Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA739638
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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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`Plaintiff
`Edge Games, Inc.
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`TIM LANGDELL
`EDGE GAMES INC
`530 SOUTH LAKE AVENUE, SUITE 171
`PASADENA, CA 91101
`UNITED STATES
`uspto@edgegames.com, tim@edgegames.com
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`Reply in Support of Motion
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`Tim Langdell
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`uspto@edgegames.com, tim@edgegames.com
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`/Tim Langdell/
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`04/12/2016
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`Attachments
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`EdgeGamesResponseToFuturesOppositionToDocket46.pdf(282380 bytes )
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` IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE
`TRADEMARK TRIAL AND APPEAL BOARD
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`In the Matter of Application Serial Nos. 85/153,981 & 85/153,958
`Marks: EDGE & 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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`Opposition No. 91214673
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`Re Serial No. 85/153,981
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`EDGE GAMES' RESPONSE TO FUTURE PUBLISHING'S
`OPPOSITION TO PETITIONER'S NOTICE AT DOCKET NO. 46
`AND EDGE GAMES' OPPOSITION TO FUTURE'S
`UNLAWFUL EXPRESS ABANDONMENT OF MARK/
`WITHDRAWAL OF APPLICATION
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`Opposer Edge Games refutes the statements made in Future Publishing's "Opposition
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`to Petitioner's Notice at Docket No 46" and denies that Future Publishing has the right or
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`standing to the Express Abandonment/Withdrawal of Application filed 4/12/16. Further,
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`these documents in Dockets 49 and 50 should be disregarded since they were filed after
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`the proceedings had been terminated, and Future did not first seek (or gain) permission to
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`reopen the proceedings in order that the Board could consider new filings.
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`1. Opposer has a perpetual irrevocable Power of Attorney to assign the instant mark
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`from Future Publishing to Edge Games, proof of said power of attorney was filed along
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`with the assignment of this mark. Edge Games does not seek, nor does Edge Games
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`require, any consent to the assignment from Future Publishing since Edge Games has the
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`right to effect the assignment without such consent, and did so completely lawfully.
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`2. The assignment recorded by Edge Games at Reel 005638 Frame 0961 is
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`completely valid and as such must of course stand and not be stricken. Mario Gonzalez
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`was an authorized signatory on the assignment document, officially authorized to execute
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`on behalf of Future Publishing in accord with the perpetual, irrevocable power of
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`attorney. No consent or authorization from Future Publishing was required, and Future
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`Publishing have no standing in this matter to protest the assignment, or to ask that it be
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`stricken.
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`3. The power of attorney recoded by Edge Games at Reel 005638 Frame 0963 is
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`completely genuine and there are no grounds whatsoever for it to be stricken. Indeed,
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`Future Publishing are well aware of the existence of this power of attorney, and being
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`well known to them, it is surprising they would dare to suggest it is not valid or that it
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`should be stricken. Future would not have been involved in creating the document since it
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`was created under the powers granted to Edge Games, and Edge Games did not require
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`any authorization from Future Publishing to execute or file the document in question.
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`4. As Future Publishing is well aware, the filing under 1b was a clerical error since it
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`is well known to both Future Publishing and to Edge Games that the mark in question has
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`been in use since at least 2000, and indeed Future Publishing have stated such continuous
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`use in United States commerce as part of their filings in this Opposition. Thus the mark
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`has had extensive use in United States commerce, and correction is underway to ensure
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`that the mark is converted to use and the assignment to Edge Games finalized.
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`5. This filing being one based on an overseas (UK) registration (44(d) and 44(e)
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`bases of filing), therefore use is presumed to have occurred in the mark in that overseas
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`territory, which use the USPTO, and the Board in particular, are obliged to recognize.
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`Thus this mark is a use mark (not an intent to use, despite the 1(b) assignation) because
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`use is assumed by virtue of being a US application based on a UK trademark registration
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`where use was made of the mark in the United Kingdom prior to the instant application
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`being filed in the USPTO.
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`6. The proceedings had been terminated before Future Publishing filed this
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`Opposition (Docket No 50), and indeed were terminated before Future attempted to
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`unlawfully file an Express Abandonment of the mark/Withdrawal of Application (at
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`Docket No. 49). Edge Games further notes that Future Publishing does not seek leave of
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`the Board to re-open the proceedings in order to have their post-proceedings filings
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`considered, and thus the Board should give no weight to the filings at Docket Nos 49 &
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`50, and thus give them both no consideration.
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`7. Needless to say, Edge Games strenuously denies that Future Publishing has any
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`right or standing to file an Express Abandonment of the mark since it is rightly assigned
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`to Edge Games. Since Future is not the current owner of this mark according to the
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`USPTO database, Future thus has no standing to file the Express Abandonment.
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`8. If there is any imperfection in the assignment, which Edge Games denies, then
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`such imperfection will be resolved in due course, with the assignment to Edge Games
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`eventually certainly being restated to the satisfaction of the USPTO. However, Edge
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`Games does not see that as necessary since the assignment is binding.
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`9. Future Publishing's Express Abandonment is not valid since the mark has been
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`owned by Edge Games since or at least September 17, 2015. But in any event, Edge
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`Games strenuously objects to the mark being abandoned since either it is assigned to
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`Edge Games or if there be any imperfection in the assignment, then said imperfection
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`will be resolved in due course such that this mark is undisputedly registered in Edge
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`Games' name. It would thus cause irreparable damage to Edge Games were the Board or
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`the USPTO to act on Future's Express Abandonment of what is Edge Games' rightful
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`mark which Edge Games has a right to registration of.
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`10.
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`Accordingly, Future Publishing's filings at Dockets 49 & 50 should be
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`given no consideration and the mark should now go forward to registration in the name of
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`Edge Games Inc, its true (and current) legal owner.
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`Dated: April 12, 2016
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`By: /Tim Langdell/_____________
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`CEO, Edge Games, Inc.
`Opposer in Pro Se
`530 S. Lake Avenue 171
`Pasadena CA 91101
`Tel: 626 449 4334
`Fax: 626 844 4334
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and complete copy of the foregoing EDGE GAMES'
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`RESPONSE TO FUTURE PUBLISHING'S OPPOSITION TO PETITIONER'S
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`NOTICE AT DOCKET NO. 46 AND EDGE GAMES' OPPOSITION TO FUTURE'S
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`UNLAWFUL EXPRESS ABANDONMENT OF MARK/WITHDRAWAL OF
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`APPLICATION has been served by mailing said copy on April 12, 2016, via First Class
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`Mail, postage prepaid, upon the following party of record.
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`Robert N Phillips
`Reed Smith LLP
`101 Second Street
`San Francisco, CA 94105
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`Signature: /Tim Langdell/______
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`Date: April 12, 2016
