throbber
Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA719575
`ESTTA Tracking number:
`01/11/2016
`
`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
`
`MedStar Health, Inc.
`Corporation
`5565 Sterrett Place 5th Floor
`Columbia, MD 21044
`UNITED STATES
`
`Citizenship
`
`Maryland
`
`Attorney informa-
`tion
`
`Tanya Marie Curcio
`VORYS, SATER, SEYMOUR AND PEASE LLP
`IPLAW@VORYS - PO BOX 2255
`COLUMBUS, OH 43216
`UNITED STATES
`iplaw@vorys.com, tmcurcio@vorys.com Phone:202-467-8800
`Registration Subject to Cancellation
`
`Registration No
`Registrant
`
`3904370
`Fearsome Fivesome, LC
`13812 Flat Top Ranch Road
`Austin, TX 78732
`UNITED STATES
`Goods/Services Subject to Cancellation
`
`Registration date
`
`01/11/2011
`
`Class 036. First Use: 2010/02/15 First Use In Commerce: 2010/02/15
`All goods and services in the class are cancelled, namely: Medical accounts receivable financing,
`namely, the purchase of receivables secured by assignment from medical providersand subsequent
`resell of the receivables to third parties
`
`Grounds for Cancellation
`
`The registration is being used by, or with the per-
`mission of, the registrant so as to misrepresent
`the source of the goods or services on or in con-
`nection with which the mark is used.
`Priority and likelihood of confusion
`Dilution
`
`Related Proceed-
`ings
`
`Cancellation No. 92062102
`
`Trademark Act section 14
`
`Trademark Act section 2(d)
`Trademark Act section 43(c)
`
`Marks Cited by Petitioner as Basis for Cancellation
`
`U.S. Registration
`No.
`
`1327545
`
`Application Date
`
`03/16/1984
`
`

`
`Registration Date
`
`03/26/1985
`
`Word Mark
`Design Mark
`
`MEDSTAR
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 042. First use: First Use: 1979/06/00 First Use In Commerce: 1979/06/00
`Providing an Emergency Care Facility for Critically Ill and Injured Persons
`
`1498006
`
`07/26/1988
`
`MEDSTAR
`
`NONE
`
`Application Date
`
`04/28/1986
`
`Foreign Priority
`Date
`
`NONE
`
`Class 036. First use: First Use: 1985/07/10 First Use In Commerce: 1985/07/10
`INSURANCE BROKERAGE AND INSURANCE ADMINISTRATION SERVICES
`
`2828750
`
`04/06/2004
`
`MEDSTAR
`
`NONE
`
`Application Date
`
`12/21/1998
`
`Foreign Priority
`Date
`
`NONE
`
`Class 042. First use: First Use: 1979/06/00 First Use In Commerce: 1979/06/00
`medical and hospital services
`
`U.S. Registration
`No.
`Registration Date
`
`3009989
`
`11/01/2005
`
`Application Date
`
`08/15/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`
`MEDSTAR SPORTSHEALTH
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 044. First use: First Use: 2003/06/00 First Use In Commerce: 2003/06/00
`Medical and healthcare services offeredto active individuals, athletes and athlet-
`ic teams
`
`U.S. Application/ Registra-
`
`NONE
`
`Application Date
`
`NONE
`
`

`
`tion No.
`Registration Date
`Word Mark
`Goods/Services
`
`Attachments
`
`NONE
`MEDSTAR
`medical and hospital services
`
`73470690#TMSN.png( bytes )
`76538519#TMSN.png( bytes )
`Petition to Cancel MEDSTAR FUNDING Gold Star Design
`(3904370).pdf(120841 bytes )
`Ex. A - Petition to Cancel MEDSTAR FUNDING Gold Star Design
`(3904370)pdf.pdf(776016 bytes )
`Ex. B - Petition to Cancel MEDSTAR FUNDING Gold Star Design
`(3904370).pdf(207724 bytes )
`
`Certificate of Service
`
`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.
`
`Signature
`Name
`Date
`
`/tmc/
`Tanya Marie Curcio
`01/11/2016
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Cancellation No. ____________
`
`In the matter of Trademark Registration No. 3,904,370
`Mark:
`
`(cid:21)
`Registration Date: January 11, 2011
`
`
`
`
`
`
`
`MEDSTAR HEALTH, INC.,
`
`
`Petitioner,
`
`v.
`
`
`
`
`FEARSOME FIVESOME, LC,
`
`
`Registrant.
`
`
`
`PETITION TO CANCEL
`
`MedStar Health, Inc. (“Petitioner”) is a Maryland corporation with an address of 5565
`
`
`
`
`
`
`
`Sterrett Place, 5th Floor, Columbia, Maryland 21044.
`
`According to the Trademark Office Records, Fearsome Fivesome, LC (“Registrant”) is a
`
`Texas limited liability company with an address of 13812 Flat Top Ranch Road, Austin, Texas
`
`78732 and owns U.S. Trademark Registration No. 3,904,370 (the “Registration”) for the mark
`
`MEDSTAR FUNDING (Gold Star Design).
`
`Petitioner believes that it is and will continue to be damaged by the Registration and
`
`petitions to cancel it as set forth below.
`
`FACTUAL BACKGROUND
`
`1.
`
`Petitioner operates various hospitals and health-related businesses in Maryland,
`
`Virginia, and Washington, DC.
`
`

