Quantum Corporationv.Quantum Leaps, LLC

Trademark Trial and Appeal Board

Sep 30, 2009

No. 91185546 (T.T.A.B. Sep. 30, 2009)

Mailed:
Sept. 30, 2009

UNITED STATES PATENT AND TRADEMARK OFFICE
_____

Trademark Trial and Appeal Board
______

Quantum Corporation
v.
Quantum Leaps, LLC
_____

Opposition No. 91185546
to application Serial No. 78698973
filed on August 24, 2005
_____

Mark H. Tidman of Baker & Hostetler LLP for Quantum
Corporation.

Ian D. Chowdhury for Quantum Leaps, LLC.
______

Before Grendel, Rogers and Bergsman, Administrative
Trademark Judges.

Opinion by Grendel, Administrative Trademark Judge:

Quantum Leaps, LLC (applicant) seeks registration on
the Principal Register of the mark depicted below

THIS OPINION IS NOT A
PRECEDENT OF THE TTAB
Opposition No. 91185546
2
for goods identified in the application as “computer
software development tools for the development of embedded
systems software,” in Class 9.1
On July 31, 2008, Quantum Corporation (opposer) filed a
notice of opposition to registration of applicant’s mark.
In the notice of opposition, opposer alleged that it is the
owner of several registrations of the mark QUANTUM for a
variety of computer-related goods and services. The grounds
of opposition alleged in the notice of opposition are (1)
priority and likelihood of confusion under Trademark Act
Section 2(d), 15 U.S.C. §1052(d); (2) deceptiveness under
Trademark Act Section 2(a), 15 U.S.C. §1052(a); and false
suggestion of a connection under Trademark Act Section 2(a),
15 U.S.C. §1052(a). Opposer did not make any of its pleaded
registrations of record with the notice of opposition. See
Trademark Rule 2.122(d)(1).

1 Serial No. 78698973, filed on August 24, 2005. The application
is based on use in commerce under Trademark Act Section 1(a), 15
U.S.C. §1051(a). September 30, 2004 is alleged in the
application as the date of first use of the mark anywhere, and
November 6, 2004 is alleged in the application as the date of
first use of the mark in commerce. The application includes the
following “description of the mark” statement: The mark consists
of The color blue appears in the word "QUANTUM", in the
background of the design except for the background on the right-
hand side of the design behind the "L" and in the line beneath
the words "QUANTUM LEAPS"; the color red appears in the word
"LEAPS" and in the background of the right-hand side of the
design behind the "L"; and the color white appears in the lining
in the design, and in the letters "Q" and "L". The application
also includes a statement that “The color(s) blue, red and white
is/are claimed as a feature of the mark.
Opposition No. 91185546
3
On August 21, 2008, applicant filed a timely answer by
which it denied the salient allegations of the notice of
opposition.
On July 31, 2008, the Board issued an institution order
in this case which, inter alia, set opposer’s thirty-day
testimony period to close on July 6, 2009. Trademark Rule
2.121(b)(1), 37 C.F.R. §2.121(b)(1).
Opposer failed to submit any evidence during its
testimony period. Applicant filed a brief; opposer did not.
In view of opposer’s failure to submit any evidence as
to its standing or its grounds of opposition, we dismiss the
opposition with prejudice.

Decision: The opposition is dismissed with prejudice.