Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA829725
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`Filing date:
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`06/27/2017
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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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`91232896
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`Party
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`Correspondence
`Address
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`Defendant
`CCG Creative, LLC
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`CHARLES GATLING
`CCG CREATIVE LLC
`1235 RING BILL LOOP
`UPPER MARLBORO, MD 20774
`UNITED STATES
`Email: cgatling@ccgcreative.com
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`Submission
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`Filer's Name
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`Filer's email
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`Signature
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`Date
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`Answer
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`Charles Gatling
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`cgatling@ccgcreative.com
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`/Charles Gatling/
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`06/27/2017
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`Attachments
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`CCGC-Response-To-Notice-Of-Opposition-BSoA.pdf(3401339 bytes )
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`
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`CCG Creative, LLC
`1235 Ring Bill Loop
`Upper Marlboro, MD 20774
`TEL: 301-246-2242
`FAX: 301-298-5176
`cgatling@ccgcreative.com
`In Pro Per
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`THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Serial No.: 86/914322
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`APPLICANT’S RESPONSE TO OPPOSER’S
`NOTICE OF OPPOSITION
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`Dated this 27th day of June, 2017
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`Boy Scouts of America,
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`vs.
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`Opposer,
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`CCG Creative, LLC,
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`APPLICANT’S RESPONSE TO OPPOSER’S NOTICE OF OPPOSITION - 1
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`CCG Creative, LLC (“CCG Creative”, herein referred to as “Applicant”), having an address at
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`1235 Ring Bill Loop, Upper Marlboro, MD. 20774 believes that no damage will be done to Boy Scouts
`of America (hereinafter “Boy Scouts” or “Opposer”) with regard to its request to register the mark
`RACK SCOUT as shown in U.S. Trademark Application Serial No. 86/914322 (“the ’322 Application”)
`which was filed February 20, 2016 in International Class 35 for “Retail on-line department stores; on-
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`line retail store services featuring a wide variety of consumer goods; online retail store services featuring
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`shoes; online retail store services featuring clothing, accessories, footwear, hats, belts, gloves, scarves,
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`bags, handbags, packs, purses, luggage, briefcases, watches, jewelry, eyewear, home products,
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`housewares, home décor, kitchen and cooking products, dishes, glassware, cutlery, bathroom products,
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`cosmetics, beauty and personal care products, fragrances, skin and hair products, bedding and linens,
`baby goods, sporting goods, and storage and organization products.”
`Applicant would like to submit the following response to the Opposer’s allegations against its
`RACK SCOUT mark contained in the Opposer’s Notice of Opposition filed February 15, 2017;
`1. For the Opposer’s allegation that the Applicant’s RACK SCOUT mark is “is substantially
`similar to Opposer’s Scout Marks” (Paragraph #20 from the Opposer’s Notice of Opposition),
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`Applicant denies this allegation. With no further clarification from the Opposer, the Applicant
`assumes that the statement “The services for which Applicant seek to register Applicant’s Mark
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`are similar or related to the goods and services for which Opposer uses and/or has similar or
`related to the goods and services for which Opposer uses and/or has registered its Scout Marks.”
`(Paragraph #21 from the Opposer’s Notice of Opposition) is used as the justification for this
`allegation. The USPTO clearly states that the “Failure to identify your goods and/or services
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`correctly may result in major delays in the prosecution of your application. In some cases, an
`incorrect identification may prevent registration of your mark.” With that guidance, the
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`Applicant is attempting to be as clear as possible when describing the services to be represented
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`by the mark within the International Class 035 where it is to be registered. The Applicant
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`highlights that its description is noticeably more extensive than the single Scout Mark registered
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`APPLICANT’S RESPONSE TO OPPOSER’S NOTICE OF OPPOSITION - 2
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`by the Opposer, SCOUTSTUFF.ORG, in International Class 035. The services to be covered by
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`the RACK SCOUT mark are within the same business space (retail on-line department stores)
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`but will be considerably different from that of the Opposer (of which the company confidential
`details are not disclosed in this forum). The Applicant would also highlight that the Opposer’s
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`Scout mark in question, SCOUTSTUFF.ORG, clearly references a website domain name, which
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`the Applicant believes holds no similarity in name or use to the registration of its RACK SCOUT
`mark. Furthermore, the Opposer’s mark refers to a .ORG web domain which has historically
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`been intended for non-profit entities, and is commonly used by schools, open-source projects,
`and communities. This is completely opposite to the commercial nature of the Applicant’s
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`RACK SCOUT mark. The Applicant believes that the Opposer presents no further burden of
`proof that the Applicant’s RACK SCOUT mark is substantially similar to its Scout marks, and
`this allegation should not be grounds to oppose the registration of the Applicant’s RACK
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`SCOUT mark.
