 30, 2008

    3,504,032 IC 016: Mailing materials, namely, plastic or

    paper envelopes and pouches and cardboard

    and corrugated boxes for shipping and

    packaging; adhesive tape and labels for

    packaging

    Sept. 23, 2008

    3,761,331 IC 036: Money order services Mar. 16, 2010

    3,767,460 IC 036: Money order services Mar. 30, 2010

    3,799,540 IC 016: Printed matter, namely, printed

    money orders

    Jun. 8, 2010

    3,799,542 IC 016: Printed matter, namely, printed

    money orders

    Jun. 8, 2010

    3,799,550 IC 041: Educational services, namely,

    conducting classes, seminars and workshops

    Jun. 8, 2010

  • 107357941_1

    in the field of mail and delivery and

    distribution of training material in connection

    therewith; educational services, namely,

    conducting training in the field of election

    mail; post production editing services in the

    field of videos

    3,803,204 IC 038: Interactive delivery of video over

    digital networks; video broadcasting services

    over the internet

    Jun. 15, 2010

    3,814,512 IC 016: Envelopes; plastic and paper pouches

    for shipping and packaging; cardboard and

    corrugated boxes; cardboard mailing tubes;

    shipping labels; stickers

    Jul. 6, 2010

    3,021,020 IC 009: Computer software in the mailing and

    delivery field, namely, computer software for

    tracking and tracing of mail, address

    corrections, postal rate calculations,

    generating mailing and delivery labels,

    generating postage with information-based

    indicia, for explaining mailing and postal

    services and for locating postal codes and

    user manuals sold therewith; computer

    software in the mailing and delivery field in

    the nature of electronic publications, namely,

    manuals and guides in the mail and delivery

    fields recorded on computer media;

    computer operating software used to

    operate machines for processing of

    envelopes, flats, letters and periodicals;

    computer hardware

    Nov. 29, 2005

    1,917,921 IC 016: Magazines, catalogs, brochures,

    newsletters, and pamphlets concerning mail

    delivery services

    IC 039: Postal services, namely mail and

    parcel delivery, packaging articles for

    transportation, and rental of mail boxes

    IC 042: Retail store and outlet services

    featuring stamps, stationery, envelopes, and

    other mailing materials; and mail-order

    services featuring stamps, stationery,

    envelopes and other mailing materials

    Sept. 12, 1995

  • 107357941_1

    14. USPS has made widespread and continuous use of its Sonic Eagle since at least as early

    as 1993, causing the public to recognize the Sonic Eagle as identifying USPS’s goods and services. USPS

    has invested significant time, money, and resources using and promoting its Sonic Eagle since 1993 and

    has built significant consumer recognition and goodwill in its Sonic Eagle.

    15. Over the years, USPS has sponsored various sports and sporting events in the United

    States and worldwide. For example, cyclist Lance Armstrong wore the iconic Sonic Eagle on his jersey

    for several years, including during his victories in the Tour De France. The Sonic Eagle has also been

    featured on cars used in NASCAR races and events. Examples of the Sonic Eagle used in connection with

    USPS’s sponsorship of these sporting events are shown below.

    16. Today, the Sonic Eagle can be found on hundreds of Postal Service facilities throughout

    the United States as well as on vehicles, mailboxes, mailbags, packaging, and promotional

    advertisements, examples of which are shown below.

  • 107357941_1

    17. Moreover, the Sonic Eagle has been and continues to be featured in many television

    programs, motion pictures, and commercials shown in the United States and worldwide, examples of

    which are shown below.

    18. As a result of USPS’s extensive advertising and promotion of both its Full-Bodied Eagle

    and Sonic Eagle, the marks have become and continue to function as extremely valuable business and

    marketing assets of USPS. These marks both identify USPS as the source of delivery and mail services

  • 107357941_1

    and related goods and services provided to the public and indicate a consistently high quality of goods

    and services.

    First Claim: Likelihood of Confusion (15 U.S.C. § 1052(d))

    19. The continued registration of Respondent’s Postalpac Design Mark is likely to cause

    confusion, or mistake, or to deceive consumers as to the source of each party’s goods and services and

    is likely to lead consumers to falsely infer the existence of an affiliation, connection, or association

    between the parties in violation of 15 U.S.C. § 1052(d).

