Proceeding
`Party
`
`Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA79816
`ESTTA Tracking number:
`05/08/2006
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91163936
`Defendant
`Rankins, Robert
`Rankins, Robert
`4513 Knightsbridge Drive
`McKinney, TX 75070
`
`Correspondence
`Address
`
`STEVE H. CLEMONS
`LEGGETT & CLEMONS, PLLC
`2745 NORTH DALLAS PARKWAY, SUITE 310
`PLANO, TX 75093
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`Answer
`Stephen M. Johns
`sjohns@leggettandclemons.com
`/Stephen M. Johns/
`05/08/2006
`Answer to Amended Notice of Opposition.pdf ( 5 pages )(27188 bytes )
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Application Serial Number: 76583432
`Publication Date: December 15, 2004
`
`NEBO SYSTEMS, INC.,
`
`V.
`ROBERT RANKINS,
`
`Opposer,
`
`Applicant.
`
`§
`
`E
`E
`E
`E
`
`Opposition No. 91163936
`
`ANSWER TO FIRST AMENDED NOTICE OF OPPOSITION
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`Applicant Robert Rankins, an individual (“Rankins”), files this answer in response to the
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`First Amended Notice of Opposition filed by Opposer Nebo Systems, Inc. (“Nebo”), and states
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`the following (with the paragraphs as designated herein respectively referring to those contained
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`in the First Amended Notice of Opposition of Nebo):
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`1.
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`Rankins does not have knowledge or information sufficient to form a belief as to
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`the truth of the averments in paragraph 1.
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`2.
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`Rankins does not have knowledge or information sufficient to form a belief as to
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`the truth of the averments in paragraph 2.
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`3.
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`4.
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`Rankins admits the averments of paragraph 3, subject to future amendment.
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`Rankins denies the averments of paragraph 4.
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`

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`5.
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`6.
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`Rankins admits the averments of paragraph 5, subject to future amendment.
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`Rankins denies the averments of paragraph 6.
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`Rankins denies that he is not entitled to register the trademark HMSA’s ECARE
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`CONNECTION. Rankins denies that any such registration would be damaging to Nebo.
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`7.
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`8.
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`9.
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`Rankins admits the averments of paragraph 7.
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`Rankins admits the averments of paragraph 8.
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`Rankins admits the averments of paragraph 9.
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`10.
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`Rankins admits the averments of paragraph 10.
`
`ll.
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`Rankins admits the averments of paragraph ll.
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`12.
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`Rankins admits the averments of paragraph l2.
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`l3.
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`Rankins denies the averments of paragraph 13 in that a supplement response
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`contained in Rankins’ Supplemental Responses to First Set of Interrogatories was delivered to
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`counsel to Nebo on or about May 8, 2006 stating, in part, as follows:
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`Interrogatory N0. 22: State in detail the channels of trade in which Applicant’s Mark is
`used and/or in which goods bearing Applicant’s Mark are sold, including the geographic
`area by state, territory or possession in which Applicant’s Mark is used and/or sold, the
`manner in which the goods or services reach the ultimate consumer, the geographic reach
`of each such channel, and the approximate percentage of total sales of goods and/or
`services through each such channel, and identify documents sufficient to support your
`response to this interrogatory.
`
`Rankins withdraws his prior response to this interrogatory as such
`Response:
`interrogatory was inherently vague and overly broad, resulting in an incorrect prior
`response by Rankins. Rankins submits the following in response to such interrogatory in
`order to make certain all information provided to Nebo is fully accurate. Rankins notes
`
`-2-
`
`

