IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE TRADEMARK TRIAL AND APPEALS BOARD

In re: 21st Century Digital™

(March 12, 2014)

With a goal of protecting my intellectual property rights in my trademark/brand 21st Century Digital™, on March 11, 2014, I filed a Notice of Opposition to potential registration of Mark 21st Century Digital™ to a third-party applicant before USPTO.

Here are images of the first fourteen (14) paragraphs and the last eight (8) paragraphs of my pleadings before the USPTO Trademark Trial and Appeals Board, In re: 21st Century Digital™.

Also below, a USPTO TTAB image which indicates March 11 2014 commencement of Opposition proceedings, my trademark registration certificates, my published patent application, and, my pleaded trademark:

21st Century Digital

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

In re Trademark Application Serial No. 85/794,073

Mark: 21st Century Digital                        

DANIEL MARK ROSENBLUM,

Plaintiff in Opposition

v.           Opposition Number  _________   

NEIL YOUNG            

USPTO Serial No. 85/794,073 Applicant     

NOTICE OF OPPOSITION

VIA ELECTRONIC FILING
Commissioner for Trademarks
P.O. Box 1451
Alexandria, Virginia 22313-1451


Before the Commissioner:

Daniel M. Rosenblum ("DMR") opposes registration of the mark shown in Application Serial No. 85/794,073 (the "'073 Application"). Grounds, plea follow:

  1. DANIEL M ROSENBLUM ("DMR" and "I" below), an individual and Sole Proprietor, receiving business mails at Post Office Box 3377, Grand Central Station, New York New York, 10163 and email at dmr417@stern.nyu.edu and dmr@21centdig.com, believe that DMR will be damaged by the registration of the mark “21st CENTURY DIGITAL" as set forth in U.S. Trademark Application Serial No. 85/794,073, and hereby opposes the referenced application.

  2. DANIEL M ROSENBLUM ("DMR" and "I" below), an individual and Sole Proprietor, receiving business mails at Post Office Box 3377, Grand Central Station, New York New York, 10163 and email at dmr417@stern.nyu.edu and dmr@21centdig.com, is Sole Proprietor of Daniel M. Rosenblum, TTS Industries ("TTS"), TMTP USA Unlimited ("TMTP"), and 21st Century Digital.

  3. DANIEL M ROSENBLUM ("DMR" and "I" below), an individual and Sole Proprietor, receiving business mails at Post Office Box 3377, Grand Central Station, New York New York, 10163 and email at dmr417@stern.nyu.edu and dmr@21centdig.com, believes that DMR, TTS, TMTP, and 21st Century Digital will be damaged by the registration of the mark “21st CENTURY DIGITAL" as set forth in U.S. Trademark Application Serial No. 85/794,073, and hereby opposes the referenced application on behalf of DMR, TTS Industries, TMTP USA Unlimited, and, 21st Century Digital.

  4. Sole Proprietorship "TTS Industries" ("TTS") was established during 1996 when Certificate of Doing Business under the assumed name "Daniel M Rosenblum, Sponsor for TTS Industries" was filed in the Office of the County Clerk, 60 Centre Street, New York County, New York State, on the 20th day of May, 1996, under index number 2910/96B by Daniel M Rosenblum ("DMR"} .

     

    1. The name TTS Industries has been defined conspicuously, prominently, ubiquitous and continuously on letterhead, in fineprint and writing and marketing via hard copy and internet, incorporating DMR's Mark "21st Century Digital", to stand for "The Twenty First Century Digital Telecommunications Network Serving Private Enterprise Industries"; Therefore my filing in the Office of the County Clerk, New York County, on the 20th day of May, 1996, under index number 6812/96B by Daniel M Rosenblum ("DMR", "I"} certified that as of that date DMR was transacting business under the designation "Daniel M Rosenblum, Sponsor for the 21st Century Digital Telecommunications Network Serving Private Enterprise Industries".

    2. NAME CHANGE TO TTS INDUSTRIES; The name of business "Daniel M Rosenblum, Sponsor for TTS Industries", established by filing of certificate of doing business under index number 2910/96B by Daniel M Rosenblum ("DMR", "I"} in the Office of the County Clerk, 60 Centre Street, New York County, New York State, on the 20th day of May, 1996, was changed to "TTS Industries" ("TTS") , simply by removing the name and phrase "Daniel M Rosenblum, Sponsor for" with a the filing of an Amended Business Certificate, Blumberg Excelsior Form T224 under index number 2910/96B by Daniel M Rosenblum ("DMR", "I"}in the Office of the County Clerk, 60 Centre Street, New York County, New York State, on August 7, 2007.

