`
`ESTTA Tracking number:
`
`ESTTA808071
`
`Filing date:
`
`03/19/2017
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91232896
`
`Party
`
`Correspondence
`Address
`
`Defendant
`CCG Creative, LLC
`
`CCG CREATIVE, LLC
`CCG CREATIVE, LLC
`1235 RING BILL LOOP
`UPPER MARLBORO, MD 20774
`
`Submission
`
`Filer's Name
`
`Filer's e-mail
`
`Signature
`
`Date
`
`cgatling@ccgcreative.com
`
`Answer
`
`Charles Gatling
`
`cgatling@ccgcreative.com
`
`/Charles Gatling/
`
`03/19/2017
`
`Attachments
`
`Response-To-Notice-Of-Opposition-BSoA.pdf(472621 bytes )
`
`
`
`
`
`
`
`1235 RING BILL LOOP, UPPER MARLBORO, MD 20774
`
`TEL 301-246-CCGC (2242)
`
`info@ccgcreative.com
`
`www.ccgcreative.com
`
`
`
`Response to the Notice of Opposition
`
`CCG Creative, LLC (“CCG Creative”, herein referred to as “Applicant”), having an address at 1235 Ring Bill
`
`Loop, Upper Marlboro, MD. 20774 believes that no damage will be done to the 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 035 for “Retail on-line department stores; on-line retail store
`services featuring a wide variety of consumer goods; online retail store services featuring shoes; online
`
`retail store services featuring clothing, accessories, footwear, hats, belts, gloves, scarves, bags,
`handbags, packs, purses, luggage, briefcases, watches, jewelry, eyewear, home products, housewares,
`home décor, kitchen and cooking products, dishes, glassware, cutlery, bathroom products, 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 as grounds to grant the registration of the mark;
`
`The Applicant performed a search for all LIVE trademarks currently cataloged within the Trademark
`Electronic Search System (“TESS”) maintained by the United States Patent and Trademark Office
`(“USPTO”), and 637 records were returned. From those 637 records, Applicant selected 57 approved
`
`trademarks as a sampling of marks that contain the word “SCOUT” or “SCOUTS” in the mark, and where
`either term is used as the second term in the mark (similar to how the Opposer displays SCOUT in some
`of their SCOUT marks) or is used as a singular mark itself.
`
`Notwithstanding the Opposer’s claims of use, their citing the importance of protecting Opposer’s marks
`
`from unauthorized use, the Applicant wishes to respectfully call attention to other approved
`registrations of marks that also contain the word “SCOUT”. The Applicant wishes to highlight the fact
`that from the approved registration of these marks, it can be concluded that the USPTO deemed these
`
`trademark registrations as not harmful to the current marks registered by the Opposer and has thus
`granted registration of that sampling of 57 marks, and all of the other 580 marks. The Applicant would
`like to state that its RACK SCOUT mark does not pose any threat of infringement to the Opposer’s marks
`
`to any greater degree than those found in the listing of approved marks containing the word “SCOUT” or
`“SCOUTS” as returned from the search in TESS. Therefore, the Applicant believes that its mark will in no
`
`way cause any damage to the Opposer and its registered SCOUT marks. Furthermore, there is only one
`of the Opposer’s marks (SCOUTSTUFF.ORG) that falls in the same International Class 035 as does the
`Applicant’s mark, of which the Applicant’s mark makes a clear distinction between it and the Opposer’s
`
`mark via the description of items covered in International Class 035. The Applicant believes this further
`solidifies the belief that it’s RACK SCOUT mark will in no way damage or infringe upon any marks
`associated with the Opposer.
`
`
`
`The Opposer states that in view of their registered SCOUT marks, they have priority in the opposition of
`the Applicant’s RACK SCOUT mark. The Applicant feels this is an incorrect statement and unfounded
`
`with respect to opposing the registration of the Applicant’s mark due to the fact that the RACK SCOUT
`mark will in no way be confused with any mark owned by the Opposer. This again can be supported by
`
`the USPTO’s registrations of other marks containing the word “SCOUT”.
