Empower Annuity Insurance Company of America (P) vs Nanjing Xempower Sports Technology Co., Ltd. (D)
Pending
Oppositions
Proceeding Details
Proceeding Number
Filing Date
Mar 4, 2026
Last Status Update
Mar 9, 2026
Interlocutory Attorney
STEVEN W FERRELL
Parties
Plaintiff
Empower Annuity Insurance Company of America




901 NEW YORK AVENUE, NW
WASHINGTON, DC 20001
Attorney / Correspondent:
DOUGLAS RETTEWFINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P.
901 NEW YORK AVENUE, NW
WASHINGTON, DC 20001
Marks:
EMPOWER RETIREMENT
Registered
|Reg #: 5743480|S/N: 87923988
EMPOWER RETIREMENT
LIVE - REGISTERED
TrademarkCombinedOwner: EMPOWER ANNUITY INSURANCE COMPANY OF AMERICA
Status: SECTION 8 & 15-ACCEPTED AND ACKNOWLEDGED
Record Details
Serial No.
87923988
Registration No.
5743480
Status
LIVE
Important Dates
Filed
May 16, 2018
Registered
May 7, 2019
First Use
Jul 15, 2016
Goods & Services
Class 009
Downloadable software in the nature of a mobile application for retirement plan participant access to financial records related to employer-sponsored defined contribution plans and defined benefit plans provided through government agencies and employers; Downloadable software in the nature of a mobile application for retirement plan financial record keeping for participants with regard to plans distributed to institutions, government agencies, and employers; Downloadable software in the nature of a mobile application for financial administration of employee pension plans and retirement plans provided solely to institutions, government agencies, and employers and their employee participants; Downloadable software in the nature of a mobile application for providing database access to information in the field of employer-sponsored defined contribution and defined benefit plans; Downloadable software for financial record keeping and retirement fund management; All excluding services in the fields of insurance, real estate, banking, and venture capital; "RETIREMENT"
EMPOWER
Registered
|Reg #: 5407837|S/N: 86435969
EMPOWER
LIVE - REGISTERED
Service MarkCombinedOwner: EMPOWER ANNUITY INSURANCE COMPANY OF AMERICA
Status: CANCELLATION PENDING
Record Details
Serial No.
86435969
Registration No.
5407837
Status
LIVE
Important Dates
Filed
Oct 27, 2014
Registered
Feb 20, 2018
First Use
Oct 30, 2014
Goods & Services
Class 035Class 036
Financial record keeping services provided solely to institutions, government agencies, and employers; financial administration of employee pension plans and retirement plans provided solely to institutions, government agencies, and employers; enrollment processing services for employer-sponsored defined contribution and defined benefit plans provided solely to institutions, government agencies, and employers; investment of funds for others; investment and retirement fund management; mutual fund investment services; providing an interactive website and online computer database information in the field of employer-sponsored defined contribution and defined benefit plans; all excluding services in the fields of insurance, real estate, banking, and venture capital; Financial record keeping for employer-sponsored defined contribution plans and defined benefit plans solely for institutions, government agencies, and employers; financial record keeping for services provided solely to institutions, government agencies, and employers for regulatory compliance purposes
PERSONAL CAPITAL AN EMPOWER COMPANY
Registered
|Reg #: 7056305|S/N: 90731609
PERSONAL CAPITAL AN EMPOWER COMPANY
LIVE - REGISTERED
TrademarkWordOwner: EMPOWER ANNUITY INSURANCE COMPANY OF AMERICA
Status: REGISTERED
Record Details
Serial No.
90731609
Registration No.