`
`he has extensively advertised his services provided through E—Care Emergency Centers
`on a worldwide basis through the Internet since approximately June 2003 in anticipation
`of rendering emergency medical services to individuals located in States other than Texas
`who might need emergency services while traveling to or through the regions serviced by
`such E—Care Emergency Centers. As indicated in Rankins’ response to Interrogatory No.
`14, annual consideration received from non—Texas residents aggregates approximately
`$369,663.00, representing approximately 9.6% of the total consideration received by
`Rankins’ from all patients during any given year.
`In support of this response, Opposer
`can view the web site of Rankins at www.e—carecenters.com. Additionally, certain billing
`records may be made available to Opposer upon request.
`
`14.
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`Rankins admits the averments of paragraph l4.
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`l5.
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`Rankins admits the averments of paragraph l5.
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`l6.
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`Rankins denies the averments of paragraph 13 in that a supplement response
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`contained in Rankins’ Supplemental Responses to First Set of Interrogatories was delivered to
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`counsel to Nebo on or about May 8, 2006 stating, in part, as follows:
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`Interrogatory N0. 14: With respect to the first occasion the mark was ever used in
`interstate commerce, state:
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`The name, or other means of identification, of the goods or service on or
`a.
`in connection with which the mark was used;
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`b.
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`c.
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`d.
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`e.
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`f.
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`g.
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`The date;
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`The name of each state involved;
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`The nature of the commercial transaction;
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`The name, address and capacity of each party to the transaction;
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`What consideration was given by each party to the transaction; and
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`The circumstances that led to the transaction.
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`Rankins withdraws his prior response to this interrogatory as such
`Response:
`interrogatory was inherently vague and overly broad, resulting in an incorrect prior
`response by Rankins. Rankins submits the following in response to such interrogatory in
`order to make certain all information provided to Nebo is fully accurate (each clause
`responds to the similarly lettered clause of the interrogatory):
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`-3-
`
`

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`a.
`
`b.
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`Emergency medical services provided to an individual;
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`May 2003;
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`Rankins provides emergency medical services to approximately 1,800
`c.
`individuals per year, each such individual traveling to or through Texas from one of 42
`States other than Texas, including every State sharing a border with the Texas;
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`d.
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`Emergency medical services;
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`Specific information cannot be disclosed due to potential for violations of
`e.
`doctor—patient relationship and the Health Insurance Portability and Accounting Act of
`1996 (summarized information of patients is available upon request);
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`The average amount billed to each out—of—State patient was approximately
`f.
`$203.00, representing aggregate annual consideration in the amount of $369,663.00; and
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`Personal
`g.
`medical services.
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`injury of an individual resulting in the need for emergency
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`17.
`
`Rankins denies the averments of paragraph 17 based upon his Supplemental
`
`Responses to First Set of Interrogatories referred to in paragraphs 13 and 16 hereof.
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`Rankins denies that he is not entitled to register the trademark E—CARE.
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`l8.
`
`Rankins admits the averments of paragraph l8.
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`l9.
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`Rankins admits the averments of paragraph 19.
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`20.
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`Rankins denies the averments of paragraph 20 based upon his Supplemental
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`Responses to First Set of Interrogatories referred to in paragraphs 13 and 16 hereof.
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`2l.
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`Rankins denies the averments of paragraph 21 based upon his Supplemental
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`Responses to First Set of Interrogatories referred to in paragraphs 13 and 16 hereof.
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`

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`22.
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`Rankins denies the averrnents of paragraph 22 based upon his Supplemental
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`Responses to First Set of Interrogatories referred to in paragraphs 13 and 16 hereof.
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`Rankins denies that his Application should be invalidated as containing false statements
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`as to the mark’s use is commerce.
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`WHEREFORE, Rankins prays that Nebo be sent empty away, and that Rankins have and
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`recover its costs and attorneys fees incurred in defense of this claim.
`
`Respectfully submitted,
`
`LEGGETT & CLEMONS, PLLC
`
`By:
`
`/Stephen M. J ohns/
`Stephen M. Johns
`Texas State Bar No. 24002354
`
`2745 Dallas North Parkway, Suite 310
`Plano, Texas 75093
`
`Telephone:
`Facsimile:
`
`(214) 473-8686
`(214) 473-8685
`
`ATTORNEYS FOR APPLICANT
`
`ROBERT RANKINS
`
`CERTIFICATE OF SERVICE
`
`I certify that on May 8, 2006 a true and correct copy of the foregoing document was
`served on all counsel as indicated below:
`
`Thomas G. Gardiner
`
`Gardiner, Koch & Weisberg
`53 West Jackson Blvd., Suite 950
`
`Chicago, Illinois 60604
`
`/Stephen M. J ohns/
`Stephen M. Johns