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`ESTTA Tracking number:
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`ESTTA1103678
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`Filing date:
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`12/22/2020
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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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`91266066
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`Party
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`Correspondence
`Address
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`Defendant
`Edge Games, Inc.
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`EDGE GAMES, INC.
`171
`530 SOUTH LAKE AVENUE
`PASADENA, CA 91101
`UNITED STATES
`Primary Email: tim@edgegames.com
`Secondary Email(s): timlangdell@gmail.com, uspto@edgegames.com
`6264494334
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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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`Other Motions/Submissions
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`Tim Langdell
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`timlangdell@gmail.com, uspto@edgegames.com
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`/Tim Langdell/
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`12/22/2020
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`Attachments
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`Applicants Request to Suspend.pdf(264470 bytes )
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`
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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 No. 86538581
`For the Mark: EDGE
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`MOBIGAME,
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`Opposer,
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`EDGE GAMES, INC.
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`Applicant.
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`__________________________________________)
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`Assistant Commissioner for
`Trademarks P.O. Box 1451
`Alexandria, VA 22313-1451
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`Opposition No. 91266066
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`APPLICANT’S REQUEST TO SUSPEND PROCEEDINGS
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`Applicant Edge Games, Inc. requests that the Board suspend the instant opposition
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`proceedings pending the outcome of the related cancellation proceedings before the Board
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`(Cancellation No. 92075393).
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`The basis of this request is that Applicant owns the US trademark registration for the
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`mark EDGE GAMES (Registration No. 5934761) which is for the essentially identical mark to
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`the instant mark EDGE given the goods in question are games. Thus, if Applicant prevails in said
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`cancellation proceeding, which it fully expects to do, then the instant opposition proceedings
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`become moot because it will have been proven in the other proceeding that Applicant is indeed
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`the true owner of the EDGE mark for the goods in question.
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`The instant opposition should be suspended pending the outcome of the cancellation
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`proceedings since to keep these proceedings live would put the parties and the Board to
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`unnecessary time and expense. Moreover, it would not be workable or practical to merge the two
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`proceedings since they deal with entirely different timeframes, and hence quite different
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`documentary evidence and so on. The cancellation deals with the period prior to 2010, whereas
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`the instant opposition logically deals with the period prior to its filing date in 2015. Any attempt
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`to merge the actions would thus be unworkable since the two sets of discovery would need to be
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`kept separate, the arguments made in each case, while related and somewhat similar, would need
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`to be different too, calling for separate filings as if the actions had not been merged.
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`But the overriding concern is the substantial extra expense and time that would be
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`involved in dealing with the instant opposition, especially in regard to discovery, when if
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`Applicant prevails on the cancellation it would render the instant opposition moot.
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`Accordingly, Applicant requests that the instant opposition proceedings be suspended
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`pending the outcome of Cancellation No. 92075393.
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`Dated: December 22, 2020
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`Respectfully submitted by:
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`By:
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`/s/ Tim Langdell__________
`CEO, Edge Games, Inc.
`530 South Lake Avenue, #171
`Pasadena, CA 91101
`Telephone: 626 449 4334
`Email: timlangdell@gmail.com
`Applicant in pro se.
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`(certificate of service on separate page)
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`CERTIFICATE OF SERVICE
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`I hereby certify that pursuant to CFR 2.101(b), on December 22, 2020 a true and correct copy of
`the foregoing APPLICANT’S REQUEST TO SUSPEND PROCEEDINGS was served via email
`on Opposer’s counsel:
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`PATRICK J CONCANNON
`NUTTER MCLENNEN & FISH
`pconcannon@nutter.com
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`/Tim Langdell/____________
`Dr. Tim Langdell
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`22 December 2020
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