ESTTA Tracking number:
`
`Filing date:
`
`ESTTA1380338
`08/28/2024
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`
`Opposer information
`
`Name
`
`Microsoft Corporation
`
`Granted to date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`08/28/2024
`
`ONE MICROSOFT WAY
`REDMOND, WA 98052
`UNITED STATES
`
`JOHN L. KRIEGER
`DICKINSON WRIGHT PLLC
`3883 HOWARD HUGHES PARKWAY, SUITE 800
`LAS VEGAS, NV 89169
`UNITED STATES
`Primary email: Jkrieger@dickinson-wright.com
`Secondary email(s): amoretto@dickinson-wright.com, trademark-
`slv@dickinson-wright.com, slnorton@dickinson-wright.com, CVil-
`lanueva@dickinson-wright.com
`702-550-4400
`
`Docket no.
`
`26008-30019
`
`Applicant information
`
`Application no.
`
`98089617
`
`08/28/2024
`
`Opposition filing
`date
`
`Applicant
`
`Publication date
`
`04/30/2024
`
`Opposition period
`ends
`
`08/28/2024
`
`EDGE Games Inc
`225 SOUTH LAKE AVENUE, SUITE 300
`PASADENA, CA 91101
`UNITED STATES
`
`Goods/services affected by opposition
`
`Class 009. First Use: Jun 1, 1984 First Use In Commerce: Jun 1, 1984
`All goods and services in the class are opposed, namely: Computer game programmes download-
`able via the Internet; Computer game software downloadable from a global computer network; Down-
`loadable computer game software for use on mobile and cellular phones; Downloadable video and
`computer game programs; Recorded computer game software
`
`Grounds for opposition
`
`The mark is merely descriptive
`
`Trademark Act Section 2(e)(1)
`
`No use of mark in commerce before application,
`amendment to allege use, or statement of use
`was due
`
`Trademark Act Section 1(a) and (c)
`
`

`

`Fraud on the USPTO
`
`In re Bose Corp., 580 F.3d 1240, 91 USPQ2d
`1938 (Fed. Cir. 2009)
`
`Attachments
`
`PUBLIC - Notice of Opposition - CUTTING EDGE_Redacted.pdf(149263 bytes )
`PUBLIC - EXHIBIT 1 TO CUTTING EDGE OPPOSITION.pdf(98184 bytes )
`EXHIBIT 2 TO CUTTING EDGE OPPOSITION - Application - Sn. 98089617.pdf
`(156984 bytes )
`
`Signature
`
`/John L. Krieger/
`
`Name
`
`Date
`
`JOHN L. KRIEGER
`
`08/28/2024
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`MICROSOFT CORPORATION,
`
`
`
`
`
`EDGE GAMES INC,
`
`
`
`
`
`
`
`
`
`
`
`
`v.
`
`
`
`
`Mark: CUTTING EDGE
`Serial No. 98/089,617
`Published: April 30, 2024
`Class: 9
`
`
`
`
`
`
`
`Opposer,
`
`Applicant.
`
`NOTICE OF OPPOSITION
`
`Pursuant to 15 U.S.C. § 1063 and 37 C.F.R. §§ 2.101 and 2.104(a), Microsoft
`
`Corporation, a Washington corporation, with its principal place of business at One Microsoft
`
`Way, Redmond, WA 98052 (“Opposer”), believes it will be damaged by the registration of the
`
`above-referenced mark in International Class 09 for “Computer game programmes downloadable
`
`via the Internet; Computer game software downloadable from a global computer network;
`
`Downloadable computer game software for use on mobile and cellular phones; Downloadable
`
`video and computer game programs; Recorded computer game software” (Serial No. 98/089617)
`
`(such application, the “Opposed Application,” and such mark, the “Opposed Mark”), which was
`
`published on April 30, 2024, and hereby opposes the same.
`
`As grounds for its opposition, Opposer alleges as follows:
`
`FACTS COMMON TO ALL CLAIMS
`
`1.
`
`Edge Games Inc (“Applicant” or “Edge Games”) and its CEO, Tim Langdell
`
`(“Langdell”), have a history of perpetrating fraud before the PTO, intentionally misleading
`
`courts of law and trademark registries, and abusing legal procedure, including filing unwarranted
`
`opposition and cancellation proceedings.
`
`2.
`
`In fact, Edge Games has been deemed a trademark “troll” by a United States
`
`federal court. Edge Games, Inc. v. Elec. Arts, Inc., 745 F. Supp. 2d 1101, 1117 (N.D. Cal. 2010).
`
`
`
`1
`
`