`
`The Applicant would also like to address the Opposer’s statement that “it will assert its common-law
`
`rights resulting from its ownership and use of its unregistered Scout Marks in connection with its various
`goods and services”. From the aforementioned list of approved marks that contain the word “SCOUT”
`or “SCOUTS” in the mark, it again can be concluded that the USPTO deemed these trademark
`
`registrations as not harmful to the current marks registered by the Opposer and has not upheld any sole
`ownership or use of any of those words contained in the registered or unregistered SCOUT Marks
`claimed by the Opposer. In addition, the Opposer does not indicate any common law right to use “RACK
`
`SCOUT” nor do they claim this as an unregistered SCOUT mark, which the Applicant believes should
`further support the registration of its RACK SCOUT mark. The Applicant argues that if any common law
`
`rights can be claimed for use of “RACK SCOUT” they would be granted to the Applicant for first use of
`this mark in acquisition of the website domain www.rackscout.com (dated Sunday, June 30, 2013 as
`seen in the email confirmation attached hereto as Exhibit B.) where the name RACK SCOUT and a to-be-
`
`registered stylized mark of the name appears on the website, as well as in a prototype mobile
`application that has been created.
`
`With this information presented, the Applicant submits that the 4 grounds for relief as outlined in the
`Opposer’s Notice of Opposition are not valid for the registration of its RACK SCOUT mark, will not
`
`adversely affect or infringe upon the business or activities of the Opposer, and in no way should be
`grounds to withhold the registration of the Applicant’s mark.
`
`To address the use of the RACK SCOUT mark as a trademark in commerce in the United States in
`connection with the goods listed in the ’322 Application or any other goods or services prior to the filing
`date of February 20, 2016, the Applicant submits the following information as clarification. Prior to filing
`
`the registration application, the Applicant used the name in acquisition of the website domain
`www.rackscout.com (dated Sunday, June 30, 2013 as seen in the email confirmation attached hereto as
`
`Exhibit B.) where the name RACK SCOUT and a to-be-registered stylized mark of the name appears on
`the website, as well as in a prototype mobile application that had been created. Upon filing the
`registration application, the Applicant believed that this prior use of RACK SCOUT constituted use of the
`
`mark in commerce. Upon filing the application and it later being examined by the Trademark Examining
`Attorney, it was determined that those instances did not constitute use of the mark in commerce prior
`to the filing and the application basis had to be amended to “intent to use” which is the current basis for
`
`the Application.
`
`By reason of the foregoing, the Applicant strongly believes that the Opposer would in no way be
`damaged by the registration of the mark RACK SCOUT in International Class 035 to Applicant.
`
`WHEREFORE Applicant prays that this Opposition be overruled and that the Applicant’s RACK SCOUT
`mark be allowed registration.
`
`Correspondence Address
`Please direct all communications to:
`
`
`
`Charles Gatling
`cgatling@ccgcreative.com
`
`CCG Creative, LLC
`1235 Ring Bill Loop
`
`Upper Marlboro, MD 20774
`
`DATED this 19th day of March, 2017.