7056305
Status
LIVE
Important Dates
Filed
May 24, 2021
Registered
May 16, 2023
First Use
Aug 18, 2020
Goods & Services
Class 009Class 016
Downloadable computer software for use on desktop computers, laptops computers, mobile phones, tablet computers, and handheld computers, for accessing, maintaining, managing and reporting financial information in the field of personal finance, banking, investments and accounting; Downloadable computer software for use on desktop computers, laptops computers, mobile phones, tablet computers, and handheld computers for performing queries and transactions, for storing, modifying, transmitting and receiving information, and for accessing, maintaining, managing and reporting financial information in the fields of retirement and tax planning; Downloadable computer software for use on desktop computers, laptops computers, mobile phones, tablet computers, and handheld computers, for performing queries and transactions, for storing, modifying, transmitting and receiving information, and for accessing, maintaining, managing and reporting financial information in the field of financial services; Downloadable computer software for use on desktop computers, laptops computers, mobile phones, tablet computers, and handheld computers, for processing and managing financial transactions; Downloadable computer software for use on desktop computers, laptops computers, mobile phones, tablet computers, and handheld computers for managing financial records; Downloadable computer software for use on desktop computers, laptops computers, mobile phones, tablet computers, and handheld computers for managing banking transactions, checking accounts, savings accounts, payments, expenses and billing; downloadable computer software for use on desktop computers, laptops computers, mobile phones, tablet computers, and handheld computers used for the electronic exchange and management of financial, banking, investing, and personal net worth data; downloadable computer software for use on desktop computers, laptops computers, mobile phones, tablet computers, and handheld computers for maintaining, managing and reporting financial information and investment portfolios; downloadable computer software for use on desktop computers, laptops computers, mobile phones, tablet computers, and handheld computers for use by financial service providers to obtain investment transaction and account information; downloadable computer software for use on desktop computers, laptops computers, mobile phones, tablet computers, and handheld computers for initiating, processing and tracking financial transactions; downloadable computer software for use on desktop computers, laptops computers, mobile phones, tablet computers, and handheld computers for use by investment advisors to obtain price information, balance information and other data about funds and accounts; downloadable computer software for use on desktop computers, laptops computers, mobile phones, tablet computers, and handheld computers for use in obtaining access to a web site which provides news, information and online financial services; downloadable computer software for use on desktop computers, laptops computers, mobile phones, tablet computers, and handheld computers for use by individuals and financial investment advisors in portfolio allocation, sector analysis, portfolio modeling and portfolio rebalancing; downloadable computer software for use on desktop computers, laptops computers, mobile phones, tablet computers, and handheld computers for processing electronic payments and transferring funds and financial assets to and from financial institutions; downloadable computer software for use on desktop computers, laptops computers, mobile phones, tablet computers, and handheld computers for authenticating users and controlling access to and communications with computers and mobile devices; downloadable computer software for use on desktop computers, laptops computers, mobile phones, tablet computers, and handheld computers for use in online security and authentication, account and identity management, and electronic safeguards protecting online accounts; Downloadable electronic newsletters, guides, articles, papers, and blogs in the fields of finance, investment, retirement, personal finance, financial analysis, financial research, financial market news, global financial trends, and investment opportunities; Printed materials, namely, brochures, newsletters, manuals, guides and printed instructional materials in the fields of accounting, business, finance, investments, retirement planning, and tax planning; Providing web-based, automated and customized personal financial management services, namely, customized management of an individual's investments in the field of retirement, securities, mutual funds, and annuities; providing web-based, automated and customized personal financial management services, namely, financial portfolio management; Financial services, namely, enabling users to retrieve, aggregate, and analyze account, transaction, and balance information from banks and other financial institutions, credit card and debit card issuers, consumer and mortgage lenders; Financial services, namely, investment brokerage services, financial planning for retirement, financial planning services, all via computer and communications networks; Provision of financial information; Providing financial management services via computer and communication networks in the field of portfolio management, portfolio allocation, sector analysis, portfolio modeling, portfolio rebalancing, employee pension