`2. For the Opposer’s allegation that the “Applicant’s use and/or registration of Applicant’s Mark is
`in direct contravention and derogation of the rights granted to Opposer by Congress.” (Paragraph
`#25 from the Opposer’s Notice of Opposition), Applicant denies this allegation. Per 36 U.S.C.
`§30905, Opposer “has the exclusive right to use emblems, badges, descriptive or designating
`marks, and words or phrases the corporation adopts.” Opposer fails to illustrate proof that it has
`adopted use of “Rack Scout” and, as a result, has no exclusive right to use it. The Applicant
`submits that if any common law rights can be claimed for use of “RACK SCOUT”, they would
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`be granted to the Applicant for first use of this mark in acquisition of the website domain
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`www.rackscout.com (dated Sunday, June 30, 2013 as seen in Exhibit B) where the name RACK
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`SCOUT and a to-be-registered stylized mark of the name appears on the website, as well as in a
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`prototype mobile application that has been created. Applicant also submits that if the Opposer is
`referencing 36 U.S.C. §30905 with regard to use of the term “Scout”, Opposer also fails to
`illustrate proof that it has exclusive right to use “Scout” outside of it being “used to identify a
`member of Opposer’s organization and Opposer’s goods and services” (Paragraph #16 from the
`Opposer’s Notice of Opposition), of which the Applicant’s RACK SCOUT mark does not
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`APPLICANT’S RESPONSE TO OPPOSER’S NOTICE OF OPPOSITION - 3
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`identify any member of the Opposer’s organization or the Opposer’s goods and services. Proof
`that the Opposer has no exclusive right to use the term “Scout” can be seen from the information
`the Applicant retrieved from the Trademark Electronic Search System (“TESS”) maintained by
`the United States Patent and Trademark Office (“USPTO”). The Applicant performed a search
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`for all LIVE trademarks currently cataloged within the TESS of marks that contain the word
`“SCOUT” or “SCOUTS” in the mark, and 643 records of approved trademarks were returned.
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`From those 643 records, Applicant selected 57 trademarks as a sampling of marks where the
`word “SCOUT” or “SCOUTS” in the mark is used as the second term in the mark (similar to
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`how the Opposer displays SCOUT in some of their Scout marks) or is used as a singular mark
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`itself (as seen in Exhibit A). The Applicant believes that these approvals for registration
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`illustrate that the Opposer does not and should not have any exclusive right to use the term
`“SCOUT” in a mark and cause the opposition of another party’s ability to use it in a mark. With
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`that information, the Applicant believes that its RACK SCOUT mark is not, in any way, in direct
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`contravention and derogation of the rights granted to Opposer by Congress and does not pose
`any threat of infringement to the Opposer’s Scout marks to any greater degree than those found
`in the listing of approved marks containing the word “SCOUT” or “SCOUTS” as returned from
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`the TESS search results.
`3. For the Opposer’s allegation that “Relevant persons, including those persons for whom BSA’s
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`collective membership marks are displayed, are likely to believe that the services for which
`Applicant seek to register Applicant’s Mark emanate from, are endorsed by, or are in some way
`associated with BSA’s organization.” (Paragraph #27 from the Opposer’s Notice of Opposition),
`Applicant denies this allegation. The Applicant highlights that the Opposer states it “is a famous
`youth organization in the United States” and “has been engaged in the organization and
`management of programs for young people” (Paragraph #6 from the Opposer’s Notice of
`Opposition). The Applicant’s RACK SCOUT mark will exist and operate in a complete
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`different business space (commercial retail and on-line shopping) and will be considerably
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`different from that of the Opposer (of which the company confidential details are not disclosed in
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`this forum). The Applicant would also submit that from other marks containing the term
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`APPLICANT’S RESPONSE TO OPPOSER’S NOTICE OF OPPOSITION - 4
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`“SCOUT” or “SCOUTS” that have been granted by the USPTO, the Applicant believes that
`these approvals for registration illustrate that the Opposer’s statement is unfounded and holds no
`additional merit with regard to the Applicant’s mark nor should it be grounds to oppose the
`registration of the Applicant’s RACK SCOUT mark.
