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`ESTTA Tracking number:
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`ESTTA833244
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`Filing date:
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`07/13/2017
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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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`07/13/2017
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`Attachments
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`CCGC-Response-To-Motion-To-Strike-3rd-Answer-BSoA.pdf(249963 bytes )
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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
`MOTIONS TO STRIKE APPLICANT’S
`THIRD ANSWER
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`Dated this 13th day of July, 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
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`APPLICANT’S RESPONSE TO OPPOSER’S MOTION TO STRIKE - 1
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`APPLICANT’S RESPONSE TO
`OPPOSER’S MOTIONS TO STRIKE APPLICANT’S THIRD ANSWER
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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 contained in
`the Opposer’s Motion To Strike Applicant’s Third Answer filed July 13, 2017;
`1. For the Opposer’s allegation that the Applicant “has failed repeatedly to file a timely, rule-
`compliant answer to Opposer’s Notice of Opposition (the “Notice”).”, .” (Non-numbered
`Paragraph #1 from the Opposer’s Motion To Strike Applicant’s Third Answer), Applicant admits
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`this allegation, with clarification. Applicant specifically cited each allegation against its RACK
`SCOUT mark using the allegation’s quoted text from the Opposer’s Notice of Opposition,
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`followed by the reference of the specific paragraph containing the allegation placed in
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`parentheses, and then concluding with the denial or admittance for the allegation. The Applicant
`calls attention to the previous highlighted statement “against its RACK SCOUT mark” which
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`serves to note that it only cited and referenced statements from the thirty-eight (38) numbered
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`paragraphs that put forth an allegation against its RACK SCOUT mark. Any other statements
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`from any of the remaining numbered paragraphs were not referenced in any way with an
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`admittance or denial of the statements or paragraphs. Applicant responded in this manner from
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`APPLICANT’S RESPONSE TO OPPOSER’S MOTION TO STRIKE - 2
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`the interpretation of Fed. R. Civ. P. 8(b), specifically 8(b)(1)(A) and 8(b)(1)(B), the Applicant
`must “state in short and plain terms its defenses to each claim asserted against it” and “admit or
`deny the allegations asserted against it by an opposing party”. From that, Applicant concluded
`that since other paragraphs from the Opposer’s Notice of Opposition did not necessarily contain
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`allegations directly against its RACK SCOUT mark, that they did not warrant an
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`admittance/denial. Per contra, other statements from Paragraphs 20, 25, 27, 28, 30, 31, 33, 37,
`36, and 38 of the Opposer’s Notice of Opposition did contain what the Applicant perceived as
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`allegations directly against its RACK SCOUT mark, and the Applicant cites each allegation and
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`responds according to the rules governing this proceeding. The Applicant submits that it put
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`forth a good faith effort to fully comply with Fed. R. Civ. P. 8(b), made applicable to this
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`proceeding by Trademark Rule 2.116(a) as directed by the Trademark Trial and Appeal Board
`(hereinafter “TTAB”). The Applicant prays that the TTAB understands the Applicant’s
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`misinterpretation of the rule, not enter default judgment against the Applicant, and accept a
`revised fifth version of its Response to the Opposer’s Notice of Opposition that will be filed
`directly following the filing of this response to the Opposer’s Motions to Strike the Applicant’s
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`Third Answer.
`2. For the Opposer’s allegation that the Applicant’s “Third Answer, like the First and Second
`Answers, improperly argues the merits of Opposer’s claims.”, (Non-numbered Paragraph #7
`from the Opposer’s Motion To Strike Applicant’s Third Answer), Applicant denies this
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`allegation. Applicant humbly submits that the information provided in its answer is not an
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`argument but a presentation of substantive evidence to deny any allegations put forth by the
`Opposer. To ensure compliance with Fed. R. Civ. P. 8(b), and furthermore 8(b)(2), Applicant’s
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`has attempted in good faith to fairly respond to the substance of the allegation, which the
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`Applicant interprets as the essential parts of each allegation. Applicant submits that an answer
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`may include affirmative assertions that, although they may not rise to the level of an affirmative
`defense, nevertheless state the reasons for, and thus amplify, the defendant’s denial of one or
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`more of the allegations in the complaint. These amplifications of denials, whether referred to as
`“affirmative defenses,” “avoidances,” “affirmative pleadings,” or “arguments,” may be permitted
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`APPLICANT’S RESPONSE TO OPPOSER’S MOTION TO STRIKE - 3
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`by the TTAB because they serve to give the plaintiff fuller notice of the position which the
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`defendant plans to take in defense of its right to registration. See Blackhorse v. Pro-Football
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`Inc., 98 USPQ2d 1633, 1637-38 (TTAB 2011); Morgan Creek Productions Inc. v. Foria
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`International Inc., 91 USPQ2d 1134, 1136 (TTAB 2009); Order of Sons of Italy in America v.
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`Profumi Fratelli Nostra AG, 36 USPQ2d 1221, 1223 (TTAB 1995).
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`By reason of the foregoing, the Applicant continues to submit that the Opposer would in no way
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`be damaged by the registration of its RACK SCOUT mark in International Class 035.
`WHEREFORE Applicant prays that the TTAB understand the Applicant’s misinterpretation of
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`Fed. R. Civ. P. 8(b), not enter default judgment against the Applicant, and accept a revised fifth version
`of its Response to the Opposer’s Notice of Opposition. Applicant also continues to pray that this
`Opposition be overruled and that the Applicant’s RACK SCOUT mark be allowed registration.
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`APPLICANT’S RESPONSE TO OPPOSER’S MOTION TO STRIKE - 4
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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 13th day of July, 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 MOTION TO STRIKE - 5
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`I hereby certify that a true and complete copy of the foregoing APPLICANT’S RESPONSE TO
`OPPOSER’S MOTION TO STRIKE APPLICANT’S THIRD ANSWER has been served on Gary A.
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`Hecht, Esq. by forwarding said copy on the 13th day of July, 2017, via email to: Gary A. Hecht, Esq.,
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`Fox Rothschild LLP, P.O. Box 5231, Princeton, NJ 08543-5231, ghecht@frof.com,
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`dmcgregor@frof.com, ipdocket@frof.com, colszyk@frof.com.
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`/Charles Gatling/
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`Charles Gatling
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`APPLICANT’S RESPONSE TO OPPOSER’S MOTION TO STRIKE - 6
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