`

`3.
`
`The court in Edge Games, Inc. v. Elec. Arts, Inc. specifically noted that the record
`
`revealed “numerous items of evidence that [Edge Games] willfully committed fraud against the
`
`USPTO in obtaining and/or maintaining registrations for many of the asserted “EDGE” marks,
`
`possibly warranting criminal penalties if the misrepresentations prove true.” Id. at 1115. Further,
`
`the court held that many of the representations made by Langdell in his declaration with regard
`
`to Edge Games’ alleged licensees and use were “materially misleading or downright false.” Id.
`
`4.
`
`Over the course of another proceeding pending before the Board, Microsoft
`
`discovered that the scope of Edge Games’ and Langdell’s fraudulent activity has extended to the
`
`Opposed Mark.
`
`5.
`
`Specifically, Microsoft uncovered evidence that Edge Games committed fraud
`
`against the PTO when it filed the Opposed Application to register the Opposed Mark without
`
`informing the PTO of the fact that
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`8.
`
`On July 18, 2023, Edge Games filed a use-based application for the Opposed
`
`Mark in Class 9 for “Computer game programmes downloadable via the Internet; Computer
`
`game software downloadable from a global computer network; Downloadable computer game
`
`software for use on mobile and cellular phones; Downloadable video and computer game
`
`programs; Recorded computer game software.”
`
`9.
`
`The Opposed Application was approved for publication on April 30, 2024.
`
`

`

`10.
`
`Opposer filed a 30-day extension of time to oppose on May 30, 2024 and a 60-
`
`Day extension of time to oppose on June 24, 2024, which were both granted and extended the
`
`deadline to oppose to August 28, 2024. As such, this Opposition is timely filed.
`
`11.
`
`The Opposed Application was fraudulently filed, namely, Edge Games and
`
`Langdell swore under penalty of perjury that Edge Games was entitled to use the marks in
`
`commerce and that no other person had a right to use the marks in commerce,
`
`
`
`
`
`
`
`12.
`
`Further, while Edge Games alleged a date of first use of June 1, 1984, upon
`
`information and belief, Edge Games had no actual use of the Opposed Mark as of that date.
`
`13. Microsoft is informed and believes and thereupon alleges, Edge Games
`
`manufactured the evidence of “use” to procure the registration, which does not reflect an actual
`
`and bona fide use in commerce for the goods identified in the Opposed Application.
`
`14. Microsoft’s investigation has not located any evidence of an actual, bona fide, and
`
`ongoing use of the Opposed Mark by Edge Games.
`
`15. Microsoft is informed and believes and thereupon alleges, Edge Games has not
`
`used the Opposed Mark in interstate commerce.
`
`16.
`
`Further, the term “cutting edge”, which makes up the entirety of the Opposed
`
`Mark, is merely descriptive of the video and computer game software goods identified in the
`
`Opposed Application.
`
`17.
`
`The term “cutting edge” is defined as being at the forefront or lead. As such, the
`
`Opposed Mark directly conveys to the relevant purchasing public an immediate idea of a quality,
`
`characteristic or feature of the goods sold by Applicant —that the video and computer game
`
`software is at the forefront of technology.
`
`18. Moreover, on or about January 9, 2023, Edge Games filed a Petition for
`
`Cancellation seeking to cancel Microsoft’s registration for BLEEDING EDGE (Reg. No.
`
`5,766,386) based, in part, on Edge Games’ alleged rights in the Opposed Mark. (See Edge
`
`