`
`Respectfully submitted,
`CCG Creative, LLC
`
`/Charles Gatling/
`Charles Gatling
`
`1235 Ring Bill Loop
`Upper Marlboro, MD 20774
`Telephone 301-246-2242
`
`Facsimile: 301-298-5176
`Self-represented Applicant, CCG Creative, LLC
`
`
`
`
`
`
`
`Referenced USPTO list of registered marks containing the term “SCOUT”
`
`
`
`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
`
`Owner
`
`January 12, 2016
`
`5101162
`
`December 13, 2016
`
`(REGISTRANT) Akron Brass Company CORPORATION DELAWARE 343 Venture Blvd. Wooster OHIO
`44691
`
`
`
`Attorney of
`Record
`
`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 a human subject
`experimentation testbed with applications to the supervisory control of autonomous systems concerning
`PHYSICAL AND MENTAL CHALLENGES FACED WHILE OPERATING AN UNMANNED AIR
`VEHICLE. FIRST USE: 20140201. FIRST USE IN COMMERCE: 20140201
`
`Standard
`Characters
`Claimed
`
`
`
`Mark Drawing
`Code
`
`(4) STANDARD CHARACTER MARK
`
`Serial Number
`
`86919582
`
`Filing Date
`
`February 25, 2016
`
`Current Basis
`
`1A
`
`Original Filing
`Basis
`
`1A
`
`Published for
`Opposition
`
`Registration
`Number
`
`Registration
`Date
`
`Owner
`
`Attorney of
`Record
`
`October 18, 2016
`
`5112452
`
`January 3, 2017
`
`(REGISTRANT) The Department of the Navy FEDERAL AGENCY UNITED STATES 875 N. Randolph
`St. Arlington VIRGINIA 22203
`
`Michael Badagliacca
`
`Type of Mark
`
`TRADEMARK
`
`Register
`
`PRINCIPAL
`
`Live/Dead
`Indicator
`
`LIVE
`
`Word Mark
`
`SCOUT
`
`Goods and Services IC 012. US 019 021 023 031 035 044. G & S: Racks for vehicles for strollers. FIRST USE: 20150416.
`FIRST USE IN COMMERCE: 20150725
`
`Mark Drawing
`Code
`
`(5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM
`
`Serial Number
`
`86658282
`
`Filing Date
`
`June 10, 2015
`
`Current Basis
`
`Original Filing
`Basis
`
`1A
`
`1B
`
`
`
`
`
`
`
`Published for
`Opposition
`
`Registration
`Number
`
`October 27, 2015
`
`5009262
`
`Registration Date
`
`July 26, 2016
`
`Owner
`
`(REGISTRANT) Fourth Row, LLC DBA Scout Family Equipment LIMITED LIABILITY COMPANY
`TEXAS 3102 Beverly Rd Austin TEXAS 78703
`
`Description of Mark Color is not claimed as a feature of the mark. The mark consists of a custom stylized version of the word
`"SCOUT".
`
`Type of Mark
`
`TRADEMARK
`
`Register
`
`PRINCIPAL
`
`Live/Dead Indicator LIVE
`
`Word Mark
`
`SCOUT
`
`Goods and Services
`
`IC 012. US 019 021 023 031 035 044. G & S: Racks for vehicles for strollers. FIRST USE: 20150416.
`FIRST USE IN COMMERCE: 20150725
`
`Standard Characters
`Claimed
`
`
`
`Mark Drawing Code
`
`(4) STANDARD CHARACTER MARK
`
`Serial Number
`
`86658248
`
`Filing Date
`
`Current Basis
`
`Original Filing Basis
`
`Published for
`Opposition
`
`June 10, 2015
`
`1A
`
`1B
`
`October 27, 2015
`
`Registration Number
`
`5009261
`
`Registration Date
`
`July 26, 2016
`
`Owner
`
`(REGISTRANT) Fourth Row, LLC DBA Scout Family Equipment LIMITED LIABILITY
`COMPANY TEXAS 3102 Beverly Rd Austin TEXAS 78703
`
`Type of Mark
`
`TRADEMARK
`
`Register
`
`PRINCIPAL
`
`Live/Dead Indicator
`
`LIVE
`
`Word Mark TOMAHAWK SCOUT
`
`Goods and
`Services
`
`Standard
`Characters
`Claimed
`
`Mark Drawing
`Code
`
`IC 007. US 013 019 021 023 031 034 035. G & S: Industrial pipe cleaning, leak detection, liquid removal,