`4. For the Opposer’s allegation that “Applicant’s Mark so resembles Opposer’s Scout Marks, when
`used on or in connection with Applicant’s services, as to be likely to cause confusion, or to cause
`mistake, or to deceive.” (Paragraph #28 from the Opposer’s Notice of Opposition), Applicant
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`denies this allegation. Applicant cites the listing of 643 records of approved trademarks
`containing the term “SCOUT” or “SCOUTS” that have been granted by the USPTO. The
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`Applicant believes that its RACK SCOUT mark does not pose any threat of infringement to the
`Opposer’s Scout marks to any greater degree than those found in the listing, and that these
`approvals for registration illustrate that the Opposer’s statement is unfounded and holds no
`additional merit with regard to the Applicant’s mark nor should it be grounds to oppose the
`registration of the Applicant’s RACK SCOUT mark.
`5. For the Opposer’s allegation that “Applicant’s Mark is the same as or a close approximation of
`Opposer’s Scout Names and Identities as identified above.” (Paragraph #30 from the Opposer’s
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`Notice of Opposition), Applicant denies this allegation. The Applicant submits that the Opposer
`fails to illustrate proof that it has exclusive right to use the term “SCOUT” outside of it being
`“used to identify a member of Opposer’s organization and Opposer’s goods and services”
`(Paragraph #16 from the Opposer’s Notice of Opposition), of which the Applicant’s RACK
`SCOUT mark does not identify any member of the Opposer’s organization or the Opposer’s
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`goods and services. Applicant cites the listing of 643 records of approved trademarks containing
`the term “SCOUT” or “SCOUTS” that have been granted by the USPTO. The Applicant
`believes that its RACK SCOUT mark does not pose any threat of infringement to the Opposer’s
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`Scout marks to any greater degree than those found in the listing, and that these approvals for
`registration illustrate that the Opposer’s statement is unfounded and holds no additional merit
`with regard to the Applicant’s mark nor should it be grounds to oppose the registration of the
`Applicant’s RACK SCOUT mark.
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`APPLICANT’S RESPONSE TO OPPOSER’S NOTICE OF OPPOSITION - 5
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`6. For the Opposer’s allegation that “Applicant’s Mark, when used on or in connection with
`Applicant’s services, would be viewed by consumers as pointing uniquely and unmistakably to
`Opposer.” (Paragraph #31 from the Opposer’s Notice of Opposition), Applicant denies this
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`allegation. The Applicant performed a search for all LIVE trademarks currently cataloged within
`the TESS of marks that contain the word “SCOUT” or “SCOUTS” in the mark and that are listed
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`within International Class 035, and 211 records of approved trademarks were returned where 31
`marks have the word “SCOUT” or “SCOUTS” in the mark is used as the second term in the
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`mark (similar to how the Opposer displays SCOUT in some of their Scout marks) or is used as a
`singular mark itself. Two (2) marks in particular, “STYLE SCOUT” (Serial #85684426) and
`“DOG SCOUTS OF AMERICA” (Serial #77379480), have descriptions of their Goods and
`Services within International Class 035 that are also similar to the Opposer’s Scout mark. The
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`Applicant believes that its RACK SCOUT mark does not pose any threat of infringement to the
`Opposer’s Scout marks to any greater degree than those found in the listing, and that these
`approvals for registration illustrate that the Opposer’s statement is unfounded and holds no
`additional merit with regard to the Applicant’s mark. It also illustrates that the Opposer does not
`and should not have any exclusive right to use the term “SCOUT” in a mark, regardless of
`International Class association, and cause the opposition of another party’s ability to use it in the
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`registration of a mark.
