Case 2:20-cv-07611 Document 1 Filed 08/21/20 Page 1 of 15 Page ID #:1

1 Christopher Arledge (Bar No. 200767)

carledge@onellp.com
2 ONE LLP
4000 MacArthur Blvd.
3 East Tower, Suite 500
Newport Beach, CA 92660
4 Telephone: (949) 502-2870
Facsimile: (949) 258-5081
5
Joanna Ardalan (Bar No. 285384)
6 jardalan@onellp.com
ONE LLP
7 9301 Wilshire Blvd.
Penthouse Suite
8 Beverly Hills, CA 90210
Telephone: (310) 866-5157
9 Facsimile: (310) 943-2085
10 Attorneys for Plaintiff,
KIRACO, LLC
11
12 UNITED STATES DISTRICT COURT
13 CENTRAL DISTRICT OF CALIFORNIA
14 KIRACO, LLC, a California limited Case No. 2:20-cv-07611
15 liability company,
COMPLAINT FOR:
16 Plaintiff, (1) TRADEMARK
17 INFRINGEMENT
v. (2) TRADEMARK
18 COUNTERFEITING
19 ANOIR CHARRAK, an individual (3) FALSE DESIGNATION OF
doing business as OUKA; and DOES ORIGIN
20 1-10, inclusive, (4) UNFAIR COMPETITION (CAL.
21 BUS. & PROF. CODE § 17200 ET
Defendants. SEQ.)
22 (5) COMMON LAW UNFAIR
23 COMPETITION
(6) PATENT INFRINGEMENT
24
25 DEMAND FOR JURY TRIAL
26
27
28

COMPLAINT
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1 Plaintiff , Kiraco LLC, by and through its attorneys of record, complains

2 against Defendants Anoir Charrak doing business as Ouka and/or Ouka71
3 (collectively “Ouka”), and DOES 1 through 10 (“Does”) (collectively
4 “Defendants”), alleging as follows:
5 JURISDICTION AND VENUE
6 1. This is a civil action against Defendants for trademark infringement,
7 trademark counterfeiting, false designation of origin and unfair competition under
8 the Lanham Act, 15 U.S.C. §§ 1051 et seq., unfair competition under California
9 law, Cal. Bus. & Prof. § 17200 et seq., unfair competition under common law,
10 and patent infringement under 35 U.S.C. § 271.
11 2. This court has subject matter jurisdiction under the Lanham Act, 15
12 U.S.C. §§ 1051 et seq., the Patent Act, 35 U.S.C. §§ 101 et seq., 28 U.S.C. §
13 1331, 28 U.S.C. § 1332, 28 U.S.C. § 1338(a)-(b), and supplemental jurisdiction
14 over the remaining claims pursuant to 28 U.S.C. § 1367.
15 3. Venue is proper in this district under 28 U.S.C. § 1391(b)-(c) and 28
16 U.S.C. § 1400(a), in that the claims arise in this Judicial District and the injury
17 suffered by Plaintiff took place in this Judicial District. Defendants are subject to
18 the general and specific personal jurisdiction of this Court because of their
19 contacts with the State of California. Among other things, Defendants have
20 engaged in direct trademark and patent infringement, or have otherwise induced
21 trademark and patent infringement in this judicial district. On information and
22 belief, Defendants have sold the infringing products to customers in Los Angeles,
23 California.
24 PARTIES
25 4. Plaintiff Kiraco, LLC (“Kiraco”) is a corporation incorporated and
26 existing under the laws of California, with its principal place of business in
27 Northridge, California.
28
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COMPLAINT
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1 5. On information and belief, Defendant Anoir Charrak is an individual