`

`Games, Inc. v. Microsoft Corp., Cancellation No. 92081334, TTABVUE 9, ¶¶ 18, 23.)
`
`19. Microsoft has been damaged and will continue to be damaged should the Opposed
`
`Mark register, and therefore has standing to bring this action.
`
`COUNT I: FRAUD IN THE PROCUREMENT – MATERIAL MISREPRESENTATION
`
`20. Microsoft incorporates the foregoing paragraphs as if set forth fully herein.
`
`21.
`
`Edge Games fraudulently obtained
`
`its registration by making material
`
`misrepresentations of fact to the PTO in connection with the application for the Opposed Mark,
`
`which it knew were false and its misrepresentations were made with the intent to deceive the
`
`PTO.
`
`
`
`
`
`
`
`23.
`
`In applying for the Opposed Mark, Edge Games knowingly made false, material
`
`misrepresentations of fact by representing under oath in the Opposed Application that “the
`
`applicant believes the applicant is the owner of the mark” and did so with the willful intent to
`
`deceive the PTO for the purposes of obtaining a registration.
`
`24. Microsoft is informed and believes and thereupon alleges that Edge Games’ false
`
`statements made under the penalty of perjury that Edge Games was the owner of the mark was a
`
`material misrepresentation, because without such a statement, the PTO would not issue a
`
`registration for the Opposed Mark.
`
`25.
`
`Based on the foregoing, Microsoft is informed and believes and thereupon alleges
`
`the statements made by Applicant in the Opposed Application constitutes a fraud on the PTO.
`
`26. Microsoft has suffered and will continue to suffer damage if the Opposed Mark is
`
`not refused registration.
`
`COUNT II: FRAUD IN THE PROCUREMENT – FALSE STATEMENT OF USE
`
`27. Microsoft incorporates the foregoing paragraphs as if set forth fully herein.
`
`28.
`
`In the Opposed Application, a true and correct copy of which is attached as
`
`Exhibit 2, Edge Games’ CEO, Langdell, on Edge Games’ behalf, represented to the PTO that
`
`

`

`Edge Games was actively using the Opposed Mark in commerce in connection with all the goods
`
`identified in the Opposed Application as of the filing date.
`
`29.
`
`Edge Games was not using the Opposed Mark in commerce in connection with all
`
`the goods listed in the Opposed Application as of the application filing date.
`
`30.
`
`The “use” representation was false at the time Langdell signed the declaration on
`
`Edge Games’ behalf.
`
`31.
`
`Edge Games and Langdell knew the “use” representation was false at the time
`
`Langdell executed the declaration because Langdell knew Edge Games did not sell any computer
`
`programs or gaming software using the Opposed Mark as of the date the Opposed Application
`
`was filed.
`
`32.
`
`The false “use” representation was material because, but for the false
`
`representation, the PTO would not have approved Edge Games’ use-based application for
`
`registration of the Opposed Mark.
`
`33.
`
`Edge Games and Langdell made the false “use” representation with the intent to
`
`mislead the PTO and cause it to issue a registration for the Opposed Mark.
`
`34.
`
`Based on the foregoing, Edge Games filed the Opposed Application fraudulently,
`
`which is grounds to oppose registration of the Opposed Mark in its entirety.
`
`35. Microsoft has been and will continue to be harmed should the Opposed Mark
`
`register because Edge Games is relying on the Opposed Mark to assert its alleged rights against
`
`Microsoft.
`
`COUNT III: NON-USE/ABANDONMENT
`
`36. Microsoft incorporates the foregoing paragraphs as if set forth fully herein.
`
`37. Microsoft is informed and believes and thereupon alleges that Edge Games is not
`
`using, nor has it ever used, the Opposed Mark in commerce as defined in the Lanham Act.
`
`38. Microsoft has been unable to identify any current, actual use or continuous use of
`
`the Opposed Mark.
`
`