`and condition assessment machines, for use in the liquid and gas transport pipe industry. FIRST USE:
`20150129. FIRST USE IN COMMERCE: 20150129
`
`
`
`(4) STANDARD CHARACTER MARK
`
`Serial Number
`
`86073189
`
`Filing Date
`
`September 24, 2013
`
`Current Basis
`
`1A;44E
`
`Original Filing
`Basis
`
`1B;44D
`
`
`
`
`
`
`
`Published for
`Opposition
`
`Registration
`Number
`
`February 23, 2016
`
`4953644
`
`Registration Date May 10, 2016
`
`Owner
`
`Attorney of
`Record
`
`(REGISTRANT) ENVIROLOGICS ENGINEERING INC. CORPORATION CANADA Unit 5, 193
`Manitoba Street Bracebridge, Ontario CANADA P1L1S3
`
`John M. Skeriotis
`
`Priority Date
`
`August 23, 2013
`
`Type of Mark
`
`TRADEMARK
`
`Register
`
`Live/Dead
`Indicator
`
`PRINCIPAL
`
`LIVE
`
`Word Mark
`
`STRATEGY SCOUT
`
`Goods and Services IC 035. US 100 101 102. G & S: Business management consulting, namely, providing business
`management consulting services to small businesses. FIRST USE: 20160101. FIRST USE IN
`COMMERCE: 20160101
`
`Standard
`Characters Claimed
`
`
`
`Mark Drawing
`Code
`
`(4) STANDARD CHARACTER MARK
`
`Serial Number
`
`86681377
`
`Filing Date
`
`July 2, 2015
`
`Current Basis
`
`Original Filing
`Basis
`
`Published for
`Opposition
`
`Registration
`Number
`
`1A
`
`1B
`
`December 1, 2015
`
`4942966
`
`Registration Date April 19, 2016
`
`Owner
`
`Assignment
`Recorded
`
`(REGISTRANT) STRATEGY SCOUT LLC LIMITED LIABILITY COMPANY SOUTH CAROLINA
`2230 OCEOLA ST. COLUMBIA SOUTH CAROLINA 29205
`
`ASSIGNMENT RECORDED
`
`Attorney of Record John Salcido
`
`Disclaimer
`
`NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "STRATEGY" APART FROM THE
`MARK AS SHOWN
`
`Type of Mark
`
`SERVICE MARK
`
`Register
`
`PRINCIPAL
`
`Live/Dead Indicator LIVE
`
`Word Mark TOY SCOUT
`
`Goods and
`Services
`
`IC 041. US 100 101 107. G & S: Education services, namely, providing live and on-line programs and
`seminars accessible by videos in the field of collectible toys and toy related items; Educational services,
`namely, conducting programs and seminars accessible by videos in the field of collectible toys and toy related
`
`
`
`
`
`
`
`items; Providing classes, workshops, seminars and camps in the field of collectible toys and toy related items;
`Provision of information in the field of leisure activities, namely, collecting toys and toy related items, all of
`the above services directed to adults. FIRST USE: 20140515. FIRST USE IN COMMERCE: 20140515
`
`Standard
`Characters
`Claimed
`
`
`
`Mark Drawing
`Code
`
`(4) STANDARD CHARACTER MARK
`
`Serial Number 86323231
`
`Filing Date
`
`June 27, 2014
`
`Current Basis
`
`1A
`
`Original Filing
`Basis
`
`1A
`
`Published for
`Opposition
`
`Registration
`Number
`
`Registration
`Date
`
`Owner
`
`Attorney of
`Record
`
`Disclaimer
`
`May 12, 2015
`
`4876704
`
`December 29, 2015
`
`(REGISTRANT) Magee, Joel INDIVIDUAL UNITED STATES 1162 South Harbor Drive Singer Island
`FLORIDA 33404
`
`Michael J Posner
`
`NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "TOY" APART FROM THE MARK AS
`SHOWN
`
`Type of Mark
`
`SERVICE MARK
`
`Register
`
`PRINCIPAL
`
`Live/Dead
`Indicator
`
`LIVE
`
`
`
`Word Mark THE TOY SCOUT
`
`Goods and
`Services
`
`IC 041. US 100 101 107. G & S: Education services, namely, providing live and on-line programs and