2 residing in Houston, Texas, and is doing business as Ouka or Ouka 71.
3 6. DOES 1 through 10, inclusive, are unknown to Plaintiff, who
4 therefore sues said Defendants by such fictitious names. Plaintiff will ask leave
5 of Court to amend this Complaint and insert the true names and capacities of said
6 Defendants when the same have been ascertained. Plaintiff is informed and
7 believes and, upon such, alleges that each of the Defendants designated here as a
8 “DOE” is legally responsible in some manner for the events and happenings
9 herein alleged and that Plaintiff’s damages as alleged herein were proximately
10 caused by such Defendants.
11 FACTS COMMON TO ALL COUNTS
12 7. Kiraco designed and manufactured the AppleOnTop hookah bowl, a
13 fresh take on the traditional hookah bowl. With its unique, ornamental shape and
14 distinctive leaf-handle, AppleOnTop is instantly recognizable on the market. The
15 AppleOnTop bowl is known for its unbreakable design that creates unparalleled
16 hookah experience. The AppleOnTop bowl comes in a number of colors and is
17 sold for $39.99 retail.
18 8. Kiraco has spent substantial time, money, and effort in developing
19 consumer recognition, its goodwill, and awareness of its trademarks. Through the
20 extensive use of its marks, Kiraco has built and developed significant goodwill in
21 its products. Kiraco’s marks include ‘APPLEONTOP’ (Standard Character
22 Mark) for Hookah parts, namely, bowls, registration number 5,345,896 (the ’896
23 Mark). A true and correct copy of the ’896 Mark is attached hereto as Exhibit A.
24 9. Kiraco also owns a design patent on the ornamental design of the
25 APPLEONTOP bowl, D726,366 (the “’366 Patent”). On April 7, 2015, the
26 United States Patent and Trademark Office issued the ’366 Patent to the inventor.
27 Plaintiff is the record owner by assignment of the ’366 Patent with full and
28
3
COMPLAINT
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1 exclusive right to bring suit to enforce this patent. A true and correct copy of the
2 ’366 Patent is attached hereto as Exhibit B.
3 10. Kiraco’s instantly recognizable products and Marks makes Kiraco
4 the target of counterfeiters. These unscrupulous entities tarnish Kiraco’s brand by
5 unlawfully affixing Kiraco’s marks to unauthentic, and potentially harmful
6 products, leading them to illegitimate profits. Consumers are misled when they
7 purchase these inferior products while under the belief the products are authentic
8 Kiraco products.
9 DEFENDANTS’ UNLAWFUL ACTIVITIES
10 11. Beginning on a date that is currently unknown to Plaintiff and on
11 information and belief, continuing to the present, Defendants have, without the
12 consent of Plaintiff, offered to sell and sold within the United States, goods that
13 were neither made by nor authorized by Kiraco using reproductions, counterfeits,
14 copies and imitations of the Kiraco Marks and products.
15 12. Thus, Kiraco is informed and believes, and upon such, alleges that in
16 order to receive higher profit margins, Defendants have held themselves out—
17 through the counterfeit and nearly identical products they carry— to be
18 sponsored by, affiliated with, and otherwise connected with Kiraco through use
19 of Kiraco’s ’896 Mark. Specifically, Defendants have advertised, sold,
20 distributed, displayed, and have offered for sale illegitimate hookah bowls with
21 the Kiraco Registered APPLEONTOP trademark to hookah products without
22 consent, license, or approval. Attached as Exhibit C is at true and correct copy
23 (with some additional markings) of the invoice which includes the sales listing
24 and demonstrates that Defendants used the APPLEONTOP ’896 Mark in
25 connection with the sale of a hookah bowl.
26 13. Kiraco, through a third party, ordered one product listed as “Apple
27 On Top BLACK Hookah Shisha Bowl for Hookahs Head” through the eBay shop
28 Ouka. Upon receipt, the items were inspected and was confirmed to be
4
COMPLAINT
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1 illegitimate. The counterfeit appears almost identical to the authentic

2 APPLEONTOP Bowl.
3 14. Defendants’ actions have already confused and deceived, and
4 threaten to further confuse and deceive, the consuming public concerning the
5 source and sponsorship of the unauthorized and counterfeit Kiraco-branded
6 products sold and distributed by Defendants. By its wrongful conduct,
7 Defendants have traded upon and diminished the goodwill of the APPLEONTOP
8 trademark. Further, the sale and distribution of counterfeit goods by Defendants
9 have infringed upon the above-identified APPLEONTOP trademark.
10 15. Defendants, by offering to sell, selling, importing, and encouraging
11 others to import counterfeit goods in this manner, are causing and are likely to
12 cause further confusion or mistake or deceive consumers who purchase the
13 unauthorized and counterfeit goods.
14 16. Defendants also offered to sell, sold, import, and/or encouraged
15 others to import for purpose of resale within the United States counterfeit goods
16 consisting of reproductions and/or copies of the products baring the Kiraco
17 APPLEONTOP trademark. Defendants’ use of the Kiraco APPLEONTOP
18 trademark was done without Kiraco’s authorization.
19 FIRST CAUSE OF ACTION
20 (Trademark Infringement, 15 U.S.C. § 1114)
21 17. Plaintiff incorporates here by reference the allegations set forth in
22 paragraphs 1 through 16 above.
23 18. Kiraco is the legal owner of the federally registered APPLEONTOP
24 as set forth in detail in the foregoing paragraphs.
25 19. The APPLEONTOP mark is a valid, protectable and distinctive
26 trademark that Kiraco continuously uses to promote its goods since the date of
27 first use as designated in the USPTO records.
28
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COMPLAINT
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1 20. Defendants have used "Apple On Top,” which is confusingly similar