plans, and retirement; Providing electronic cash, credit card, and debit card transaction services via computer and communication networks; Providing online banking service; electronic payment services involving electronic processing and subsequent transmission of bill payment data; Investment advisory services; Financial planning services; Mutual fund investment services; Retirement fund investment services; Investment management services; Brokerage and distribution of mutual funds, securities and annuities; Wealth management services; investment consultancy; Providing information pertaining to personal finance, banking, investments and retirement planning, through electronic means; Providing information consisting of financial news, information, opinion and advice via computer and communication networks, the Internet, mobile devices; providing an online searchable database featuring financial information in the fields of retirement and investment; providing economic information and research in the field of finance and financial investments to individuals by electronic means; providing information in the field of personal finance; financial investment analysis; providing information in the field of personal finance; Database management; Financial and investments records management services offered through the organizing and indexing of electronic databases of financial and investments records for others; Providing information consisting of business news, information, opinion and advice via computer networks, the Internet, mobile devices; Referrals in the field of investment advice and financial planning; Providing consumer news and information in the field of educational products and services that help individuals and businesses make and save money; Compiling financial, securities, stock exchange, trade and quote, index value and other financial market information for business purposes; Providing business information via a website; Providing information and news in the field of business; Business advisory services, consultancy and information; Information services relating to business matter; providing an online computer website that provides commercial financial transaction data, account management, financial reporting, accounting features; "CAPITAL" and "COMPANY"; Providing temporary use of online non-downloadable software and applications for accessing, maintaining, managing and reporting financial information in the field of personal finance, investments and accounting; Providing temporary use of online non-downloadable software and applications for use in accessing bank and deposit account, credit card account and other financial account information; Providing temporary use of online non-downloadable software and applications for budgeting, managing money, and recording and tracking financial transactions; Providing temporary use of online non-downloadable software and applications for use in configuring and receiving alert messages regarding account balances and transactions; Providing temporary use of online non-downloadable software and applications for performing queries and transactions, for storing, modifying, transmitting and receiving information, and for accessing, maintaining and managing data in the field of banking, bill payment and electronic payment applications; Providing temporary use of online non-downloadable software and applications for performing queries and transactions, for storing, modifying, transmitting and receiving information, and for accessing, maintaining, managing and reporting financial information in the fields of financial planning and management, investments, and retirement planning; Providing temporary use of online non-downloadable software and applications for performing queries and transactions, for storing, modifying, transmitting and receiving information, and for accessing, maintaining, managing and reporting financial information and data in the field of tax planning; Providing temporary use of non-downloadable computer software and applications for performing queries and transactions, and for storing, modifying, transmitting and receiving information and data in the fields of personal finance, accounting, banking, bill payment, financial planning, retirement planning, investments and tax planning, all via computer and communication networks; computer security services, namely, restricting unauthorized access to banking, broker, credit card, and other financial account data and information by users without credentials; electronic monitoring of personally identifying information to detect identity theft via the Internet
EMPOWER FIELD AT MILE HIGH
Registered
|Reg #: 7463634|S/N: 88603551
EMPOWER FIELD AT MILE HIGH
LIVE - REGISTERED
TrademarkWordOwner: EMPOWER ANNUITY INSURANCE COMPANY OF AMERICA
Status: REGISTERED
Record Details
Serial No.
88603551
Registration No.
7463634
Status
LIVE
Important Dates
Filed
Sep 4, 2019
Registered
Jul 30, 2024
First Use
Sep 4, 2019
Goods & Services
Class 018Class 025
bags, namely, sports and duffel bags, backpacks, tote bags; work bags, namely, messenger bags, briefcases, and briefcase-type
portfolios; purses, handbags; men's and women's clothing, namely, caps being headwear, hats, visors being headwear, t-shirts, tops as clothing, shirts,
sweaters, sweatshirts, jackets, vests, coats, scarves; "FIELD AT MILE HIGH" FOR CLASSES 35, 41 AND 43 AND "MILE HIGH" FOR CLASSES 16, 18 AND 25
EMPOWERUP
Registered
|Reg #: 6053841|S/N: 87845846
EMPOWERUP
LIVE - REGISTERED
Service MarkWordOwner: EMPOWER ANNUITY INSURANCE COMPANY OF AMERICA
Status: REGISTERED
Record Details
Serial No.