21st Century Digital Established December 9, 1996

  1. Sole Proprietorship "21st Century Digital" was established during 1996 when the Certificate of Doing Business under the assumed name "Twenty First Century Digital" was filed in the Office of the County Clerk, 60 Centre Street, New York County, New York State, on the 9th day of December, 1996, under index number 6812/96B by Daniel M Rosenblum ("DMR"}, receiving business correspondence at Post Office Box 3377, Grand Central Station, New York New York, 10163-3377.
  1. NAME CHANGE TO 21ST CENTURY DIGITAL; The name of business "Twenty First Century Digital", established by filing of Certificate of Doing Business under index number 6812/96B by Daniel M Rosenblum ("DMR", "I"}in the Office of the County Clerk, 60 Centre Street, New York County, New York State, on the 9th day of December, 1996, was changed to "21st Century Digital" by the filing of an Amended Business Certificate, Blumberg Excelsior Form T224 under index number 6812/96B by Daniel M Rosenblum ("DMR", "I"}in the Office of the County Clerk, 60 Centre Street, New York County, New York State, on August 7, 2007.
  1. Sole Proprietorship "TMTP USA UNLIMITED" was established during 1998 when Certificate of Doing Business under the assumed name "TMTP USA UNLIMITED" was filed in the Office of the County Clerk, 60 Centre Street, New York County, New York State, on the 30th day of October, 1998, under index number 5125/98B by Daniel M Rosenblum ("DMR"}, receiving business correspondence at Post Office Box 3377, Grand Central Station, New York New York, 10163-3377.

    TMTP USA Unlimited is defined on the Business Certificate as "Third Millenium Telecommunications Project". Therefore "TMTP USA Unlimited" established by DMR 10/30/98 is Third Millennium Telecommunications Project USA Unlimited, and is also referred to as "TMTP".

21st Century Digital Group

  1. 21st Century Digital Group is comprised of Daniel M. Rosenblum, TTS Industries ("TTS"), TMTP USA Unlimited ("TMTP"), and 21st Century Digital.

  2. Opposer Daniel M. Rosenblum, United States Citizen, and 21st Century Digital Group have obtained several federal registrations for DMR's Twenty First Century Digital / 21st Century Digital Mark, including:

    1. Registration No. 3,626,967, dated May 26, 2009.  This registration is valid and subsisting, uncancelled, and unrevoked; the Mark has not been abandoned.
    2. Registration No. 4,007,885, dated August 9, 2011. This registration is valid and subsisting, uncancelled, and unrevoked; the Mark has not been abandoned.

    3. Registration No. 4,051,315 dated November 8, 2011. This registration is valid and subsisting, uncancelled, and unrevoked; the Mark has not been abandoned.

  3. The Statutory Registration(s) of the Mark "21st Century Digital"  presently provide for statutory protection of the Mark "21st Century Digital", in  International Class(es): 035 , 36, 38, and 42, - Primary Class U.S Class(es): 100, 101, 102 and 104, in USPTO Registration Numbers  3,626,967,  4,007,885, and  4,051,315.

  4. Mark "Twenty First Century Digital" is  USPTO Registration Number 3,626,967, application Serial Number 77/977,081, filed on  October 13, 2006, and was under examination by the USPTO for 26 months. The Mark was published in the USPTO Official Gazette on December 30, 2008 for Opposition . Mark Twenty First Century Digital Registered on the Principal Register as Registration Number 3,626,967, Registration Date is  May 26, 2009, thirteen (13) years and six (6) days from the date DMR established Sole Proprietorship "Daniel M Rosenblum, Sponsor for the Twenty First Century Digital Telecommunications Network Serving Private Enterprise Industries" for use in commerce in USPTO International Class 42, US Classes 100, 101. This registration is valid and subsisting, uncancelled, and unrevoked. The Mark has not been abandoned.

  5. The Owner(s) of Mark Twenty First Century Digital, USPTO Registration Number  3,626,967    in IC 42, US 100,101, are:  original applicants of 2006: Daniel M Rosenblum, Individual; TTS Industries, Sole Proprietorship; Twenty First Century Digital, Sole Proprietorship; TMTP USA Unlimited, Sole Proprietorship. Correspondence Information for all owners is : Post Office Box 3377, Grand Central Station, New York NY. Email address: dmr417@stern.nyu.edu

  6. Mark "21st Century Digital" is  USPTO Registration Number 4,007,885, application Serial Number 77/072,392 filed on  December 28, 2006. The Mark was under examination by the USPTO for 55 months. The Mark was published for Opposition  in the USPTO Official Gazette on May 24, 2011. Mark "21st Century Digital"  Registered on the Principal Register as Registration Number  4,007,885 , Registration Date is  August 9, 2011, for use in commerce in USPTO International Class 42, US Classes 100, 101,  fourteen years  and nine months from the date DMR established Sole Proprietorship "Twenty First Century Digital", December 9, 1996.  

  7. The Owner(s) of Mark 21st Century Digital, USPTO Registration Number  4,007,885  in IC 35, US 100,101, 102 is Daniel M Rosenblum, United States Citizen. Correspondence Information for owners is : Post Office Box 3377, Grand Central Station, New York NY10163. Email address: dmr@21centdig.com.