`
`2.
`
`Petitioner has used the mark MEDSTAR (“Petitioner’s Mark”) in connection with
`
`various medical and hospital services since at least as early as June 1979.
`
`3.
`
`Opposer is the owner of several prior incontestable registrations for the mark
`
`MEDSTAR for medical and hospital services (“Petitioner’s Services”) the earliest of which was
`
`registered March 26, 1985, Registration Number 1,327,545. The other prior incontestable
`
`registrations for or incorporating the mark MEDSTAR owned by Petitioner for medical related
`
`goods and services include: Copies of the TESS records are attached as Exhibit A.
`
`Mark
`
`MEDSTAR
`
`MEDSTAR
`
`MEDSTAR
`SPORTSHEALTH
`
`Registration No. Registration Date
`
`1,498,006
`
`2,828,750
`
`3,009,989
`
`July 26, 1988
`
`April 6, 2004
`
`November 1, 2005
`
`4.
`
`On June 3, 2010, Registrant filed an intent to use application for the mark
`
`MEDSTAR FUNDING (Gold Star Design) (“Mark”) that ultimately matured to the Registration
`
`for use in connection with Medical accounts receivable financing, namely, the purchase of
`
`receivables secured by assignment from medical providers and subsequent resale of the
`
`receivables to third parties (“Services”), claiming to have used the mark in commerce since
`
`February 15, 2010.
`
`5.
`
`Upon information and belief, Registrant has expanded its Services to provide
`
`funding of medical and surgical procedures for hospital and medical patients using the Mark.
`
`6.
`
`7.
`
`The Application was published for opposition on October 26, 2010.
`
`The Registration was issued January 11, 2011.
`
`2
`
`
`
`
`
`

`
`COUNT I: LIKELIHOOD OF CONFUSION
`
`8.
`
`Petitioner re-alleges and incorporates by reference paragraphs 1 through 7 of this
`
`Petition as if fully set forth herein.
`
`9.
`
`Petitioner’s Marks and Registrant’s Mark prominently feature the term
`
`MEDSTAR.
`
`10.
`
`11.
`
`12.
`
`13.
`
`14.
`
`consumers.
`
`The word “Funding” in Registrant’s Mark is disclaimed.
`
`Petitioner’s Marks and Registrant’s Mark give the same commercial impression.
`
`Petitioner’s Marks and Registrant’s Mark are confusingly similar.
`
`Registrant’s Services are highly related to Petitioner’s Services.
`
`Registrant’s Services and Petitioner’s Services are marketed to the same types of
`
`15.
`
`Through Petitioner’s long use of Petitioner’s Mark for hospital and medical
`
`related services, Petitioner’s Mark has a strong reputation for rendering high quality medical
`
`services.
`
`16.
`
`Petitioner has used Petitioner’s MEDSTAR mark in connection with Petitioner’s
`
`Services for almost 30 years before the filing date of the application which matured into the
`
`Registration, January 11, 2011.
`
`17.
`
`Petitioner filed its first federal application for Petitioner’s MEDSTAR mark
`
`almost 25 years before the filing date of the application which matured into the Registration,
`
`January 11, 2011.
`
`18.
`
`Petitioner has used Petitioner’s MEDSTAR mark in connection with Petitioner’s
`
`Services prior to any date upon which Registrant can rely.
`
`
`
`3
`
`