`7. For the Opposer’s allegation that “The fame or reputation of Opposer is of such a nature that a
`connection with Opposer would be presumed by consumers when Applicant’s Mark is used in
`connection with its services.” (Paragraph #33 from the Opposer’s Notice of Opposition),
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`Applicant denies this allegation. The Applicant cites the 211 records of approved trademarks
`currently cataloged within the TESS of marks that contain the word “SCOUT” or “SCOUTS” in
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`the mark and that are listed within International Class 035, and two (2) marks in particular -
`“STYLE SCOUT” (Serial #85684426) and “DOG SCOUTS OF AMERICA” (Serial #77379480)
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`- that have descriptions of their Goods and Services within International Class 035 that are also
`similar to the Opposer’s Scout marks. The Applicant believes that it can be concluded that the
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`USPTO deemed the fame or reputation of Opposer would not be affected by the approved
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`APPLICANT’S RESPONSE TO OPPOSER’S NOTICE OF OPPOSITION - 6
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`registration of these trademarks. The Applicant believes that its RACK SCOUT mark does not
`pose any threat of infringement to the Opposer’s Scout marks to any greater degree than those
`found in the listing, and that these approvals for registration illustrate that the Opposer’s
`statement is unfounded and holds no additional merit with regard to the Applicant’s mark nor
`should it be grounds to oppose the registration of the Applicant’s RACK SCOUT mark.
`8. For the Opposer’s allegation that “Opposer’s Scout Marks have been famous from a time prior to
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`the filing date of the Application, from a time prior to the claimed priority date, and from a time
`prior to Applicant’s first use of Applicant’s Mark.” (Paragraph #36 from the Opposer’s Notice of
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`Opposition), Applicant admits this allegation. However, the Applicant states that its RACK
`SCOUT mark is in no way associated with or does not identify any member of the Opposer’s
`organization or the Opposer’s goods and services. Applicant believes that its RACK SCOUT
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`mark used in connection with its retail and online shopping services would further distinguish
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`and separate it from any of the identities and the known Scout marks used by the Opposer in
`connection with the Opposer being “a famous youth organization in the United States” and
`having “been engaged in the organization and management of programs for young people”
`(Paragraph #6 from the Opposer’s Notice of Opposition).
`9. For the Opposer’s allegation that “Applicant’s Mark is likely to cause dilution by blurring the
`distinctive quality of Opposer’s Scout Marks.” (Paragraph #37 from the Opposer’s Notice of
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`Opposition), Applicant denies this allegation. The Applicant cites the 643 records of approved
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`trademarks currently cataloged within the TESS (211 of those marks also listed within
`International Class 035) that contain the word “SCOUT” or “SCOUTS” in the mark, and where
`Applicant selected 57 trademarks as a sampling of marks where the word “SCOUT” or
`“SCOUTS” in the mark is used as the second term in the mark (similar to how the Opposer
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`displays SCOUT in some of their Scout marks) or is used as a singular mark itself. The
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`Applicant believes that it can be concluded that the USPTO deemed the approved registration of
`these trademarks is not likely to cause dilution by blurring the distinctive quality of Opposer’s
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`Scout Marks. The Applicant believes that its RACK SCOUT mark does not pose any threat of
`infringement to the Opposer’s Scout marks to any greater degree than those found in the listing,
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`APPLICANT’S RESPONSE TO OPPOSER’S NOTICE OF OPPOSITION - 7
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`and that these approvals for registration illustrate that the Opposer’s statement is unfounded and
`holds no additional merit with regard to the Applicant’s mark nor should it be grounds to oppose
`the registration of the Applicant’s RACK SCOUT mark.