`

`39.
`
`To the extent Edge Games may have ever used the Opposed Mark in interstate
`
`commerce in connection with the goods recited in the Opposed Application, Edge Games has
`
`discontinued any such use of the Opposed Mark in connection with the recited goods.
`
`40. Microsoft is informed and believes and thereupon alleges, Edge Games has never
`
`used the Opposed Mark in interstate commerce.
`
`41. Microsoft is informed and believes and thereupon alleges, there is no evidence
`
`that Edge Games has any intention to use the Opposed Mark in commerce.
`
`42.
`
`Accordingly, Edge Games has either never commenced use or abandoned any use
`
`of the Opposed Mark and it should be denied registration of the Opposed Mark in its entirety.
`
`COUNT IV: MERELY DESCRIPTIVE
`
`43. Microsoft incorporates the foregoing paragraphs as if set forth fully herein.
`
`44.
`
`As noted above, the term “cutting edge”, which makes up the entirety of the
`
`Opposed Mark, is merely descriptive of the video and computer game software goods identified
`
`in the Opposed Application.
`
`45.
`
`The term “cutting edge” is defined as being at the forefront or lead.
`
`46.
`
`As such, the Opposed Mark directly conveys to the relevant purchasing public a
`
`quality, characteristic or feature of the goods allegedly sold by Applicant—that the video and
`
`computer game software is at the forefront of technology.
`
`47.
`
`The Opposed Mark has not acquired secondary meaning for the goods listed in
`
`the Opposed Application.
`
`/ / /
`
`/ / /
`
`/ / /
`
`/ / /
`
`/ / /
`
`/ / /
`
`
`
`

`

`48.
`
`As the Opposed Mark is merely descriptive and lacks secondary meaning for the
`
`goods covered by the Opposed Application, Applicant’s Mark cannot be registered on the
`
`Principal Register and should be refused registration under Section 2(e)(1) of the Trademark Act.
`
`WHEREFORE, Opposer prays the Opposed Application (Serial No. 98/089,617) for the
`
`Opposed Mark be refused and not allowed to register, and that the Board sustain this Opposition.
`
`Dated: August 28, 2024.
`
`
`
`
`
`
`Respectfully submitted,
`
`DICKINSON WRIGHT PLLC
`
`/John L. Krieger/_____________
`John L. Krieger, Esq.
`Cindy A. Villanueva, Esq.
`jkrieger@dickinsonwright.com
`cvillanueva@dickinsonwright.com
`trademarkslv@dickinsonwright.com
`amoretto@dickinsonwright.com
`3883 Howard Hughes Parkway, Suite 800
`Las Vegas, Nevada 89169
`(702) 550-4400 (phone)
`
`
`

`

`MICROSOFT CORPORATION v. EDGE GAMES INC
`OPPOSITION NO.
`
`EXHIBIT 1
`(Filed under seal)
`
`MICROSOFT CORPORATION v. EDGE GAMES INC
`OPPOSITION NO.
`
`

`

`MICROSOFT CORPORATION v. EDGE GAMES INC
`OPPOSITION NO.
`
`EXHIBIT 2
`
`MICROSOFT CORPORATION v. EDGE GAMES INC
`OPPOSITION NO.
`
`