2 to the APPLEONTOP in violation of 15 U.S.C. § 1114. Indeed, Defendants’ use
3 of confusingly similar imitations of the Registered Marks is likely to cause
4 confusion, deception, and mistake by creating the false and misleading
5 impression that Defendants’ products are manufactured, produced, distributed,
6 endorsed, sponsored, approved, or connected with Kiraco. Plaintiff is informed
7 and believes and thereon alleges that Defendants utilized the APPLEONTOP
8 mark in order to create consumer confusion and has in fact created consumer
9 confusion including but not limited to initial interest confusion and confusion as
10 to affiliation or association between Kiraco on one hand and Defendants on
11 another.
12 21. At no time did Defendants have the authorization, legal right, or
13 consent to engage in such activities in disregard of Kiraco’s rights in the
14 APPLEONTOP mark.
15 22. Defendants’ actions complained of herein were intentional, willful,
16 and malicious with a deliberate intent to trade on the goodwill associated with the
17 APPLEONTOP mark.
18 23. Plaintiff is informed and believes and thereon alleges that as a
19 proximate result of the unfair advantage accruing to Defendants’ business from
20 deceptively trading on Kiraco’s advertising, sales, and consumer recognition,
21 Defendants have made substantial sales and profits in amounts to be established
22 according to proof.
23 24. As a proximate result of the unfair advantage accruing to
24 Defendants’ businesses from deceptively trading on Kiraco’s advertising, sales,
25 and consumer recognition, Kiraco has been damaged and deprived of substantial
26 sales and has been deprived of the value of its trademark as a commercial asset,
27 in amounts to be established according to proof.
28
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COMPLAINT
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1 25. Plaintiff is informed and believes, and thereon alleges that, unless
2 restrained by the Court, Defendants will continue to infringe Kiraco’s
3 APPLEONTOP mark, thus engendering a multiplicity of judicial proceedings,
4 and that pecuniary compensation will not afford Plaintiff adequate relief for the
5 damage to its trademark in the public perception. Further, Plaintiff is informed
6 and believes and thereon alleges that in the absence of injunctive relief,
7 customers are likely to continue to be mistaken or deceived as to the true source,
8 origin sponsorship, and affiliation of Defendants and their goods.
9 26. Plaintiff is informed and believes and thereon alleges that
10 Defendants’ acts were committed, and continue to be committed, with actual
11 notice of Kiraco’s exclusive rights and with an intent to cause confusion, to cause
12 mistake, and/or to deceive, and cause injury to the reputation and goodwill
13 associated with Kiraco and Kiraco’s products. At a minimum, Plaintiff is entitled
14 to injunctive relief and to recover Defendants’ profits, whichever is greater,
15 together with Plaintiff’s attorneys’ fees pursuant to 15 U.S.C. § 1117. In addition,
16 pursuant to 15 U.S.C. § 1118, Plaintiff is entitled to an order requiring
17 destruction of all infringing materials in Defendant’s possession.
18 SECOND CAUSE OF ACTION
19 (Trademark Counterfeiting, 15 U.S.C. § 1116)
20 27. Plaintiff incorporates here by reference the allegations in paragraphs
21 1 through 26 above.
22 28. Counterfeiting has been recognized as a serious issue resulting in
23 tremendous losses to American businesses. To combat counterfeits, Congressed
24 pass the “Anti-counterfeiting Consumer Protection Act of 1966” (ACPA).
25 29. California has a similar statute in Business and Profession Code §
26 14250.
27 30. Defendants’ actions also constitute use of one or more “counterfeit
28 marks” as defined in 15 U.S.C. § 1116(d)(1)(B).
7
COMPLAINT
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1 31. Defendants’ unauthorized use of the APPLEONTOP in connection