`10. For the Opposer’s allegation that “If Applicant were granted registration of the Application
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`herein opposed, they would thereby obtain at least a prima facie exclusive right to the use of
`Applicant’s Mark. For the reasons set forth above, such registration would be a source of
`damage and injury to Opposer.” (Paragraph #38 from the Opposer’s Notice of Opposition),
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`Applicant denies this allegation. Applicant submits that the Opposer fails to illustrate proof that
`it has adopted use of “Rack Scout” and, as a result, has no exclusive right to use it. The
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`Applicant also submits that the Opposer fails to illustrate proof that it has exclusive right to use
`the term “SCOUT” outside of it being “used to identify a member of Opposer’s organization and
`Opposer’s goods and services” (Paragraph #16 from the Opposer’s Notice of Opposition), of
`which the Applicant’s RACK SCOUT mark does not identify any member of the Opposer’s
`organization or the Opposer’s goods and services. The Applicant submits that if any prima facie
`exclusive right can be claimed for use of “RACK SCOUT”, it should be granted to the Applicant
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`for first use of this mark in acquisition of the website domain www.rackscout.com (dated
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`Sunday, June 30, 2013 as seen in Exhibit B) where the name RACK SCOUT and a to-be-
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`registered stylized mark of the name appears on the website, as well as in a prototype mobile
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`application that has been created. The Applicant also cites the 643 records of approved
`trademarks currently cataloged within the TESS that contain the word “SCOUT” or “SCOUTS”
`in the mark, and where the word “SCOUT” or “SCOUTS” in the mark is used as the second term
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`in the mark (similar to how the Opposer displays SCOUT in some of their Scout marks) or is
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`used as a singular mark itself. The Applicant believes that it can be concluded that the USPTO
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`deemed the approved registration of these trademarks would not be a source of damage and
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`injury to Opposer. The Applicant believes that these approvals for registration illustrate proof
`that its RACK SCOUT mark does not pose any threat of infringement to the Opposer’s Scout
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`marks to any greater degree than those found in the listing, and that these approvals for
`registration illustrate that the Opposer’s statement is unfounded and holds no additional merit
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`APPLICANT’S RESPONSE TO OPPOSER’S NOTICE OF OPPOSITION - 8
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`with regard to the Applicant’s mark nor should it be grounds to oppose the registration of the
`Applicant’s RACK SCOUT mark.
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`By reason of the foregoing, the Applicant strongly believes that the Opposer would in no way be
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`damaged by the registration of its RACK SCOUT mark in International Class 035.
`WHEREFORE Applicant prays that this Opposition be overruled and that the Applicant’s RACK
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`SCOUT mark be allowed registration.
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`Correspondence Address
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`Please direct all communications to:
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`Charles Gatling
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`cgatling@ccgcreative.com
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`CCG Creative, LLC
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`1235 Ring Bill Loop
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`Upper Marlboro, MD 20774
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`DATED this 27th day of June, 2017.
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`Respectfully submitted,
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`CCG Creative, LLC
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`/Charles Gatling/
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`Charles Gatling
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`1235 Ring Bill Loop
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`Upper Marlboro, MD 20774
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`Telephone 301-246-2242
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`Facsimile: 301-298-5176
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`Self-represented Applicant, CCG Creative, LLC
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`APPLICANT’S RESPONSE TO OPPOSER’S NOTICE OF OPPOSITION - 9
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`I hereby certify that a true and complete copy of the foregoing APPLICANT’S RESPONSE TO
`OPPOSER’S NOTICE OF OPPOSITION has been served on Gary A. Hecht, Esq. by forwarding said
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`copy on the 27th day of June, 2017, via email to: Gary A. Hecht, Esq., Fox Rothschild LLP, P.O. Box
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`5231, Princeton, NJ 08543-5231, ghecht@frof.com, dmcgregor@frof.com, ipdocket@frof.com,
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`colszyk@frof.com.
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`Charles Gatling
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`APPLICANT’S RESPONSE TO OPPOSER’S NOTICE OF OPPOSITION - 10
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`THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Serial No.: 86/914322
`
`APPLICANT’S RESPONSE TO OPPOSER’S
`NOTICE OF OPPOSITION
`
`
`)
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`EXHIBIT A
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`4
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`Boy Scouts of America,
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`
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`vs.