    20. Respondent’s Postalpac Design Mark includes the design of a right-facing eagle or bird

    head from the neck up, highly similar to the Sonic Eagle which also includes a right-facing eagle head

    shown from the neck up.

    21. Respondent’s Postalpac Design Mark includes four horizontal lines emanating from

    behind the right-facing eagle or bird head that suggests forward motion, highly similar to the Sonic Eagle

    which also includes design elements that suggest forward motion.

    22. Respondent promoted its Postalpac Design Mark and the goods associated with the

    Postalpac Design Mark online alongside an image of a bald eagle, underscoring the association of the

    Psotalpac Design Mark with an eagle and thereby exacerbating the likelihood of confusion with USPS’s

    Full-Bodied Eagle and Sonic Eagle. A screenshot from Respondent’s website

    https://postalpac.com/postalpac.html as of March 28, 2016 is provided below for reference.

  • 107357941_1

    23. Respondent’s Postalpac Design Mark covers “hazardous material packaging, namely,

    fiberboard containers” in international class 016. USPS likewise owns numerous federal registrations for

    both its Full-Bodied Eagle and Sonic Eagle that cover similar goods in international class 016, including

    packaging products that are essentially identical to the goods covered by Respondent’s Registration.

    24. USPS is the world’s largest provider of mail and delivery services, and Respondent’s

    Postalpac Design Mark covers goods that are intended to be shipped through the mail. Both parties

    marks will therefore inevitably be used in the same channels of trade and will target the same classes of

    consumers.

    25. Due to the high degree of similarity between the marks, the relatedness of the parties’

    respective goods and services, and the clear overlap in channels of trade and classes of consumers, USPS

  • 107357941_1

    is being damaged and will continue to be damaged by the continued registration of Respondent’s

    Postalpac Design Mark.

    26. For all the foregoing reasons, the continued registration of Respondent’s Postalpac

    Design Mark is inconsistent with USPS’s rights in its Full-Bodied Eagle and Sonic Eagle and damages USPS

    by creating a likelihood of confusion with its multiple federal registrations for the Full-Bodied Eagle and

    Sonic Eagle, and the Registration should therefore be cancelled.

    Second Claim: False Connection With an Institution (15 U.S.C. § 1052(a))

    27. USPS is an “institution” as that term is defined by the Lanham Act. See U.S. Postal

    Service v. Lost Key Rewards, Inc., Opp. No. 91185802 (TTAB Nov. 15, 2010).

    28. USPS adopted its Full-Bodied Eagle in 1970 as part of its official seal and adopted its

    Sonic Eagle in 1993 as its new corporate logo. For over 45 years and for over 25 years, respectively,

    these two eagle design marks have been uniquely and unmistakably associated with USPS.

    29. USPS’s Full-Bodied Eagle and Sonic Eagle are both recognized by the relevant public as

    being associated with USPS through over 45 years and over 25 years, respectively, of continuous and

    exclusive use throughout the United States and worldwide.

    30. USPS is not affiliated with, associated with, or connected in any way to Respondent or

    Respondent’s goods and services, and USPS has never authorized Respondent to use USPS’s Full-Bodied

    Eagle of Sonic Eagle or any confusingly similar variation thereof at any time.

    31. USPS has used, promoted, and advertised its Full-Bodied Eagle for over 45 years

    throughout the United States and around the world. USPS has used, promoted, and advertised its Sonic

    Eagle for over 25 years throughout the United States and around the world. Both of these marks have

    been used in connection with nationally and internationally televised sporting events, television shows,

    motion pictures, and commercials, and are used nationwide on buildings, vehicles, mailboxes, and

    promotional materials, as set forth in Paragraphs 9, 10, 11, 15, 16, and 17 of this petition, which are

  • 107357941_1

    incorporated by reference hereto. Through this extensive and widespread use USPS’s two eagle designs

    have both garnered fame among the public nationwide.

    32. USPS’s Full-Bodied Eagle and Sonic Eagle have both garnered sufficient fame that when

    the Postalpac Design Mark is used in connection with the goods enumerated in the Registration a

    connection with USPS will be presumed by the public.