`seminars accessible by videos in the field of collectible toys and toy related items; Educational services,
`namely, conducting programs and seminars accessible by videos in the field of collectible toys and toy related
`items; Providing classes, workshops, seminars and camps in the field of collectible toys and toy related items;
`Provision of information in the field of leisure activities, namely, collecting toys and toy related items, all of
`the above services are directed to adults. FIRST USE: 20140515. FIRST USE IN COMMERCE: 20140515
`
`Mark Drawing
`Code
`
`Design Search
`Code
`
`(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
`
`02.01.26 - Men, mechanical men, robots; Robots (men)
`
`Serial Number 86388833
`
`Filing Date
`
`September 8, 2014
`
`Current Basis 1A
`
`Original Filing
`Basis
`
`1A
`
`Published for
`Opposition
`
`Registration
`Number
`
`May 12, 2015
`
`4876741
`
`
`
`Registration
`Date
`
`Owner
`
`Attorney of
`Record
`
`Disclaimer
`
`December 29, 2015
`
`(REGISTRANT) Magee, Joel INDIVIDUAL UNITED STATES 1162 South Harbor Drive Singer Island
`FLORIDA 33404
`
`Michael Posner
`
`NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "TOY" APART FROM THE MARK AS
`SHOWN
`
`Description of
`Mark
`
`Color is not claimed as a feature of the mark. The mark consists of a stylized robot with shadow adjacent to the
`words "Toy Scout".
`
`Type of Mark SERVICE MARK
`
`Register
`
`PRINCIPAL
`
`Live/Dead
`Indicator
`
`LIVE
`
`Word Mark
`
`SUBJECT SCOUTS
`
`Goods and Services
`
`IC 009. US 021 023 026 036 038. G & S: Downloadable educational course materials in the field of
`English and Language Arts. FIRST USE: 20150331. FIRST USE IN COMMERCE: 20150331
`
`Standard Characters
`Claimed
`
`
`
`Mark Drawing Code (4) STANDARD CHARACTER MARK
`
`Serial Number
`
`86584535
`
`Filing Date
`
`April 1, 2015
`
`Current Basis
`
`1A
`
`Original Filing Basis 1A
`
`Published for
`Opposition
`
`Registration
`Number
`
`June 30, 2015
`
`4812949
`
`Registration Date
`
`September 15, 2015
`
`Owner
`
`(REGISTRANT) Byrne Publishing, LLC LIMITED LIABILITY COMPANY DELAWARE 181
`Umbrella Place Jupiter FLORIDA 33458
`
`Type of Mark
`
`TRADEMARK
`
`Register
`
`PRINCIPAL
`
`Live/Dead Indicator LIVE
`
`Word Mark
`
`POOP SCOUTS
`
`Goods and Services
`
`IC 037. US 100 103 106. G & S: Pet waste removal services. FIRST USE: 20060315. FIRST USE
`IN COMMERCE: 20060328
`
`Standard Characters
`Claimed
`
`
`
`Mark Drawing Code
`
`(4) STANDARD CHARACTER MARK
`
`Serial Number
`
`86451086
`
`Filing Date
`
`Current Basis
`
`Original Filing Basis
`
`November 11, 2014
`
`1A
`
`1A
`
`Published for Opposition May 26, 2015
`
`
`
`
`
`
`
`Registration Number
`
`4789086
`
`Registration Date
`
`August 11, 2015
`
`Owner
`
`(REGISTRANT) Marrocco, Doug J. INDIVIDUAL UNITED STATES 22410 St. Clair St. Clair
`Shores MICHIGAN 48081
`
`Attorney of Record
`
`John Chau
`
`Disclaimer
`
`NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "POOP" APART FROM THE
`MARK AS SHOWN
`
`Type of Mark
`
`SERVICE MARK
`
`Register
`
`PRINCIPAL
`
`Live/Dead Indicator
`
`LIVE
`
`Word Mark TRAVELING SCOUT
`
`Goods and
`Services
`
`IC 041. US 100 101 107. G & S: Audio and video recording services; Media production services, namely,
`video and film production; Production and distribution of videos in the field of club-level athletic sports games.