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`Opposer,
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`7
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`CCG Creative, LLC,
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`Applicant
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`APPLICANT’S RESPONSE TO OPPOSER’S NOTICE OF OPPOSITION - 11
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`Refere(cid:374)ced U“PTO list of registered (cid:373)arks co(cid:374)tai(cid:374)i(cid:374)g the ter(cid:373) (cid:862)SCOUT(cid:863)
`
`Word Mark
`
`IFR SCOUT
`
`Goods and Services IC 009. US 021 023 026 036 038. G & S: software for receiving, processing, and displaying physiological
`measurements transmitted by a guide wire pulled through a blood vessel. FIRST USE: 20150300. FIRST
`USE IN COMMERCE: 20150300
`
`Standard
`Characters
`Claimed
`
`Mark Drawing
`Code
`
`
`
`(4) STANDARD CHARACTER MARK
`
`Serial Number
`
`86436011
`
`Filing Date
`
`October 27, 2014
`
`Current Basis
`
`Original Filing
`Basis
`
`Published for
`Opposition
`
`Registration
`Number
`
`1A
`
`1B
`
`December 23, 2014
`
`4828726
`
`Registration Date October 6, 2015
`
`Owner
`
`(REGISTRANT) Volcano Corporation CORPORATION DELAWARE Suite 500 3721 Valley Centre
`Drive San Diego CALIFORNIA 92130
`
`Attorney of Record EDWARD W. GOODMAN, ALBERT KAU, EDWARD BLOCKER, MICHAEL E. MARION, DAVID
`SCHREIBER
`
`Prior Registrations 4547958
`
`Type of Mark
`
`TRADEMARK
`
`PRINCIPAL
`
`LIVE
`
`Register
`
`Live/Dead
`Indicator
`
`
`
`
`
`Word Mark TURBO SCOUT
`
`Goods and
`Services
`
`IC 037. US 100 103 106. G & S: Directional drilling services for oil gas and geothermal wells, namely,
`providing equipment in the nature of rental of well drilling tools and/or personnel in the nature of consulting
`services for drilling oil, gas and geothermal wells that include at least a portion of the well that is deviated
`from vertical toward a target downhole location; rental of downhole drilling tools used for drilling oil gas and
`geothermal wells; consulting services regarding drilling tools for use in drilling off oil, gas and geothermal
`wells that include at least a portion of the well that is deviated from vertical toward a target downhole
`location. FIRST USE: 20140306. FIRST USE IN COMMERCE: 20140306
`
`Standard
`Characters
`Claimed
`
`
`
`Mark Drawing
`Code
`
`(4) STANDARD CHARACTER MARK
`
`Serial Number 86512114
`
`Filing Date
`
`January 23, 2015
`
`Current Basis
`
`1A
`
`

`

`Original Filing
`Basis
`
`1B
`
`Published for
`Opposition
`
`Registration
`Number
`
`Registration
`Date
`
`Owner
`
`Attorney of
`Record
`
`June 16, 2015
`
`5124895
`
`January 17, 2017
`
`(REGISTRANT) Turbo Drill Industries, Inc. CORPORATION TEXAS 1125 Beach Airport Drive Conroe
`TEXAS 77301
`
`Russell N. Rippamonti
`
`Type of Mark SERVICE MARK
`
`Register
`
`PRINCIPAL
`
`Live/Dead
`Indicator
`
`LIVE
`
`Word Mark GINGA SCOUT
`
`Goods and
`Services
`
`IC 042. US 100 101. G & S: Providing a website that gives users the ability to create customized web pages
`featuring user-defined profiles. FIRST USE: 20151101. FIRST USE IN COMMERCE: 20151101
`
`Mark Drawing
`Code
`
`Design Search
`Code
`
`(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
`
`21.03.15 - Soccer balls; Volleyballs
`
`Serial Number
`
`86829821
`
`Filing Date
`
`November 24, 2015
`
`Current Basis
`
`Original Filing
`Basis
`
`1A
`
`1A
`
`Published for
`Opposition
`
`Registration
`Number
`
`October 18, 2016
`
`5112233
`
`Registration Date January 3, 2017
`
`Owner
`
`Disclaimer
`
`(REGISTRANT) Ginga Scout CORPORATION FLORIDA 12864 Biscayne Blvd #286 North Miami
`FLORIDA 33181
`
`NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "SCOUT" APART FROM THE MARK
`AS SHOWN
`
`Description of
`Mark
`
`Color is not claimed as a feature of the mark. The mark consists of the spelling of the word "Ginga"
`followed by the word "Scout", and features a soccer ball to the right of both words.