87845846
Registration No.
6053841
Status
LIVE
Important Dates
Filed
Mar 22, 2018
Registered
May 12, 2020
First Use
May 17, 2018
Goods & Services
Class 035Class 036
Financial administration of employee pension plans and retirement plans provided to institutions, government agencies, and employers; administration of health savings accounts; investment of funds for others; investment and retirement fund management; mutual fund investment services; providing an interactive website and online computer database information in the field of employer-sponsored defined contribution and defined benefit plans; annuity underwriting and investment management of and distribution of annuities; underwriting and administration of individual and group annuities; all excluding services in the fields of insurance, real estate, banking, and venture capital; Financial record keeping for employer-sponsored defined contribution plans and defined benefit plans for institutions, government agencies, and employers; financial record keeping for services provided solely to institutions, government agencies, and employers for regulatory compliance purposes; enrollment processing services for employer-sponsored defined contribution and defined benefit plans provided to institutions, government agencies, and employers; financial record keeping services for health savings accounts provided to institutions, government agencies, and employers
VS
Defendant
Nanjing Xempower Sports Technology Co., Ltd.
4621 CHESTNUT ST
BETHESDA, MD 20814
Attorney / Correspondent:
Mark:
XEMPOWER
Pending
S/N: 79391863
XEMPOWER
LIVE - PENDING
TrademarkWordOwner: Nanjing Xempower Sports Technology Co., Ltd.
Status: OPPOSITION PENDING
Record Details
Serial No.
79391863
Status
LIVE
Important Dates
Filed
Jan 9, 2024
Goods & Services
Class 009Class 025
Educational services, namely, providing tutorial sessions in the fields of sports training; sports instruction services; arranging and conducting of conferences in the field of competitive sports; publication of texts, other than publicity texts; online publication of electronic books and journals; providing non-downloadable electronic publications in the nature of magazines and brochures in the field of sports competitions; production of radio or television programs; translation; translation services; entertainment services in the nature of a wrestling club; educational services, namely, conducting classes of skateboarding, boxing, running, and cycling by means of a sports club; CD drives for computers; computer peripheral devices; data processing apparatus; computer programs, recorded, for operation and management of sports competition; downloadable electronic publications in the nature of magazines in the field of sports competition; blank smart cards; integrated circuit cards; computer hardware; downloadable computer games software; computer network communication devices; electroacoustic transducers, namely, diaphragms, not for medical purposes; Television broadcasting; providing online forums; providing video conferencing services; providing access to databases; providing telecommunications connections to a global computer network; telecommunications routing and junction services; providing user access to global computer networks; rental of access time to global computer networks; electronic message sending; communications by computer terminals; Clothing, namely, T-shirts, top coats, pants, dresses, sweaters, sports jackets, and sports pants; rain coats; theatrical costumes; footwear; caps being headwear; hosiery; gloves; neckties; scarfs; suspenders being braces for clothing; Insurance brokerage; capital investment; financial management; financial advisory and consultancy services; appraisal and valuation of artworks; business brokerage; surety services; charitable fund raising; trusteeship representatives; securities-based lending; Research of technology in the field of developing computer programs for sports competition management; maintenance of computer software; computer software design; hosting computer websites; conversion of computer data other than physical conversion; computer system analysis; computer system design; providing search engines for the internet; computer programming; recovery of computer data
TTAB Documents
Title | Date | Entry # | Category | Code | Actions |
|---|---|---|---|---|---|
INSTITUTED | Mar 9, 2026 | 3 | Status | 128 | |
NOTICE AND TRIAL DATES SENT; ANSWER DUE: | Mar 9, 2026 | 2 | Scheduling | 707 | |
FILED AND FEE | Mar 4, 2026 | 1 | Fees | 124 |