2 with the sale and offer for sale of the counterfeit has caused and is causing
3 consumer confusion about the source and sponsorship of these counterfeit goods.
4 32. Defendants’ sale of these counterfeit products has caused
5 considerable damage to the goodwill of Kiraco and diminished the brand
6 recognition of the APPLEONTOP mark.
7 33. The sales of these counterfeit products by Defendants have further
8 resulted in lost profits to Kiraco and have resulted in a windfall for Defendants.
9 34. Plaintiff reserves the right to elect, at any time before final judgment
10 is entered in this case, an award of statutory damages pursuant to 15 U.S.C. §
11 1117(c)(1) and/or (2).
12 35. Because of the willful nature of the counterfeiting, Plaintiff is
13 entitled to an award of statutory damages of up to $2,000,000 per mark infringed
14 under 15 U.S.C. §§ 1117(c)(2).
15 36. In the alternative, and at a minimum, Plaintiff is entitled to
16 injunctive relief and to recover Defendants’ profits, actual damages, enhanced
17 profits, and treble damages, cost, and reasonable attorneys’ fees under 15 U.S.C.
18 §§ 1117(b).
19 37. The acts of direct and/or contributory counterfeiting committed by
20 the Defendants have caused and will continue to cause, Plaintiff irreparable harm
21 unless enjoined by this Court.
22 THIRD CAUSE OF ACTION
23 (False Designation of Origin/Unfair Competition, 15 U.S.C. § 1125(a))
24 38. Plaintiff incorporates here by reference the allegations set forth in
25 paragraphs 1 through 37 above.
26 39. Kiraco is informed and believes and thereon alleges that the
27 APPLEONTOP mark has become associated in the minds of consumers with
28 Kiraco and its respective goods.
8
COMPLAINT
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1 40. Defendants have caused to enter into interstate commerce hookahs

2 that Defendants marketed through use of marks that are likely to cause confusion
3 to the APPLEONTOP mark.
4 41. The marketing and sale of Defendants’ hookahs bowls constitutes
5 false designation of origin, which is likely to cause confusion and mistake and to
6 deceive consumers as to the source or origin of such goods or sponsorship or
7 approval of such goods by Kiraco.
8 42. Kiraco is informed and believes and thereon alleges that as a
9 proximate result of Defendants’ false designation of origin, Defendants stand to
10 make substantial sales and profits in amounts to be established according to
11 proof.
12 43. Kiraco is informed and believes and thereon alleges that unless
13 restrained by this Court, Defendants will continue to designate falsely the origin
14 of their goods, causing irreparable damage to Plaintiff and engendering a
15 multiplicity of lawsuits. Pecuniary compensation will not afford Kiraco adequate
16 relief for its resulting damages. Further, Plaintiff is informed and believes and
17 thereon alleges that in the absence of injunctive relief, customers are likely to
18 continue being mistaken or deceived as to the true source, origin, sponsorship,
19 and affiliation of Defendants’ goods and services.
20 44. Kiraco is informed and believes and thereon alleges that Defendants’
21 acts were committed, and continue to be committed, with actual notice of
22 Kiraco’s Marks and with an intent to cause confusion, to cause mistake, and to
23 deceive, and to cause injury to the reputation and goodwill associated with
24 Kiraco and Kiraco’s genuine products.
25 FOURTH CAUSE OF ACTION
26 (Unfair Competition California Business & Professions Code § 17200 et seq.)
27 45. Plaintiff incorporates here by reference to the allegations as set forth
28 in paragraphs 1 through 44 above.
9
COMPLAINT
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1 46. Defendants’ conduct as alleged herein constitutes unfair and