`

`PTO- 1478
`
`Approved for use through 10/31/2024. OMB 0651-0009
`
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number
`
`Trademark/Service Mark Application, Principal Register
`
`TEAS Plus Application
`
`Serial Number: 98089617
`Filing Date: 07/18/2023
`
`NOTE: Data fields with the * are mandatory under TEAS Plus. The wording "(if applicable)" appears where the field is only mandatory
`under the facts of the particular application.
`
`The table below presents the data as entered.
`
`Input Field
`
`Entered
`
`TEAS Plus
`
`MARK INFORMATION
`
`*MARK
`
`*STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`LITERAL ELEMENT
`
`*MARK STATEMENT
`
`REGISTER
`
`APPLICANT INFORMATION
`
`*OWNER OF MARK
`
`*MAILING ADDRESS
`
`*CITY
`
`*STATE
`(Required for U.S. applicants)
`
`YES
`
`CUTTING EDGE
`
`YES
`
`YES
`
`CUTTING EDGE
`
`The mark consists of standard characters, without claim to any
`particular font style, size, or color.
`
`Principal
`
`EDGE Games Inc
`
`225 South Lake Avenue, Suite 300
`
`Pasadena
`
`California
`
`*COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`United States
`
`*ZIP/POSTAL CODE
`(Required for U.S. and certain international addresses)
`
`PHONE
`
`FAX
`
`*EMAIL ADDRESS
`
`WEBSITE ADDRESS
`
`91101
`
`6268240097
`
`6268444334
`
`XXXX
`
`www.edgegames.com
`
`LEGAL ENTITY INFORMATION
`
`*TYPE
`
`CORPORATION
`
`* STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY OF
`INCORPORATION
`
`California
`
`GOODS AND/OR SERVICES AND BASIS INFORMATION
`
`

`

`* INTERNATIONAL CLASS
`
`009 
`
`*IDENTIFICATION
`
`*FILING BASIS
`
`       FIRST USE ANYWHERE DATE
`
`       FIRST USE IN COMMERCE DATE
`
`       SPECIMEN FILE NAME(S)
`
`       JPG FILE(S)
`
`       ORIGINAL PDF FILE
`
`       CONVERTED PDF FILE(S)
`       (2 pages)
`
`Computer game programmes downloadable via the Internet;
`Computer game software downloadable from a global
`computer network; Downloadable computer game software for
`use on mobile and cellular phones; Downloadable video and
`computer game programs; Recorded computer game software
`
`SECTION 1(a)
`
`At least as early as 06/01/1984
`
`At least as early as 06/01/1984
`
`\\TICRS\EXPORT18\IMAGEOUT
`18\980\896\98089617\xml1 \ FTK0003.JPG
`
`SPE0-260017005880812040ce 6e802d7b66ef-202307181216
`19228283_._Webpage_Specim en.pdf
`
`\\TICRS\EXPORT18\IMAGEOUT
`18\980\896\98089617\xml1\ FTK0004.JPG
`
`\\TICRS\EXPORT18\IMAGEOUT
`18\980\896\98089617\xml1\ FTK0005.JPG
`
`       SPECIMEN DESCRIPTION
`
`CUTTING EDGE mark used to promote our games on our
`website and print out of webpage
`
`        WEBPAGE URL
`
`http://www.edgegames.com
`
`        WEBPAGE DATE OF ACCESS
`
`07/18/2023
`
`ADDITIONAL STATEMENTS INFORMATION
`
`*TRANSLATION
`(if applicable)
`
`*TRANSLITERATION
`(if applicable)
`
`*CLAIMED PRIOR REGISTRATION
`(if applicable)
`
`*CONSENT (NAME/LIKENESS)
`(if applicable)
`
`*CONCURRENT USE CLAIM
`(if applicable)
`
`CORRESPONDENCE INFORMATION
`
`NAME
`
`DOCKET/REFERENCE NUMBER
`
`EDGE Games Inc
`
`CUTEDG23
`
`PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE
`
`edgegames@gmail.com
`
`SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES)
`
`uspto@edgegames.com; timlangdell@gmail.com
`
`FEE INFORMATION
`
`APPLICATION FILING OPTION
`
`NUMBER OF CLASSES
`
`APPLICATION FOR REGISTRATION PER CLASS
`
`*TOTAL FEES DUE
`
`*TOTAL FEES PAID
`
`TEAS Plus
`
`1
`
`250
`
`250
`
`250
`
`

`

`SIGNATURE INFORMATION
`
`* SIGNATURE
`
`* SIGNATORY'S NAME
`
`* SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`* DATE SIGNED
`
`SIGNATURE METHOD
`
`/Tim Langdell/
`
`Tim Langdell
`
`CEO
`
`626-824-0097
`
`07/18/2023
`
`Signed directly within the form
`
`