    33. Because the public perceives USPS’s Full-Bodied Eagle and Sonic Eagle as a unique and

    unmistakable identification of USPS’s institution and its goods and services, the continued registration of

    the Postalpac Design Mark will continue to falsely suggestion a connection with USPS in violation of 15

    U.S.C. § 1052(a), and the Registration should therefore be cancelled.

    Third Claim: Dilution by Blurring or Tarnishment (15 U.S.C. § 1125(c))

    34. Continued registration of the Postalpac Design Mark will result in dilution by blurring of

    USPS’s famous Full-Bodied Eagle and Sonic Eagle in violation of 15 U.S.C. § 1125(c).

    35. USPS’s Full-Bodied Eagle and Sonic Eagle are recognized by the relevant public as being

    associated with USPS through over 45 years and over 25 years, respectively, of continuous and exclusive

    use throughout the United States and worldwide.

    36. The fame of the Full-Bodied Eagle and Sonic Eagle were established long before the

    Postalpac Design Mark was used and long before an application for the Postalpac Design Mark was filed

    and matured to registration.

    37. Given the high degree of similarity between the Postalpac Design Mark and USPS’s Full-

    Bodied Eagle and Sonic Eagle, the degree of inherent and acquired distinctiveness of USPS’s Full-Bodied

    Eagle and Sonic Eagle, and the extent to which USPS engages in substantially exclusive use of its Full-

    Bodied Eagle and Sonic Eagle, the continued registration of the Postalpac Design Mark will impair and

    dilute the distinctive nature of USPS’s Full-Bodied Eagle and Sonic Eagle by lessening the ability and

    capacity of these marks to distinguish USPS as the sole source or origin of its high quality goods and

  • 107357941_1

    services and by lessening the extensive and valuable goodwill, quality, and reputation that is associated

    with USPS and USPS’s Full-Bodied Eagle and Sonic Eagle.

    38. Because continued registration of the Postalpac Design Mark will dilute USPS’s famous

    Full-Bodied Eagle and Sonic Eagle, the Registration violates 15 U.S.C. § 1125(c) and should therefore be

    cancelled.

    Conclusion

    39. For all the reasons set forth in this petition, continued registration of the Postalpac

    Design Mark is in contravention of the Lanham Act, and USPS respectfully requests that the Registration

    be cancelled.

    Respectfully submitted this 21st day of February 2019.

    _____/David A. Jackson/__________

    Jennifer A. Van Kirk

    David A. Jackson

    Lewis Roca Rothgerber Christie LLP

    201 E. Washington Street, Suite 1200

    Phoenix, AZ 85005-2595

    Tel. (602) 262-5311

    [email protected]

    [email protected]

    [email protected]

    Attorneys for United States Postal Service

  • Exhibit 1

    Exhibit 1

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    Goods andServices

    IC 016. US 002 005 022 023 029 037 038 050. G & S: Magazines, catalogs, brochures,newsletters, and pamphlets concerning mail delivery services; plastic and paperenvelopes and pouches, cardboard and corrugated boxes and cardboard mailing tubes forshipping and packaging; philatelic materials, namely, postage stamps. FIRST USE:19700812. FIRST USE IN COMMERCE: 19710701

    IC 035. US 100 101 102. G & S: Mailing services, namely sorting, handling and receivingpackages and letters; direct mail advertising for others. FIRST USE: 19700812. FIRSTUSE IN COMMERCE: 19710701

    IC 039. US 100 105. G & S: Delivery services, namely pickup, transportation, and deliveryof packages, envelopes and documents by various modes of transportation; packagingarticles for transportation, and rental of mail boxes. FIRST USE: 19700812. FIRST USEIN COMMERCE: 19710701

    Mark DrawingCode

    (2) DESIGN ONLY

    Design SearchCode

    03.15.01 - Eagles

    Serial Number 76153859

    Filing Date October 25, 2000

    Current Basis 1A

    Original FilingBasis

    1A

    Published forOpposition

    July 10, 2001

    RegistrationNumber

    2494399

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  • RegistrationDate

    October 2, 2001

    Owner (REGISTRANT) United States Postal Service INDEPENDENT ESTABLISHMENT OFTHE EXECUTIVE BRANCH OF THE GOVERNMENT UNITED STATES 475 L'EnfantPlaza W S.W. Washington D.C. 202601135

    Attorney ofRecord

    Sandra A. Riley

    PriorRegistrations

    1917921;2431839;AND OTHERS

    Description ofMark

    The mark consists of a stylized eagle.

