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ESTTA Tracking number: ESTTA306410
Filing date: 09/16/2009
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
Petitioner Information
Name Santa Cruz Tobacco Co., Inc.
Entity Corporation Citizenship Florida
Address 3261 NW 82nd Avenue
Doral, FL 33122
UNITED STATES
Description of NONE
Mark
Goods/Services Class 034. First use: First Use: 1997/07/28 First Use In Commerce: 1997/07/28
cigars made from cuban seed tobacco
Certificate of Service
The undersigned hereby certifies that a copy of this paper has been served upon all parties, at their address
record by First Class Mail on this date.
v. Cancellation No.
________________________________________)
Santa Cruz Tobacco Co., Inc. (Petitioner) a corporation of Florida, having its principal place of
business at 3261 N.W. 82 Avenue, Miami, Florida 33122, believes that it is, and will be, damaged by
the above- identified registration of the mark and hereby petitions to cancel the same.
1. Registrant filed its application for the mark GRAN PURO on May 9, 2003.
Registrant alleged first use in commerce as early as July 6, 2003.
3. Petitioner has superior rights to the mark based on its prior continuous use in
commerce of the mark GRAN HABANO for “cigars.”
4. Petitioner, has been using the mark GRAN HABANO since, at least as early as July
28, 1997, and in commerce since at least as early as July 28, 1997 to this date.
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5. Registrant's above-identified mark so resembles Petitioner's mark as to be likely,
when used in connection with Registrant's goods cited in its registration, to cause
confusion, or to cause mistake, or to deceive, as to the source or sponsorship of the
goods in question.
8. Registrant has not used the mark GRAN PURO or GRAN HABANO in
Florida.
9. Upon and information and belief, Registrant has abandoned the mark set
forth in Reg. No. 3,066,902.
10. For the aforesaid reasons, Petitioner is being damaged by the registration of
the mark identified above.
11. Upon information and belief on or about May 9, 2003, Registrant filed a
declaration under 37 C.F.R. § 2.76, and 15 U.S.C., Section 1051 stating that
“he/she believes applicant to be entitled to such mark in commerce; to the
best of his/her knowledge and belief no other person, firm, corporation, or
association has the right to use the mark in commerce, either in the identical
form thereof or in such near resemblance thereto as to be likely, when used
on or in connection with the goods/services of such other person, to cause
confusion, or to cause mistake, or to deceive; and that all statements made of
his/her own knowledge are true; and that all statements made on
information and belief are believed to be true.”
12. Registrant had prior knowledge that another corporation to wit, Santa Cruz Tobacco
Co., Inc.., had the right to use the mark in commerce with the identical
goods/services.
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are intentional, willful, and additionally, Registrant’s registration was fraudulently
procured.
14. For the aforesaid reasons, Petitioner is being damaged by the registration of the mark
identified above.
_________________________
Jesus Sanchelima, Esq.
Sanchelima & Associates, P.A.
235 S.W. Le Jeune Rd.,
Miami, FL 33134-1762
Telephone: (305) 447-1617
Facsimile: (305) 445-8484