IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
IN THE MATTER OF: TRADEMARK REGISTRATION NO. 4053742
FOR THE MARK: TEPOZ
DATE REGISTERED: NOVEMBER 8, 2011
BLUE AGAVE IMPORTS LLC
VS.
KENT GLOBAL MANAGEMENT LLC
PETITION TO CANCEL
Blue Agave Imports LLC as PETIONER; California;
1439 ½ S Robertson Blvd, Los Angeles, California 90035
To the best of petitioner’s knowledge, the name and address of the current owner of the registration are
Kent Global Management LLC, 21 Muller Road, Kent, Connecticut 06757.
The above-identified petitioner believes that it will be damaged by the above-identified registration, andhereby petitions to cancel the same.
The grounds for cancellation are as follows:
1. The registration was obtained fraudulently, with intent to deceive by reckless disregard for the truth,
solely to reserve rights to the mark as evidenced by the following:
a.) On 13 September 2011, Kent Global Management LLC filed a Use Amendment and provided as aspecimen a label placed upon a bottle. This specimen was provided to allege first use in commercedespite the fact that the specimen had not yet received its Certificate of Label Approval from theU.S. Department of Treasury Alcohol and Tobacco Tax Trade Bureau (see exhibit A – a search of theAlcohol and Tobacco Tax Trade Bureau Public COLA registry for product names bearing the wordand/or lettering “Tepoz”). Under the Federal Alcohol Administration Act and Title 27, United StatesCode §205(e) and Title 27, Code of Federal Regulations Part – 5 Subpart D §5.31 and Part –Subpart F §5.51 distilled spirits cannot and shall not be released from Customs custody and cannot andshall not be sold or shipped or delivered or otherwise introduced in interstate or foreign commerce orreceived therein, unless there is deposited with the appropriate Customs officer at the port of entry theoriginal or a photo static copy of an approved certificate of label approval and the bottles are marked,branded, labeled, or packaged in conformity with §§5.31 through 5.42. Kent Global Management LLCdid not receive a Certificate of Label Approval until February 17, 2012 (see exhibit A). As such, KentGlobal Management LLC could not release its product (tequila) from Customs custody, or sell saidproduct, or use the mark “Tepoz” in commerce that could be lawfully regulated by Congress.
b.) Being that Kent Global Management LLC had not received a Certificate of Label Approval at time of filing a Use Amendment (September 13, 2011) and did not have said certification until February 17, 2012, Kent Global Management could not use the mark “Tepoz” in commerce and could not and did not have a product to sell at the time of filing. Thus, Kent Global Management LLC filed a Use Amendment with the knowledge that it had no product to sell and could not lawfully use the mark “Tepoz” in commerce, thereby falsifying a specimen and providing willful, false statements. As such, Kent Global Management LLC obtained registration for the mark “Tepoz fraudulently, solely to reserve and retain rights to said mark.
In light of the evidence against Kent Global Management LLC, the petitioner questions the validity of the registration for the mark “Tepoz” (registration no. 4053742) and petitions for cancellation of the same.
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