    Type of Mark TRADEMARK. SERVICE MARK

    Register PRINCIPAL

    Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20111005.

    Renewal 1ST RENEWAL 20111005

    Live/DeadIndicator

    LIVE

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    Word Mark U.S. MAIL UNITED STATES POSTAL SERVICE

    Goods andServices

    IC 036. US 100 101 102. G & S: Money Order Services. FIRST USE: 19700812. FIRSTUSE IN COMMERCE: 19700812

    Mark DrawingCode

    (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS

    Design SearchCode

    01.01.13 - Stars - multiple stars with five points03.15.01 - Eagles03.15.19 - Birds or bats in flight or with outspread wings03.15.24 - Stylized birds and bats26.09.02 - Plain single line squares; Squares, plain single line26.09.08 - Squares comprised of letters, numerals or punctuation and letters, numerals orpunctuation forming the perimeter of a square or bordering the perimeter of a square26.09.25 - Squares with curved sides26.17.01 - Bands, straight; Bars, straight; Lines, straight; Straight line(s), band(s) or bar(s)26.17.05 - Bands, horizontal; Bars, horizontal; Horizontal line(s), band(s) or bar(s); Lines,horizontal

    TrademarkSearch FacilityClassificationCode

    GROT-BIRD Exaggerated depiction of a birdLETS-2 US Two letters or combinations of multiples of two lettersNOTATION-SYMBOLS Notation Symbols such as Non-Latin characters,punctuation andmathematical signs,zodiac signs,prescription marksSHAPES-ASTRO Astronomical shapes consisting of celestial bodies, globes andgeographical mapsSHAPES-BAR-BANDS Designs with bar, bands or linesSHAPES-GEOMETRIC Geometric figures and solids including squares, rectangles,quadrilaterals and polygonsSHAPES-MISC Miscellaneous shaped designs

    Serial Number 77869418

    Filing Date November 10, 2009

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  • Current Basis 1A

    Original FilingBasis

    1A

    Published forOpposition

    December 29, 2009

    RegistrationNumber

    3761332

    RegistrationDate

    March 16, 2010

    Owner (REGISTRANT) UNITED STATES POSTAL SERVICE INDEPENDENTESTABLISHMENT OF THE EXECUTIVE BRANCH OF THE GOVERNMENT OF THEUNITED STATES UNITED STATES 475 L'Enfant Plaza, SW Washington D.C. 202601136

    Attorney ofRecord

    KAREN E. OWCZARSKI

    PriorRegistrations

    2137563;2431839;3113972

    Description ofMark

    Color is not claimed as a feature of the mark. The mark consists of a stylized eagle withoutstretched wings over the stylized wording "U.S. MAIL" with a line above and below thewording. The eagle design and wording is surrounded by the stylized wording "UNITEDSTATES POSTAL SERVICE" and nine, five- pointed stars.

    Type of Mark SERVICE MARK

    Register PRINCIPAL-2(F)-IN PART

    Affidavit Text SECT 15. SECT 8 (6-YR).

    Live/DeadIndicator

    LIVE

    DistinctivenessLimitationStatement

    as to "UNITED STATES POSTAL SERVICE"

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    Word Mark UNITED STATES POSTAL SERVICE U.S. MAIL

    Goods andServices

    IC 016. US 002 005 022 023 029 037 038 050. G & S: Printed Matter, namely, printedMoney Orders. FIRST USE: 19700812. FIRST USE IN COMMERCE: 19700812

    Mark DrawingCode

    (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS

    Design SearchCode

    01.01.13 - Stars - multiple stars with five points03.15.01 - Eagles03.15.24 - Stylized birds and bats26.17.09 - Bands, curved; Bars, curved; Curved line(s), band(s) or bar(s); Lines, curved

    TrademarkSearch FacilityClassificationCode

    ANI-BIRDS Accurate depiction of BirdsLETS-2 US Two letters or combinations of multiples of two lettersNOTATION-SYMBOLS Notation Symbols such as Non-Latin characters,punctuation andmathematical signs,zodiac signs,prescription marksSHAPES-ASTRO Astronomical shapes consisting of celestial bodies, globes andgeographical mapsSHAPES-BAR-BANDS Designs with bar, bands or linesSHAPES-GEOMETRIC Geometric figures and solids including squares, rectangles,quadrilaterals and polygons