`
`Type of Mark
`
`SERVICE MARK
`
`Register
`
`Live/Dead
`Indicator
`
`PRINCIPAL
`
`LIVE
`
`Word Mark SCOUT
`
`Goods and
`Services
`
`IC 009. US 021 023 026 036 038. G & S: A portable electronic condition monitoring instrument that
`collects and analyzes data relating to the vibration, electrical current, pressure, temperature and other
`
`
`
`
`
`
`
`
`
`

`

`operating parameters of industrial machines. FIRST USE: 20111130. FIRST USE IN COMMERCE:
`20111130
`
`Standard
`Characters
`Claimed
`
`Mark Drawing
`Code
`
`
`
`(4) STANDARD CHARACTER MARK
`
`Serial Number
`
`86873681
`
`Filing Date
`
`January 13, 2016
`
`Current Basis
`
`1A
`
`Original Filing
`Basis
`
`1A
`
`Published for
`Opposition
`
`Registration
`Number
`
`June 7, 2016
`
`5026668
`
`Registration Date August 23, 2016
`
`Owner
`
`Attorney of
`Record
`
`(REGISTRANT) Bently Nevada, Inc. CORPORATION DELAWARE 1631 Bently Parkway S Minden
`NEVADA 89423
`
`Marina Bongiorno
`
`Type of Mark
`
`TRADEMARK
`
`Register
`
`Live/Dead
`Indicator
`
`PRINCIPAL
`
`LIVE
`
`
`
`
`
`Word Mark
`
`SCOUT
`
`Goods and Services IC 010. US 026 039 044. G & S: Medical device that utilizes radar technology to localize and improve
`surgical accuracy in the treatment of cancer. FIRST USE: 20140708. FIRST USE IN COMMERCE:
`20140708
`
`Standard
`Characters Claimed
`
`
`
`Mark Drawing Code (4) STANDARD CHARACTER MARK
`
`Serial Number
`
`86363107
`
`Filing Date
`
`August 11, 2014
`
`Current Basis
`
`1A
`
`Original Filing Basis 1A
`
`Published for
`Opposition
`
`Registration
`Number
`
`January 20, 2015
`
`4715453
`
`Registration Date
`
`April 7, 2015
`
`Owner
`
`Assignment
`Recorded
`
`(REGISTRANT) Cianna Medical, Inc. CORPORATION DELAWARE 6 Journey, Suite 125 Aliso Viejo
`CALIFORNIA 92656
`
`ASSIGNMENT RECORDED
`
`Attorney of Record E. Lynn Perry
`
`Prior Registrations 4614267
`
`Type of Mark
`
`TRADEMARK
`
`Register
`
`PRINCIPAL
`
`

`

`
`
`
`
`
`
`
`
`Live/Dead Indicator LIVE
`
`Word Mark
`
`POOL SCOUTS
`
`Goods and Services IC 037. US 100 103 106. G & S: Swimming pool maintenance, repair and cleaning services; hot tub and
`spa maintenance, repair and cleaning services. FIRST USE: 20160203. FIRST USE IN COMMERCE:
`20160203
`
`Standard
`Characters Claimed
`
`
`
`Mark Drawing
`Code
`
`(4) STANDARD CHARACTER MARK
`
`Serial Number
`
`86851212
`
`Filing Date
`
`December 16, 2015
`
`Current Basis
`
`Original Filing
`Basis
`
`Published for
`Opposition
`
`Registration
`Number
`
`1A
`
`1B
`
`May 24, 2016
`
`5061045
`
`Registration Date October 11, 2016
`
`Owner
`
`(REGISTRANT) Pool Scouts Franchising, LLC LIMITED LIABILITY COMPANY VIRGINIA 349
`Southport Circle, Suite 106 Virginia Beach VIRGINIA 23452
`
`(LAST LISTED OWNER) BFB IP, LLC LIMITED LIABILITY COMPANY VIRGINIA 349
`SOUTHPORT CIRCLE SUITE 106 VIRGINIA BEACH VIRGINIA 23452
`
`Assignment
`Recorded
`
`ASSIGNMENT RECORDED
`
`Attorney of Record Nicole J. Harrell
`
`Disclaimer
`
`NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "POOL" APART FROM THE MARK
`AS SHOWN
`
`Type of Mark
`
`SERVICE MARK
`
`Register
`
`PRINCIPAL
`
`Live/Dead Indicator LIVE
`
`Word Mark POOL SCOUTS
`
`Goods and
`Services
`
`IC 037. US 100 103 106. G & S: Swimming pool maintenance, repair and cleaning services; hot tub and spa
