Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA696003
`ESTTA Tracking number:
`09/15/2015
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`Petition for Cancellation
`
`Notice is hereby given that the following party requests to cancel indicated registration.
`Petitioner Information
`
`Name
`Entity
`Address
`
`Stephen D. Benedetto, PLC
`Citizenship
`Limited Liability Company
`2111 E. Highland Ave. Suite 145
`Phoenix, AZ 85016
`UNITED STATES
`
`Arizona
`
`Attorney informa-
`tion
`
`Jackson MacDonald
`BreanLaw LLC
`P.O. Box 4120 ECM #72065
`Portland, OR 97208
`UNITED STATES
`tmsupport@breanlaw.com Phone:5035494854
`Registration Subject to Cancellation
`
`Registration No
`Registrant
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`3834051
`People's Law, Ltd.
`323 West Main Street
`Barrington, IL 60010
`UNITED STATES
`Goods/Services Subject to Cancellation
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`Registration date
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`08/17/2010
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`Class 045. First Use: 2009/09/24 First Use In Commerce: 2009/09/24
`All goods and services in the class are cancelled, namely: Attorney services
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`Grounds for Cancellation
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`Abandonment
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`Trademark Act section 14
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`Attachments
`
`CAN-PetitionToCancelAbandonment -- 3834051.pdf(618169 bytes )
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`The undersigned hereby certifies that a copy of this paper has been served upon all parties, at their address
`record by First Class Mail on this date.
`
`Certificate of Service
`
`Signature
`Name
`Date
`
`/JMD/
`Jackson MacDonald
`09/15/2015
`
`

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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`
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`Cancellation No.: ___________________
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`Mark: PEOPLE’S LAW
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`Registration No.: 3834051
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` )
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`______________________________
`Stephen D. Benedetto, PLC
`Petitioner,
`
`
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`v.
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`
`
`People's Law, Ltd.
`Respondent.
`______________________________
`
`
`
`
`PETITION TO CANCEL
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`Petitioner, Stephen D. Benedetto, PLC (hereinafter, “Petitioner”) is a Limited Liability Company
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`organized in the state of Arizona, with a principal place of business at 2111 E. Highland Avenue, Suite
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`145 Phoenix, ARIZONA 85016. Petitioner believes it is being damaged by Registration No. 3834051
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`for PEOPLE'S LAW covering “Attorney services” in Class 045 and hereby petitions to cancel the
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`registration of said mark.
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`
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`As grounds in support for this Cancellation, Petitioner alleges the following:
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`1. Upon information and belief, the name of the current owner of Registration No. 3834051 is
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`People's Law, Ltd. with an address of 323 West Main Street Barrington, ILLINOIS 60010 (hereinafter,
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`“Respondent”).
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`2. On March 16, 2015, the United States Patent and Trademark Office issued an Office Action for
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`Petitioner’s Application Serial No. 86461412 stating, inter alia, Registration of the applied-for mark is
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`refused because of a likelihood of confusion with the mark(s) in U.S. Registration No(s). 3834051,
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`PETITION TO CANCEL
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`

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`
`
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`Trademark Act Section 2(d), 15 U.S.C.A. § 1052(d); see TMEP §§ 1207.01 et seq.
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`
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`COUNT I: ABANDONMENT
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`3. Petitioner repeats and incorporates herein by reference the averments in the preceding
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`paragraphs.
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`4. Upon information and belief, Respondent has abandoned the mark PEOPLE'S LAW which is the
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`subject of Registration No. 3834051.
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`5. Upon information and belief, Respondent discontinued use of the mark PEOPLE'S LAW on or in
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`connection with the services set forth in Registration No. 3834051 more than three years prior to
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`Petitioner’s filing this Petition, and Respondent’s use of the Registered Mark has not resumed since such
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`discontinuance.
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`6. Upon information and belief, Respondent’s discontinuance of use of the mark PEOPLE'S LAW
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`on or in connection with the services set forth in Registration No. 3834051 was accompanied by
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`Respondent’s intent not to resume use the mark PEOPLE'S LAW on or in connection with such
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`services.
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`7. In light of the registration refusal based upon Registration No. 3834051 encountered by
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`Petitioner in relation to Application Serial No. 86461412 and in view of the evidentiary presumptions
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`that result from Registration No. 3834051 that should not be recognized given Respondent’s
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`abandonment of the mark in Registration No. 3834051, Petitioner will be damaged if Respondent is
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`allowed to maintain such registration.
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`PRAYER FOR RELIEF
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`WHEREFORE, Registration No. 3834051 be cancelled as it relates to the services for which it is
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`registered.
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`PETITION TO CANCEL
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`2
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`

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`The filing fee of $300 for this Petition to Cancel is being submitted electronically with this Petition.
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`
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`Petitioner hereby appoints Jackson MacDonald and Luke Brean, of the law firm of BreanLaw, LLC,
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`members of the Oregon state bar, as its attorneys with full power of substitution and revocation, to
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`prosecute this cancellation proceeding, and to transact all business in the U.S. Patent and Trademark
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`Office in connection herewith.
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`
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`Dated: September 15, 2015
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`
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`Respectfully submitted,
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`/JMD/
`Jackson MacDonald
`
`BreanLaw, LLC
`P.O. Box 4120
`ECM #72065
`Portland, Oregon 97208
`
`jackson@breanlaw.com
`luke@breanlaw.com
`800-451-5815
`
`Attorneys for Petitioner
`
`
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`PETITION TO CANCEL
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`3
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`