2 deceptive acts or practices in the course of a business, trade, or in commerce, in
3 violation of Cal. Bus. & Prof. Code §§ 17200 and 17500, et seq.
4 47. Plaintiff is informed and believes and thereon alleges that as a direct
5 and proximate result of Defendants’ wrongful conduct as described above,
6 Defendants have gained property and revenues properly belonging to Kiraco.
7 Kiraco therefore seeks restitution of these amounts. Kiraco also seeks injunctive
8 relief restraining Defendants, their officers, agents, and employees, and all
9 persons acting in concert with them, from further engaging in acts of unfair
10 competition and/or fraudulent business acts against Kiraco and its intellectual
11 property.
12 FIFTH CAUSE OF ACTION
13 (Common Law Unfair Competition)
14 48. Plaintiff incorporates here by reference the allegations as set forth in
15 paragraphs 1 through 47 above.
16 49. Upon information and belief, Defendants will continue to infringe
17 the Kiraco APPLEONTOP mark.
18 50. By the acts and activities of Defendants complained of herein,
19 Defendants have been unjustly enriched.
20 51. As a direct and proximate result of the acts and activities of
21 Defendants complained of herein, Kiraco has been damaged in an amount not yet
22 ascertainable. When Kiraco has ascertained the full amount of damages, it will
23 seek leave of court to amend this Complaint accordingly.
24 52. Plaintiff in informed and believes, and based thereon alleges, that
25 Defendants, in doing the things herein alleged, acted willfully, maliciously, and
26 oppressively, with full knowledge of the adverse effect of their actions on Kiraco,
27 and with willful and deliberate disregard for the consequences to Kiraco.
28
10
COMPLAINT
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1 SIXTH CAUSE OF ACTION

2 (Patent Infringement)
3 53. Plaintiff incorporates here by reference the allegations as set forth in
4 paragraphs 1 through 52 above.
5 54. Plaintiff is the owner of all right, title, and interest to the ’366
6 Patent. The ’366 Patent was duly and lawfully issued and is presently valid and in
7 full effect.
8 55. Upon information and belief, Defendants have been and are
9 infringing the ’366 Patent within this district and elsewhere in the United States
10 by making, using, selling, distributing and/or offering for sale the infringing
11 products within the United States, and/or importing the infringing products into
12 the United States.
13 56. Upon information and belief, by acts of patent infringement herein
14 complained of, the Defendants have made substantial products to which they are
15 not equitably entitled.
16 57. Upon information and belief, Defendants continue to infringe
17 Plaintiff’s ’366 Patent, and will continue to infringe Plaintiff’s ’366 Patent to
18 Plaintiff’s irreparable harm, unless enjoined by this Court.
19 58. The infringement of the ’366 Patent by Defendants was willful in
20 that Defendants infringed intentionally and knowingly in addition to their acts of
21 counterfeiting, entitling Plaintiff to enhanced damages.
22 PRAYER FOR RELIEF
23 WHEREFORE, Plaintiff Kiraco, LLC, respectfully requests the following
24 relief against Defendant as follows:
25 1. With regard to Kiraco’s claim for counterfeiting:
26 a. Defendants’ profits and statutory damages of $2,000,000 per
27 defendant under ACPA;
28 b. Defendants profits, these profits being trebled;
11
COMPLAINT
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1 c. Attorneys’ fees;
2 d. Costs of suit;
3 e. Joint and several liability for landlords, officers, and directors
4 for the knowing participation in the counterfeiting activities of
5 the respective Defendants;
6 f. The impoundment and destruction of all counterfeit products,
7 as well as the destruction of all tools, machines or other
8 instrumentalities that were used to manufacture and display
9 the counterfeit products;
10 2. With regard to Kiraco’s claim against Defendants for trademark
11 infringement and false designation of origin:
12 a. Defendants’ profits pursuant to the Lanham Act;
13 b. Damages sustained by the Plaintiff for trademark
14 infringement;
15 c. Trebling for a willful violation;
16 d. Attorneys’ fees;
17 e. Costs of suit;
18 3. For restitution in an amount to be proven at trial for unfair,
19 fraudulent, and illegal business practices under California Business & Professions
20 Code § 17200;
21 4. With regard to Kiraco’s claim against Defendants for patent
22 infringement:
23 a. Damages to compensate Kiraco for the infringement of its design
24 patent;
25 b. Trebling for a willful violation;
26 c. Attorneys’ fees;
27 d. Costs of suit;
28
12
COMPLAINT
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1 5. Preliminarily and permanently enjoining Defendants and their