  8. Mark "21st  Century Digital" is  USPTO Registration Number 4,051,315, application Serial Number 77/98,1623, filed December 28, 2006. The Mark was under examination by the USPTO for 55 months. The Mark was published for Opposition  in the USPTO Official Gazette on May 17, 2011. Mark "21st Century Digital"  registered on the Principal Register as Registration Number  4,051,315 on  November 8, 2011, for use in commerce in USPTO International Class 36 and 38, US Classes 100, 101, 102, and 104,  fourteen years  and eleven  months from the date DMR established Sole Proprietorship "Twenty First Century Digital"  on December 9, 1996.  

  9. The Owner(s) of Mark 21st Century Digital, USPTO Registration Number  4,007,885  "21st Century Digital ",  in IC 36, IC 38, US 100,101, 102 and 104 as per the USPTO Registration File  is original applicant of 2006: Daniel M Rosenblum, United States Citizen. Correspondence Information for owners is : Post Office Box 3377, Grand Central Station, New York NY10163. Email address: dmr@21centdig.com.

    ...and the last eight (8) paragraphs of my March 11 2014 pleadings before the United States Patent and Trademark Office Before the Trademark Trial and Appeals Board in re:21st Century Digital™...... :

     

    1. Since the mark and goods as described in the application are closely related to the Opposer's 21st Century Digital mark and goods/services, confusion and deception as to the origin of the Applicant's goods bearing the mark would occur, all to the damage and detriment of the Opposer. Such use would cause confusion in the trade resulting in damage and injury to the Opposer.

    2. The Applicant's use or registration of the mark “21st Century Digital” in connection with its designated goods is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of the Applicant with the Opposer, or as to the origin, sponsorship or approval of the Applicant's goods by the Opposer.

    3. Applicant’s use of the “21st Century Digital” mark is likely to cause, and will cause, dilution by blurring or dilution by tarnishment, of Daniel M Rosenblum’s famous “21st Century Digital” marks under Section 43(c) of the Lanham Act of 1946, as amended, 15 U.S.C. §1125(c).

    4. Plaintiff DMR expended and continues to expend substantial resources, time, and effort in advertising, promoting and popularizing the 21st Century Digital mark in the United States and abroad.

    5. As a result of Daniel Rosenblum's use of advertising and promotion of his 21st Century Digital marks, products and services, Daniel Mark Rosenblum's 21st Century Digital mark has become well known in the United States and is recognized as identifying Daniel Rosenblum's products and services. The 21st Century Digital mark and the associated goodwill are valuable assets of Daniel Mark Rosenblum.

    6. Please note that of paramount import to 21st Century Digital Group moving into the next decade is the reputation of the 21st Century Digital Mark as it relates to any implied or expressed warranties associated with the processing of digital data whether it be data representing trademarked materials, or copyrighted materials, or financial data, and the terms and duration of any such implied or expressed warranties relating to property rights in such trademarked, copyrighted, or financial data- whether such property rights and warranties or guaranties accrue to either buyer, seller, provider, or otherwise of such data, hardware, software, operating system, or network administrator associated with the 21st Century Digital flagship trademark and brand. Presently, third party applicant and writer of USPTO application 85794073 does not have permission from owner 21st Century Digital Group to utilize trademark 21st Century Digital in association with any warranty or guaranty or transfer or maintainance of property rights associated with any processing of any trademarked, copyrighted, or financial data or in association with hardware, operating system, or network administrator or affiliate associated with commercial use of such digital data or otherwise.

    7. If the '073 Applicant were granted the registration herein opposed, it would obtain at least a prima facie exclusive right to use of the 21st Century Digital Mark in connection with the designated goods. Such registration would be a source of injury and damage to the Daniel Mark Rosenblum.

    8. The goods and services described in Applicant's '073 21st Century Digital application are identical to or so closely related to Daniel Mark Rosenblum's 21st Century Digital goods and services that confusion is likely to result if the '073 Applicant's products and services are marketed and sold under the 21st Century Digital mark.

    9. The purchasing public is likely to be confused and deceived into believing that Applicant's goods originate with Opposer, or are otherwise authorized by, sponsored by, licensed by, affiliated with, or associated with Daniel Mark Rosenblum.

    By reason of the foregoing, Daniel Mark Rosenblum would be greatly damaged by the registration of the '073 21st Century Digiatl mark to Applicant.

    WHEREFORE, the Plaintiff, Daniel Mark Rosenblum, prays that Application Serial No. 85/794,073 for the mark "21st Century Digital" be rejected, denied and and the mark refused registration.

    By reason of the foregoing, Plaintiff will be damaged by the registration of Applicants' Mark to Applicants.

    WHEREFORE, Plaintiff respectfully requests that this Notice of Opposition be sustained and the registration of Applicants' Mark to Applicants be refused.

    Correspondence Address:

    Please address all correspondence to:

    Daniel M Rosenblum

    Post Office Box 3377

    Grand Central Station

    New York NY 10163

    Emails: dmr@21centdig.com and dmr417@stern.nyu.edu

    Phone: 917-741-5319

     

    Respectfully submitted,

    Very Truly Yours,

    By____________________

    Daniel M. Rosenblum

    DATED March 10, 2014

     

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