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`CERTIFICATE OF SERVICE
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`This is to certify that a copy of this PETITION TO CANCEL, is being deposited with the U.S. Postal
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`Service on September 15, 2015 by first-class mail, postage prepaid to the counsel of record in an
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`envelope addressed as follows:
`
`JOSHUA BARNEY
`323 W MAIN ST
`BARRINGTON, ILLINOIS
`60010-4275
`UNITED STATES
`
`
`
`
`
`/JMD/
`
`Jackson MacDonald
`
`BreanLaw, LLC
`P.O. Box 4120
`ECM #72065
`Portland, Oregon 97208
`
`jackson@breanlaw.com
`800-451-5815
`
`Attorney for Petitioner
`
`PETITION TO CANCEL
`
`4
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`

`
`People's Law
`
`P«ORL«'S Aw, LTD. (ILLINOIS CORPORATION)
`Reg_ No, 3,834,051
`323 WEST \/IAIN STR:.:T
`_
`Reglstered Aug. 17, 2010 BARRI\IG"ON, IL 6001
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`Int. CL:
`
`FOR: ATTORNEY S*RVIC*S, IN CI ASS 45 (US. CLS. 100AND101).
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`SERVICE MARK
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`PRINCIPAL REGISTER
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`FIRST USE 9-24-2009; TN COMMERCE 9-24-2009.
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`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM To ANY PAR-
`TICILAR FONT, STYLE, SIZE, OR COLOR.
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`NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "LAW", APART FROM TH
`MARK AS SHOWN.
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`SER. NO. 77-845,883, FILED 10-9-2009.
`
`ROBERT C. CLARK JR, EXAMINTNG ATTORNEY
`
`Direutur ofme United Slates ]’ulem and I':'.udeInLu'1< Office
`
`

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`Generated on: This page was generated by TSDR on 2015-09-15 16:00:35 EDT
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`Mark: THE PEOPLE'S LAW FIRM
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`US Serial Number: 86461412
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`Application Filing Date: Nov. 21, 2014
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`Register: Principal
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`Mark Type: Service Mark
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`Status: A non-final Office action has been sent (issued) to the applicant. This is a letter from the examining attorney requiring additional
`information and/or making an initial refusal. The applicant must respond to this Office action. To view all documents in this file, click on
`the Trademark Document Retrieval link at the top of this page.
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`Status Date: Mar. 16, 2015
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`
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`Mark Information
`
`Mark Literal Elements: THE PEOPLE'S LAW FIRM
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`Standard Character Claim: Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
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`Mark Drawing Type: 4 - STANDARD CHARACTER MARK
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`Goods and Services
`
`Note: The following symbols indicate that the registrant/owner has amended the goods/services:
`
`Brackets [..] indicate deleted goods/services;
`Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`Asterisks *..* identify additional (new) wording in the goods/services.
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`For: Legal services; Providing legal services in the field of civil rights, criminal defense, and plaintiff's personal injury litigation
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`International Class(es): 045 - Primary Class
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`U.S Class(es): 100, 101
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`Class Status: ACTIVE
`
`Basis: 1(b)
`
`Filed Use: No
`
`Filed ITU: Yes
`
`Filed 44D: No
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`Filed 44E: No
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`Filed 66A: No
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`Basis Information (Case Level)
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`Currently Use: No
`
`Currently ITU: Yes
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`Currently 44D: No
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`Currently 44E: No
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`Currently 66A: No
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`Amended Use: No
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`Amended ITU: No
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`Amended 44D: No
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`Amended 44E: No
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`Filed No Basis: No
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`Currently No Basis: No
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`Current Owner(s) Information
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`Owner Name: Stephen D. Benedetto, PLC
`
`DBA, AKA, Formerly: DBA The People's Law Firm
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`Owner Address: 2111 E. Highland Avenue, Suite 145
`Phoenix, ARIZONA 85016
`UNITED STATES
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
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`State or Country Where
`Organized:
`
`ARIZONA
`
`Attorney/Correspondence Information
`
`Attorney of Record - None
`
`Correspondent
`
`Correspondent
`Name/Address:
`
`STEPHEN D. BENEDETTO, PLC
`STEPHEN D. BENEDETTO, PLC
`2111 E HIGHLAND AVE STE 145
`PHOENIX, ARIZONA 85016-4732
`UNITED STATES
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`Phone:
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`(602) 492-9662
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`Fax: 602-801-2834
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`Correspondent e-mail: benedettolawfirm@gmail.com
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`Correspondent e-mail
`Authorized:
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`Yes
`
`

`
`Domestic Representative - Not Found
`Prosecution History
`
`Date
`
`Description
`
`Mar. 16, 2015
`
`NOTIFICATION OF NON-FINAL ACTION E-MAILED
`
`Mar. 16, 2015
`
`NON-FINAL ACTION E-MAILED
`
`Mar. 16, 2015
`
`NON-FINAL ACTION WRITTEN
`
`Mar. 11, 2015
`
`ASSIGNED TO EXAMINER
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`Dec. 01, 2014
`
`NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
`
`Nov. 25, 2014
`
`NEW APPLICATION ENTERED IN TRAM
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`TM Staff and Location Information
`
`TM Staff Information
`
`TM Attorney: CASE, LEIGH CAROLINE
`
`Law Office Assigned: LAW OFFICE 118
`
`Current Location: TMO LAW OFFICE 118- EXAMINING
`ATTORNEY ASSIGNED
`
`Date in Location: Mar. 16, 2015
`
`File Location
`
`Proceeding
`Number
`
`6325
`
`6325
`
`72146
`
`72146