`FIRST USE: 20150417. FIRST USE IN COMMERCE: 20150417
`
`Mark Drawing
`Code
`
`(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
`
`Design Search
`Code
`
`26.01.03 - Circles, incomplete (more than semi-circles); Incomplete circles (more than semi-circles)
`26.01.18 - Circles, three or more concentric; Concentric circles, three or more; Three or more concentric circles
`
`Serial Number 86232243
`
`Filing Date
`
`March 26, 2014
`
`Current Basis 1A
`
`Original Filing
`Basis
`
`1B
`
`Published for
`Opposition
`
`Registration
`Number
`
`Registration
`Date
`
`Owner
`
`Attorney of
`Record
`
`Disclaimer
`
`Description of
`Mark
`
`September 9, 2014
`
`4791488
`
`August 11, 2015
`
`(REGISTRANT) The Traveling Scout LLC LIMITED LIABILITY COMPANY TEXAS 14049 Mint Trail DR
`San Antonio TEXAS 78232
`
`Scott M. Thomas
`
`NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "THE TRAVELING SCOUT" APART
`FROM THE MARK AS SHOWN
`
`The color(s) grey, yellow and white is/are claimed as a feature of the mark. The mark consists of the stylized
`wording "TRAVELING SCOUT" appearing to the right of the depiction of a stylized incomplete circle. The
`colors grey, white and yellow appear in the depiction of the incomplete circle. The wording "TRAVELING"
`appears in the color white and is located above the yellow wording "SCOUT". The color black in the mark
`represents background or transparent areas and is not part of the mark.
`
`Type of Mark SERVICE MARK
`
`Register
`
`PRINCIPAL
`
`Live/Dead
`Indicator
`
`LIVE
`
`Word Mark
`
`SOFLO SCOUTS
`
`
`
`
`
`
`
`Goods and Services
`
`IC 037. US 100 103 106. G & S: Restoration in the field of antique motor vehicles. FIRST USE:
`20140920. FIRST USE IN COMMERCE: 20140920
`
`Standard Characters
`Claimed
`
`
`
`Mark Drawing Code
`
`(4) STANDARD CHARACTER MARK
`
`Serial Number
`
`86286315
`
`Filing Date
`
`Current Basis
`
`Original Filing Basis
`
`Published for
`Opposition
`
`May 20, 2014
`
`1A
`
`1B
`
`November 4, 2014
`
`Registration Number
`
`4709610
`
`Registration Date
`
`March 24, 2015
`
`Owner
`
`(REGISTRANT) Cpt. Joshua Martinez DBA SOFLO SCOUTS INDIVIDUAL UNITED STATES
`123 3d Street, Unit 11 Miami Beach FLORIDA 33139
`
`Attorney of Record
`
`Frank J. Martinez, Esq.
`
`Disclaimer
`
`NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "SOFLO" APART FROM THE
`MARK AS SHOWN
`
`Type of Mark
`
`SERVICE MARK
`
`Register
`
`PRINCIPAL
`
`Live/Dead Indicator
`
`LIVE
`
`
`
`Word Mark STEM SCOUTS
`
`Goods and
`Services
`
`Standard
`Characters
`Claimed
`
`Mark Drawing
`Code
`
`IC 041. US 100 101 107. G & S: Educational services, namely, providing workshops, lectures, hands-on
`learning activities, problem-solving competitions, and educational literature in the fields of science,
`technology, engineering, and math. FIRST USE: 20140217. FIRST USE IN COMMERCE: 20140217
`
`
`
`(4) STANDARD CHARACTER MARK
`
`Serial Number
`
`86061871
`
`Filing Date
`
`September 11, 2013
`
`Current Basis
`
`1A
`
`Original Filing
`Basis
`
`1B
`
`Published for
`Opposition
`
`Registration
`Number
`
`March 11, 2014
`
`4653974
`
`Registration Date December 9, 2014
`
`Owner
`
`Attorney of
`Record
`
`Disclaimer
`
`(REGISTRANT) Boy Scouts of America united states federally chartered corporation (title 36) UNITED
`STATES P.O. Box 152079 1325 West Walnut Hill Lane Irving TEXAS 750152079
`
`Richard C. Woodbridge, Esq.