    Serial Number 77894452

    Filing Date December 16, 2009

    Current Basis 1A

    Original FilingBasis

    1A

    Published forOpposition

    March 23, 2010

    RegistrationNumber

    3799543

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  • RegistrationDate

    June 8, 2010

    Owner (REGISTRANT) UNITED STATES POSTAL SERVICE an independent establishment ofthe executive branch of the government of the United States UNITED STATES 475L'Enfant Plaza, SW Washington D.C. 202601136

    Attorney ofRecord

    KAREN E. OWCZARSKI

    PriorRegistrations

    2137563;2431839;3113972;AND OTHERS

    Description ofMark

    Color is not claimed as a feature of the mark. The mark consists of a stylized eagle withoutstretched wings over the stylized wording "U.S. MAIL" with a line above and below thewording. The eagle design and wording is surrounded by the stylized wording "UNITEDSTATES POSTAL SERVICE" and nine, five-pointed stars.

    Type of Mark TRADEMARK

    Register PRINCIPAL-2(F)-IN PART

    Affidavit Text SECT 15. SECT 8 (6-YR).

    Live/DeadIndicator

    LIVE

    DistinctivenessLimitationStatement

    As to "UNITED STATES POSTAL SERVICE"

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    Word Mark UNITED STATES POSTAL SERVICE EST. 1775 OFFICIAL LICENSED PRODUCT

    Goods andServices

    IC 016. US 002 005 022 023 029 037 038 050. G & S: Books in the fields ofphilatelics, and world and American history; books containing commemorativestamps and narrative text regarding such stamps; postcards. FIRST USE: 20071200.FIRST USE IN COMMERCE: 20071200

    Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS

    Design SearchCode

    03.15.01 - Eagles03.15.19 - Birds or bats in flight or with outspread wings03.15.24 - Stylized birds and bats20.03.07 - Postage stamps; Postmarks; Stamps, postage

    Serial Number 78922003

    Filing Date July 3, 2006

    Current Basis 1A

    Original FilingBasis

    1B

    Published forOpposition

    April 17, 2007

    RegistrationNumber

    3955885

    Registration Date May 3, 2011

    Owner (REGISTRANT) UNITED STATES POSTAL SERVICE Independent Establishment ofthe Executive Branch of the Government of the United States UNITED STATES 475L'Enfant Plaza, SW Washington D.C. 202601136

    Attorney of Record KAREN E. OWCZARSKI

    Prior Registrations 2963878;2963883;3113972;AND OTHERS

    Disclaimer

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  • NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "EST. 1775" AND"OFFICIAL LICENSED PRODUCT" APART FROM THE MARK AS SHOWN

    Description of Mark Color is not claimed as a feature of the mark. The mark consists of wording "UNITEDSTATES POSTAL SERVICE EST. 1775 OFFICIAL LICENSED PRODUCT" and thedesign of a stylized standing eagle with outstretched wings on a stamp-likebackground.

    Type of Mark TRADEMARK

    Register PRINCIPAL-2(F)-IN PART

    Affidavit Text SECT 15. SECT 8 (6-YR).

    Live/Dead Indicator LIVE

    DistinctivenessLimitationStatement

    as to "UNITED STATES POSTAL SERVICE"

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    Word Mark UNITED STATES POSTAL SERVICE U.S.MAIL

    Goods andServices

    IC 016. US 002 005 022 023 029 037 038 050. G & S: ENVELOPES AND BOXES OFPAPER AND CARDBOARD FOR SHIPPING AND PACKAGING; CARDBOARDMAILING TUBES. FIRST USE: 20090700. FIRST USE IN COMMERCE: 20090700

    IC 035. US 100 101 102. G & S: SORTING, HANDLING, AND RECEIVINGPACKAGES AND LETTERS. FIRST USE: 19710701. FIRST USE IN COMMERCE:19710701

    IC 039. US 100 105. G & S: PICKUP, TRANSPORTATION AND DELIVERY OFPACKAGES AND DOCUMENTS BY VARIOUS MODES OF TRANSPORTATION.FIRST USE: 19710701. FIRST USE IN COMMERCE: 19710701

