Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA690358
`ESTTA Tracking number:
`08/18/2015
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`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91214673
`Plaintiff
`Edge Games, Inc.
`REV DR TIM LANGDELL
`EDGE GAMES INC
`530 SOUTH LAKE AVENUE , 171
`PASADENA, CA 91101
`UNITED STATES
`uspto@edgegames.com, tim@edgegames.com
`Other Motions/Papers
`Dr Tim Langdell
`uspto@edgegames.com, tim@edgegames.com
`/Tim Langdell/
`08/18/2015
`ResponseToObjectionToStay.pdf(20592 bytes )
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`Proceeding
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`Correspondence
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`Filer's Name
`Filer's e-mail
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE
`TRADEMARK TRIAL AND APPEAL BOARD
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`Opposition No. 91214673
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`In the Matter of Application Serial Nos. 85/153,981 and 85/153,958
`Published in the Official Gazette on October 1, 2013
`Marks: EDGE and EDGE (Stylized)
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`EDGE GAMES, INC.
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`Opposer,
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`FUTURE PUBLISHING LIMITED
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`Applicant.
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`Box TTAB Commissioner for Trademarks
`P.O. Box 1451
`Alexandria,
`VA 22313-1451
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`RESPONSE TO APPLICANT’S OBJECTION TO OPPOSER’S
`STAY OF ABANDONMENT OF SER. NO. 85/153,981
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`Opposer Edge Games, Inc. responds the Applicant does not have the right to object to
`Opposer’s perfectly valid and appropriate Stay of the abandonment of the 85/153,981
`application. For avoidance of doubt, the parties have agreed that the other application,
`85/153,958, is to be abandoned. However, there is a lack of clarity as to whether the parties
`actually did agree terms on which the ‘981 mark would be abandoned, and there is an associated
`unresolved settlement proposal that would assign the ‘981 mark to Opposer rather than abandon
`it. While consent was given at one point, it was given on assumption of certain agreed terms, and
`it later transpired that the parties may have not been in agreement as to terms; there is thus an
`outstanding question of whether the consent was in fact valid or effective (arising from an email
`by Applicant being sent which referenced terms that it subsequently became clear the parties
`were not necessarily in agreement on). Attached as Exhibit A is the email in question from
`Applicant to Opposer referencing terms; the parties are thus still clarifying if mutual agreed
`terms were indeed reached, or if the ‘981 mark will be assigned rather than abandoned. In the
`meantime, it is entirely appropriate that any abandonment of the ‘981 mark be stayed pending
`clarity of these issues between the parties. Since the terms of any settlement are confidential and
`not to be revealed to any third party, it would be inappropriate for either Opposer or Applicant to
`exhibit the terms discussed hereto (or to attach same to any filing in regard to this matter before
`the Board). Certainly, the mark should not be abandoned while there may be inter-party
`disagreement as to the terms of abandonment, or if the mark is about to be assigned.
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`Dated: August 18, 2015
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`/s/ Tim Langdell
`Dr. Tim Langdell
`Edge Games, Inc.
`530 South Lake Avenue, Suite 171
`Pasadena,
`California 91101
`Opposer Edge Games, Inc.
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`CERTIFICATE OF SERVICE
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` hereby certify that a true copy of the foregoing OPPOSER’S RESPONSE TO APPLICANT’S
`OBJECTION TO OPPOSER’S STAY OF ABANDONMENT was served on Applicant by first
`class mail on August 18, 2015.
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`/s/ Tim Langdell
`Tim Langdell
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`Robert N. Phillips
`Reed Smith LLP
`10 Second Street
`San Francisco,
`CA 94105
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`EXHIBIT A
`EXHIBIT A
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`From: "Phillips, Robert N. (Rob)" <RobPhillips@ReedSmith.com>
`Date: August 14, 2015 at 6:12:22 PM
`To: Tim <tim@edgegames.com>
`Subject: RE: Abandonment of 85/153,958.
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`Future's abandonment proposal set forth below, including agreeing not to oppose the EDGE
`GAMES app on the stated conditions, expires in one hour (7 pm), at which time I will need to
`incur the expense of preparing and filing Future's response to Opposers first motion to compel
`(due at 9 pm PST), and all bets are off.
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`Sent with Good (www.good.com)