`
`NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "STEM" APART FROM THE MARK AS
`SHOWN
`
`Type of Mark
`
`SERVICE MARK
`
`Register
`
`PRINCIPAL
`
`
`
`Live/Dead
`Indicator
`
`LIVE
`
`Word Mark SCOUT
`
`Goods and
`Services
`
`IC 035. US 100 101 102. G & S: Advertising agency services; marketing services; business consultation
`services, namely, developing marketing programs, campaigns and materials, including the advertisements of
`goods and services of others through mass media and interactive media; public relations services; market
`research services. FIRST USE: 19990101. FIRST USE IN COMMERCE: 19990101
`
`Standard
`Characters
`Claimed
`
`
`
`Mark Drawing
`Code
`
`(4) STANDARD CHARACTER MARK
`
`Serial Number 86020156
`
`Filing Date
`
`July 25, 2013
`
`Current Basis
`
`1A
`
`Original Filing
`Basis
`
`1A
`
`Published for
`Opposition
`
`Registration
`Number
`
`Registration
`Date
`
`Owner
`
`Attorney of
`Record
`
`September 9, 2014
`
`4643406
`
`November 25, 2014
`
`(REGISTRANT) Scout Marketing, Inc. CORPORATION GEORGIA 3391 Peachtree Road NE, Suite 105
`Atlanta GEORGIA 30326
`
`SCOTT CREASMAN
`
`Type of Mark
`
`SERVICE MARK
`
`Register
`
`PRINCIPAL
`
`Live/Dead
`Indicator
`
`LIVE
`
`Word Mark SCOUT
`
`Goods and
`Services
`
`IC 042. US 100 101. G & S: Biopharmaceutical research services, namely, high-throughput cell culturing,
`purification and assay processes to identify high quality recombinant protein-producing cell lines, and
`optimized cell growth, protein production and purification conditions. FIRST USE: 20140324. FIRST USE
`IN COMMERCE: 20140324
`
`Standard
`Characters
`Claimed
`
`
`
`Mark Drawing
`Code
`
`(4) STANDARD CHARACTER MARK
`
`Serial Number
`
`86101321
`
`Filing Date
`
`October 25, 2013
`
`Current Basis
`
`1A
`
`Original Filing
`Basis
`
`1B
`
`
`
`
`
`
`
`Published for
`Opposition
`
`Registration
`Number
`
`Registration
`Date
`
`Owner
`
`Attorney of
`Record
`
`April 1, 2014
`
`4638349
`
`November 11, 2014
`
`(REGISTRANT) Batavia Bioservices BV CORPORATION NETHERLANDS Zernikedreef 9 Leiden
`NETHERLANDS 2333CK
`
`Martin Savitzky Esq.
`
`Type of Mark
`
`SERVICE MARK
`
`Register
`
`Live/Dead
`Indicator
`
`PRINCIPAL
`
`LIVE
`
`Word Mark
`
`SILVERFIRE SCOUT
`
`Goods and Services
`
`IC 011. US 013 021 023 031 034. G & S: Portable stoves; Wood burning cooking stoves. FIRST USE:
`20140101. FIRST USE IN COMMERCE: 20140101
`
`Standard Characters
`Claimed
`
`
`
`Mark Drawing Code
`
`(4) STANDARD CHARACTER MARK
`
`Serial Number
`
`86202908
`
`Filing Date
`
`February 25, 2014
`
`Current Basis
`
`Original Filing Basis
`
`1A
`
`1A
`
`Published for
`Opposition
`
`August 12, 2014
`
`Registration Number 4627879
`
`Registration Date
`
`October 28, 2014
`
`Owner
`
`(REGISTRANT) Albi, Todd R. DBA SilverFire Todd Albi & Linda Albi, US citizens INDIVIDUAL
`UNITED STATES 66 West 24th Avenue Eugene OREGON 97405
`
`Prior Registrations
`
`432109
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