`
`19.
`
`Because of the similarity between Petitioner’s Marks and Registrant’s Mark, and
`
`the relatedness of Petitioner’s Services and Registrant’s Services, Registrant’s Mark is likely to
`
`cause confusion, cause mistake or deceive the public, and cause the public to believe, incorrectly,
`
`that Registrant’s Services emanate from, are authorized or endorsed by, or are otherwise
`
`connected with Petitioner in violation of Section 2(d) of the Lanham Act, 15 U.S.C. §1052(d).
`
`COUNT II: DILUTION BY TARNISHMENT
`
`20.
`
`Petitioner re-alleges and incorporates by reference paragraphs 1 through 7 of this
`
`Petition as if fully set forth herein.
`
`21.
`
`Petitioner’s Mark has become famous well prior to the filing of the application
`
`that matured into the Registration and the date of first use alleged by Registrant.
`
`22.
`
`Upon information and belief, Registrant’s Mark has recently been associated in
`
`the media with deceptive business practices relating to funding medical and surgical procedures.
`
`23.
`
`Registrant’s Mark is virtually identical to Petitioner’s Mark, as to dilute by
`
`tarnishment or be likely to cause dilution by tarnishment, of the distinctive quality and goodwill
`
`of Petitioner’s famous mark in violation of Section 43(c) of the Lanham Act, 15 U.S.C.
`
`§1125(c).
`
`COUNT III: MISLEADING USE
`
`24.
`
`Petitioner re-alleges and incorporates by reference paragraphs 1 through 7 of this
`
`Petition as if fully set forth herein.
`
`25.
`
`Petitioner has used the colors blue and gold in connection with Petitioner’s
`
`Services and the Petitioner’s Mark since at least as early as 2006.
`
`26.
`
`In 2008, Registrant filed an intent to use trademark application for a design mark
`
`incorporating the words MEDSTAR FUNDING in blue with the letter “a” in the word “medstar”
`
`
`
`4
`
`

`
`replaced with a green star which matured into Registration Number 3,785,703. A copy of the
`
`TESS record is attached as Exhibit B.
`
`27.
`
`Registrant has since changed the color of its logo on its website to incorporate
`
`Petitioner’s signature colors, blue and gold and in 2010, filed a new trademark application for the
`
`Mark now claiming Petitioner’s signature colors, blue and gold.
`
`28.
`
` Upon information and belief, Registrant has actual knowledge of Petitioner’s use
`
`of the mark MEDSTAR.
`
`29.
`
`Upon information and belief, Registrant deliberately began using and is currently
`
`using the term MEDSTAR without the term FUNDING.
`
`30.
`
`Upon information and belief, Registrant has expanded its services bearing the
`
`Mark from Medical accounts receivable financing, namely, the purchase of receivables secured
`
`by assignment from medical providers and subsequent resale of the receivables to third parties
`
`to services more closely related to Petitioner’s Services such as funding medical and surgical
`
`procedures for hospital and medical patients.
`
`31.
`
`By changing the use of its Mark to incorporate Petitioner’s signature colors;
`
`adopting use of the mark MEDSTAR without the term FUNDING; and using the revised Mark
`
`in connection with services that are more closely related to Petitioner’s Services, Registrant is a
`
`deliberately using the Mark to misrepresent the source of the Services in connection with which
`
`the Mark is used in violation of Section 14(3) of the Lanham Act, 15 U.S.C. §1064(3).
`
`*
`
`*
`
`*
`
`
`
`THEREFORE, Petitioner prays that the Trademark Trial and Appeal Board sustain this
`
`Petition and cancel Registration No. 3,904,370 for MEDSTAR FUNDING (Gold Star Design).
`
`
`
`5
`
`

`
`The required fee accompanies this Petition. Please charge any additional fees to Deposit
`
`Account No. 50-6424.
`
`Please recognize William H. Oldach III, Tanya Curcio and Laura T. Geyer, all members
`
`of the bar of the District of Columbia, and the firm of Vorys, Sater, Seymour and Pease, LLP, as
`
`Petitioner’s attorneys to prosecute this Petition to Cancel.
`
`
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`William H. Oldach III
`Tanya M. Curcio
`Laura T. Geyer
`Vorys, Sater, Seymour and Pease LLP
`1909 K Street, NW
`Ninth Floor
`Washington, DC 20006
`Telephone: 202.467.8800
`E-Mail: iplaw@vorys.com
`
`Attorney for Petitioner
`MEDSTAR HEALTH, INC.
`
`6
`
`
`
`
`
`Date: January 11, 2016
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`
`CERTIFICATE OF SERVICE
`
`
`
`I certify that a true and correct copy of the foregoing Petition to Cancel was served on
`January 11, 2016 by first-class United States Mail, postage prepaid, on:
`
`
`President
`Fearsome Fivesome, LC
`13812 Flat Top Ranch Road
`Austin, TX 78732
`
`I certify that a true and correct courtesy copy of the foregoing Petition to Cancel was served on
`January 11, 2016 by first-class United States Mail, postage prepaid and via email, on:
`
`
`Andre Brunel
`Phillips & Reiter, PLLC
`6805 Capital of Texas Hwy. N Ste. 318
`Austin, TX 78731
`ABrunel@outsourcegc.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`______________________
`Tanya Marie Curcio
`
`
`
`
`
`
`
`
`
`
`
`
`
`22714269
`
`7
`
`

