Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA739579
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`Filing date:
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`04/12/2016
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding
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`91214673
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`Party
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`Correspondence
`Address
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`Submission
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`Filer's Name
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`Filer's e-mail
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`Signature
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`Date
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`Defendant
`Future Publishing Limited
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`ROBERT N PHILLIPS
`REED SMITH LLP
`101 SECOND STREET, SUITE 1800
`SAN FRANCISCO, CA 94105
`UNITED STATES
`IPDocket-CHI@reedsmith.com, robphillips@reedsmith.com, nbor-
`ders@reedsmith.com, dkalahele@reedsmith.com
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`Other Motions/Papers
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`Robert N. Phillips
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`robphillips@reedsmith.com, dkalahele@reedsmith.com
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`/s/ Robert N. Phillips
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`04/12/2016
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`Attachments
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`Opposition to Petitioner's Notice at Docket No. 46.pdf(10568 bytes )
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`
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Opposition No. 91214673
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`Re Serial No. 85/153,981
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`) ) ) ) ) ) ) ) )
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`Opposer,
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`EDGE GAMES, INC.
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`v.
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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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`OPPOSITION TO PETITIONER’S NOTICE AT DOCKET NO. 46
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`Applicant Future Publishing Ltd. hereby opposes Opposer Edge Games, Inc.’s Notice
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`That Ownership of the ‘981 Mark Was Transferred (see Docket No. 46) on the following
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`grounds:
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`1.
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`Applicant has never assigned, and does not consent to the assignment, of
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`Application No. 85153981 to Opposer.
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`2.
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`The Trademark Assignment unilaterally created and recorded by Opposer at Reel
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`005638 Frame 0961 is fraudulent and void ab initio and should be stricken. Applicant has never
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`seen the document, did not prepare the document, did not sign the document, does not employ a
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`“Mario Gonzalez,” did not authorize any “Mario Gonzalez” to prepare or sign the document on
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`Applicant’s behalf, and did not authorize Opposer to record the document.
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`3.
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`Likewise, the Power of Attorney unilaterally created and recorded by Opposer at
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`Reel 005638 Frame 0963 is fraudulent and void ab initio and should be stricken. Applicant has
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`never seen the document, did not prepare the document, did not sign the document, does not
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`employ a “Mario Gonzalez,” did not authorize any “Mario Gonzalez” to prepare or sign the
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`document on Applicant’s behalf, and did not authorize Opposer to record the document.
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`4.
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`The subject application is based on Sections 1b and 44d, which is an intent to use
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`basis, and is therefore nonassignable.
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`Wherefore, the application should be withdrawn and this proceeding terminated in
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`accordance with Applicant’s Express Abandonment of Application dated April 7, 2016 (first
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`inadvertently filed in Cancellation Action No, 92062034 at docket no. 8, and then refiled in this
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`proceeding at docket no. 49).
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`Dated: April 12, 2016
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`
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`/s/ Robert N. Phillips
`Robert N. Phillips
`Reed Smith LLP
`101 Second Street, 18th Floor
`San Francisco, CA 94105
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`Attorneys for Applicant
`Future Publishing Limited
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`2
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true copy of the foregoing OPPOSITION TO PETITIONER’S
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`NOTICE AT DOCKET NO. 46 was served on Opposer via First Class U.S. Mail, postage
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`prepaid on April 12, 2016.
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`
`Dr. Tim Landell
`Edge Games, Inc.
`530 South Lake Avenue, Suite 171
`Pasadena, California 91101
`Telephone: (626) 449-4334
`Facsimile: (626) 844-4334
`Email: tim@edgegames.com
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`/s/ Deborah Kalahele
`Deborah Kalahele
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`3