    Mark DrawingCode

    (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS

    Design SearchCode

    01.03.03 - Stars grouped in circles, ovals, or geometric figures03.15.01 - Eagles03.15.19 - Birds or bats in flight or with outspread wings26.09.08 - Squares comprised of letters, numerals or punctuation and letters,numerals or punctuation forming the perimeter of a square or bordering the perimeterof a square26.09.09 - Squares made of geometric figures, objects, humans, plants or animals26.17.01 - Bands, straight; Bars, straight; Lines, straight; Straight line(s), band(s) orbar(s)26.17.05 - Bands, horizontal; Bars, horizontal; Horizontal line(s), band(s) or bar(s);Lines, horizontal

    Serial Number 85308333

    Filing Date April 29, 2011

    Current Basis 1A

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  • Original FilingBasis

    1A

    Published forOpposition

    July 12, 2011

    RegistrationNumber

    4031772

    Registration Date September 27, 2011

    Owner (REGISTRANT) UNITED STATES POSTAL SERVICE independent establishment ofthe executive branch of the government of the United States of America UNITEDSTATES 475 L'Enfant Plaza, SW Washington D.C. 202601136

    Attorney ofRecord

    SANDRA A. RILEY

    PriorRegistrations

    1150641;2431839;3000536;3113972;AND OTHERS

    Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "MAIL" APART FROMTHE MARK AS SHOWN

    Description ofMark

    Color is not claimed as a feature of the mark. The mark consists of a stylized eaglewith outstretched wings over the stylized wording "U.S. MAIL" with a line above andbelow the wording. The eagle design and wording is surrounded by the stylizedwording "UNITED STATES POSTAL SERVICE" and nine, five-pointed stars.

    Type of Mark TRADEMARK. SERVICE MARK

    Register PRINCIPAL-2(F)-IN PART

    Affidavit Text SECT 15. SECT 8 (6-YR).

    Live/DeadIndicator

    LIVE

    DistinctivenessLimitationStatement

    AS TO "UNITED STATES POSTAL SERVICE" and "U.S. MAIL"

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  • Exhibit 2

    Exhibit 2

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    Word Mark UNITED STATES POST OFFICE EXPRESS

    Goods andServices

    IC 035. US 100 101 102. G & S: MAIL SERVICES, NAMELY, SORTING, HANDLING,AND RECEIVING PACKAGES AND LETTERS; RETAIL STORE SERVICESFEATURING STAMPS, PHILATELIC PRODUCTS, STATIONERY AND OTHERMAILING MATERIALS, NOVELTY ITEMS, AND OTHER RELATED MERCHANDISE.FIRST USE: 19950800. FIRST USE IN COMMERCE: 19950800

    IC 039. US 100 105. G & S: POSTAL SERVICES, NAMELY, RENTAL OFMAILBOXES. FIRST USE: 19950800. FIRST USE IN COMMERCE: 19950800

    Mark DrawingCode

    (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS

    Design SearchCode

    03.15.01 - Eagles26.09.01 - Squares as carriers or squares as single or multiple line borders26.09.21 - Squares that are completely or partially shaded

    Serial Number 75492132

    Filing Date May 19, 1998

    Current Basis 1A

    Original FilingBasis

    1A

    Published forOpposition

    September 7, 1999

    RegistrationNumber

    2295423

    Registration Date November 30, 1999

    Owner

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  • (REGISTRANT) United States Postal Service INDEPENDENT ESTABLISHMENT OFTHE EXECUTIVE BRANCH OF THE GOVERNMENT UNITED STATES 475 L'EnfantPlaza ,SW Washington D.C. 202601136

    Attorney ofRecord

    KAREN E. OWCZARSKI

    PriorRegistrations

    1917921;2132892;2137563;AND OTHERS

    Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "EXPRESS" APARTFROM THE MARK AS SHOWN

    Description ofMark

    The mark consists, in part, of the stylized head of an eagle.

    Type of Mark SERVICE MARK

    Register PRINCIPAL-2(F)-IN PART

    Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20091203.

    Renewal 1ST RENEWAL 20091203

    Live/DeadIndicator

    LIVE

    DistinctivenessLimitationStatement

    as to "UNITED STATES POST OFFICE"

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    Word Mark