`

`PTO- 1478
`
`Approved for use through 10/31/2024. OMB 0651-0009
`
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number
`
` 
`
`Trademark/Service Mark Application, Principal Register
`
`TEAS Plus Application
`
`Serial Number: 98089617
`Filing Date: 07/18/2023
`
`To the Commissioner for Trademarks:
`
`MARK: CUTTING EDGE (Standard Characters, see mark)
`The literal element of the mark consists of CUTTING EDGE. The mark consists of standard characters, without claim to any particular font style,
`size, or color.
`The applicant, EDGE Games Inc, a corporation of California, having an address of
`      225 South Lake Avenue, Suite 300
`      Pasadena, California 91101
`      United States
`      6268240097(phone)
`      6268444334(fax)
`      XXXX
`
`requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register
`established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:
`
`For specific filing basis information for each item, you must view the display within the Input Table.
`International Class 009:  Computer game programmes downloadable via the Internet; Computer game software downloadable from a global
`computer network; Downloadable computer game software for use on mobile and cellular phones; Downloadable video and computer game
`programs; Recorded computer game software
`
`Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or
`will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of
`listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image
`file may be in color, and the image must be in color if color is being claimed as a feature of the mark.
`
`In International Class 009, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least
`as early as 06/01/1984, and first used in commerce at least as early as 06/01/1984, and is now in use in such commerce. The applicant is
`submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed
`goods/services, consisting of a(n) CUTTING EDGE mark used to promote our games on our website and print out of webpage.
`JPG file(s):
`Specimen File1
`Original PDF file:
`SPE0-260017005880812040ce 6e802d7b66ef-202307181216 19228283_._Webpage_Specim en.pdf
`Converted PDF file(s) (2 pages)
`Specimen File1
`Specimen File2
`
`Webpage URL: http://www.edgegames.com
`Webpage Date of Access: 07/18/2023
`
`For informational purposes only, applicant's website address is: www.edgegames.com
`The applicant's current Correspondence Information:
`
`      EDGE Games Inc
`
`       PRIMARY EMAIL FOR CORRESPONDENCE: edgegames@gmail.com
`       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): uspto@edgegames.com; timlangdell@gmail.com
`The docket/reference number is CUTEDG23.
`
`

`

`Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and
`the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark
`Electronic Application System (TEAS).
`A fee payment in the amount of $250 has been submitted with the application, representing payment for 1 class(es).
`
`Basis:
`If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a):
`
`Declaration
`
`The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered;
`The mark is in use in commerce and was in use in commerce as of the filing date of the application on or in connection with the
`goods/services in the application;
`The specimen(s) shows the mark as used on or in connection with the goods/services in the application and was used on or in
`connection with the goods/services in the application as of the application filing date; and
`To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
`
`And/Or
`If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d),
`and/or § 1126(e):
`
`The signatory believes that the applicant is entitled to use the mark in commerce;
`The applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as
`of the application filing date on or in connection with the goods/services in the application; and
`To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
`
`To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the
`mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the
`goods/services of such other persons, to cause confusion or mistake, or to deceive.
`
`To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the
`allegations and other factual contentions made above have evidentiary support.
`
`The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §
`1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration
`resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and
`belief are believed to be true.
`
`Declaration Signature
`
`Signature: /Tim Langdell/   Date: 07/18/2023
`Signatory's Name: Tim Langdell
`Signatory's Position: CEO
`Signatory's Phone Number: 626-824-0097
`Signature method: Signed directly within the form
`Payment Sale Number: 98089617
`Payment Accounting Date: 07/18/2023
`
`Serial Number: 98089617
`Internet Transmission Date: Tue Jul 18 12:27:11 ET 2023
`TEAS Stamp: USPTO/FTK-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
`XXXX:XXXX-20230718122713245104-98089617-
`86021c942bcdfeb07231e1d6b175aeaffe9cb04f
`65e8ca49a359a0d0a585d1866e-CC-27116842-2
`0230718121619228283
`
`