`maintenance, repair and cleaning services. FIRST USE: 20160203. FIRST USE IN COMMERCE: 20160203
`
`Mark Drawing
`Code
`
`Design Search
`Code
`
`(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
`
`01.01.10 - Stars, three or more; Three or more stars
`01.01.13 - Stars - multiple stars with five points
`06.03.03 - Ocean; Ripples (multiple waves); Waves, open sea (multiple waves)
`09.01.04 - Bows, decorative; Ribbons, giftwrap (gift wrap); Ribbons, hair
`09.03.16 - Collars (clothing); Cuffs (clothing); Embroidery on clothing pockets; Pockets; Pockets, clothing
`with embroidery or stitching; Sleeves (clothing); Stitching on clothing pockets; Waistband (clothing)
`
`Serial Number 86851186
`
`Filing Date
`
`December 16, 2015
`
`Current Basis
`
`1A
`
`

`

`Original Filing
`Basis
`
`1B
`
`Published for
`Opposition
`
`Registration
`Number
`
`Registration
`Date
`
`Owner
`
`Assignment
`Recorded
`
`Attorney of
`Record
`
`Disclaimer
`
`May 24, 2016
`
`5061043
`
`October 11, 2016
`
`(REGISTRANT) Pool Scouts Franchising, LLC LIMITED LIABILITY COMPANY VIRGINIA 349
`Southport Circle, Suite 106 Virginia Beach VIRGINIA 23452
`
`(LAST LISTED OWNER) BFB IP, LLC LIMITED LIABILITY COMPANY VIRGINIA 349 SOUTHPORT
`CIRCLE SUITE 106 VIRGINIA BEACH VIRGINIA 23452
`
`ASSIGNMENT RECORDED
`
`Nicole J. Harrell
`
`NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "POOL" APART FROM THE MARK AS
`SHOWN
`
`Description of
`Mark
`
`Color is not claimed as a feature of the mark. The mark consists of the word "POOL" in all caps at the top of
`a pocket design with a multiple star design beneath it, and a wave design at the bottom of the pocket, with the
`word "SCOUTS" on a ribbon design in the middle of the pocket.
`
`Type of Mark
`
`SERVICE MARK
`
`Register
`
`PRINCIPAL
`
`Live/Dead
`Indicator
`
`LIVE
`
`
`
`
`
`Word Mark REVEL SCOUT
`
`Goods and
`Services
`
`IC 009. US 021 023 026 036 038. G & S: HAND-HELD LIGHTS, NAMELY, WORK LIGHTS FOR USE
`IN FIRE AND EMERGENCY RESPONSE, NAMELY, EMERGENCY WARNING LIGHTS, FLASHING
`AND STEADY SAFETY LIGHTS, PORTABLE LED SAFETY LIGHTING DEVICES FOR PERSONAL
`USE FOR SAFETY PURPOSES; AREA LIGHTS IN THE NATURE OF PORTABLE LIGHTS THAT CAN
`BE POSITIONED IN ANY DIRECTION FOR ILLUMINATING A WORK OR EMERGENCY AREA,
`NAMELY, EMERGENCY WARNING LIGHTS, FLASHING AND STEADY SAFETY LIGHTS,
`PORTABLE LED SAFETY LIGHTING DEVICES FOR PERSONAL USE FOR SAFETY PURPOSES.
`FIRST USE: 20160324. FIRST USE IN COMMERCE: 20160324
`
`Standard
`Characters
`Claimed
`
`
`
`Mark Drawing
`Code
`
`(4) STANDARD CHARACTER MARK
`
`Serial Number 86611242
`
`Filing Date
`
`April 27, 2015
`
`Current Basis
`
`1A
`
`Original Filing
`Basis
`
`1B
`
`Published for
`Opposition
`
`Registration
`Number
`
`Registration
`Date
`
`January 12, 2016
`
`5101162
`
`December 13, 2016
`
`

`

`
`
`
`
`
`
`
`
`Owner
`
`Attorney of
`Record
`
`(REGISTRANT) Akron Brass Company CORPORATION DELAWARE 343 Venture Blvd. Wooster OHIO
`44691
`
`Craig T. Boyd
`
`Type of Mark TRADEMARK
`
`Register
`
`PRINCIPAL
`
`Live/Dead
`Indicator
`
`LIVE
`
`Word Mark SCOUT
`
`Goods and
`Services
`
`IC 009. US 021 023 026 036 038. G & S: Computer software for identifying

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