2 agents, employees, officers, directors, owners, representatives, successor
3 companies, related companies, and all persons acting in concert or participation
4 with them and each of them from:
5 The import, export, making, manufacture, reproduction, assembly,
6 use, acquisition, purchase, offer, sale, transfer, brokerage,
7 consignment, distribution, storage, shipment, licensing,
8 development, display, delivery, marketing, advertising or promotion
9 of the unauthorized and counterfeit Kiraco products as identified in
10 the complaint and any other unauthorized Kiraco product or colorful
11 imitation thereof;
12 6. Pursuant to 15 U.S.C. § 1116(a), directing Defendants to file with
13 the court and serve on Kiraco within thirty (30) days after issuance of an
14 injunction, a report in writing and under oath setting forth in detail the manner
15 and form in which Defendants have complied with the injunction;
16 7. For an order from the Court requiring that Defendants provide
17 complete accountings and for equitable relief including that Defendants disgorge
18 and return or pay their ill-gotten gains obtained from the illegal transactions
19 entered into and pay restitution, including the amount of monies that should have
20 been paid if Defendants have complied with their legal obligations, or as equity
21 requires;
22 8. Pursuant to 15 U.S.C. § 1118, requiring that Defendants and all
23 others acting under Defendants’ authority, at their cost, be required to deliver to
24 Plaintiff for destruction of all products, accessories, labels, signs, prints,
25 packages, wrappers, receptacles, advertisements, and other material in their
26 possession, custody or control baring any of the Kiraco trademarks.
27 9. For damages in an amount to be proven at trial for unjust enrichment;
28
13
COMPLAINT
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1 10. For an award of exemplary and punitive damages in amount to be

2 determined by the Court;
3 11. For Plaintiff’s reasonable attorneys’ fees;
4 12. For all costs of suit;
5 13. For such other and further relief as the Court may deem just and
6 equitable.
7
8 Dated: August 21, 2020 ONE LLP
9
10 By: /s/ Joanna Ardalan
11 Joanna Ardalan

12 Attorneys for Plaintiff,

13 KIRACO, LLC

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COMPLAINT
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1 DEMAND FOR JURY TRIAL

2 Plaintiff Kiraco LLC hereby demands trial by jury of all issues so triable
3 under the law.
4
5 Dated: August 21, 2020 ONE LLP
6
7 By: /s/ Joanna Ardalan
8 Joanna Ardalan

9 Attorneys for Plaintiff,

10 KIRACO, LLC

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COMPLAINT
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EXHIBIT A
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Reg. No. 5,345,896 Kiraco LLC (CALIFORNIA LIMITED LIABILITY COMPANY)

18543 Devonshire St #383
Registered Nov. 28, 2017 Northridge, CALIFORNIA 91324

CLASS 34: Hookah parts, namely, bowls

Int. Cl.: 34
FIRST USE 2-11-2013; IN COMMERCE 2-11-2013
Trademark
THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY
Principal Register PARTICULAR FONT STYLE, SIZE OR COLOR

SER. NO. 87-435,805, FILED 05-03-2017

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REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION

WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE
DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.

Requirements in the First Ten Years*

What and When to File:

First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th
years after the registration date. See 15 U.S.C. §§1058, 1141k. If the declaration is accepted, the
registration will continue in force for the remainder of the ten-year period, calculated from the registration
date, unless cancelled by an order of the Commissioner for Trademarks or a federal court.

Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application
for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C. §1059.

Requirements in Successive Ten-Year Periods*

What and When to File:

You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal
between every 9th and 10th-year period, calculated from the registration date.*

Grace Period Filings*

The above documents will be accepted as timely if filed within six months after the deadlines listed above with
the payment of an additional fee.

*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with an

extension of protection to the United States under the Madrid Protocol must timely file the Declarations of Use
(or Excusable Nonuse) referenced above directly with the United States Patent and Trademark Office (USPTO).
The time periods for filing are based on the U.S. registration date (not the international registration date). The
deadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to those for
nationally issued registrations. See 15 U.S.C. §§1058, 1141k. However, owners of international registrations
do not file renewal applications at the USPTO. Instead, the holder must file a renewal of the underlying
international registration at the International Bureau of the World Intellectual Property Organization, under
Article 7 of the Madrid Protocol, before the expiration of each ten-year term of protection, calculated from the
date of the international registration. See 15 U.S.C. §1141j. For more information and renewal forms for the
international registration, see http://www.wipo.int/madrid/en/.

NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
USPTO website for further information. With the exception of renewal applications for registered
extensions of protection, you can file the registration maintenance documents referenced above online at h
ttp://www.uspto.gov.

NOTE: A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark
owners/holders who authorize e-mail communication and maintain a current e-mail address with the
USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark
Electronic Application System (TEAS) Correspondence Address and Change of Owner Address Forms
available at http://www.uspto.gov.

Page: 2 of 2 / RN # 5345896
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EXHIBIT B
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EXHIBIT C
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