`
`EXHIBIT A
`EXHIBIT A
`
`
`
`
`

`
`Trademark Electronic Search System (TESS)
`
`Page 1 of 2
`
`United States Patent and Trademark Office
`
`Home|Site Index|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBiz alerts|News|Help
`
`Trademarks > Trademark Electronic Search System (TESS)
`
`TESS was last updated on Mon Jan 11 03:21:03 EST 2016
`
`Logout Please logout when you are done to release system resources allocated for you.
`
`Start List At:
`
`OR Jump
`
`to record:
`
`Record 15 out of 15
`
`return to TESS)
`
`( Use the "Back" button of the Internet Browser to
`
`Word Mark
`
`MEDSTAR
`
`Goods and Services IC 042. US 100. G & S: Providing an Emergency Care Facility for Critically Ill and Injured
`Persons. FIRST USE: 19790600. FIRST USE IN COMMERCE: 19790600
`
`Standard Characters
`Claimed
`
`Mark Drawing Code (4) STANDARD CHARACTER MARK
`
`Serial Number
`
`73470690
`
`Filing Date
`
`March 16, 1984
`
`Current Basis
`
`1A
`
`Original Filing Basis 1A
`
`Published for
`Opposition
`
`Change In
`Registration
`
`January 15, 1985
`
`CHANGE IN REGISTRATION HAS OCCURRED
`
`Registration Number 1327545
`
`Registration Date
`
`March 26, 1985
`
`Owner
`
`(REGISTRANT) Washington Healthcare Corporation CORPORATION D.C. 100 Irving St.
`NW. Washington D.C. 20010
`
`(LAST LISTED OWNER) MEDSTAR HEALTH, INC. CORPORATION MARYLAND 5565
`Sterret Place Columbia MARYLAND 21044
`
`Assignment
`Recorded
`
`ASSIGNMENT RECORDED
`
`Attorney of Record CORY M. AMRON
`
`Description of Mark Color is not claimed as a feature of the mark.
`
`Type of Mark
`
`SERVICE MARK
`
`http://tmsearch.uspto.gov/bin/gate.exe?f=doc&state=4802:w5xinz.2.15
`
`1/11/2016
`
`

`
`Trademark Electronic Search System (TESS)
`
`Page 2 of 2
`
`Register
`
`PRINCIPAL
`
`Affidavit Text
`
`SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20140414.
`
`Renewal
`
`2ND RENEWAL 20140414
`
`Live/Dead Indicator
`
`LIVE
`
`|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
`
`http://tmsearch.uspto.gov/bin/gate.exe?f=doc&state=4802:w5xinz.2.15
`
`1/11/2016
`
`

`
`Trademark Electronic Search System (TESS)
`
`Page 1 of 2
`
`United States Patent and Trademark Office
`
`Home|Site Index|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBiz alerts|News|Help
`
`Trademarks > Trademark Electronic Search System (TESS)
`
`TESS was last updated on Wed Jan 6 03:20:51 EST 2016
`
`Logout Please logout when you are done to release system resources allocated for you.
`
`Start List At:
`
`OR Jump
`
`to record:
`
`Record 4 out of 4
`
`( Use the "Back" button of the Internet Browser to
`
`return to TESS)
`
`Word Mark
`
`Goods and
`Services
`
`Mark Drawing
`Code
`
`MEDSTAR
`
`IC 036. US 102. G & S: INSURANCE BROKERAGE AND INSURANCE ADMINISTRATION
`SERVICES. FIRST USE: 19850710. FIRST USE IN COMMERCE: 19850710
`
`(1) TYPED DRAWING
`
`Serial Number
`
`73595520
`
`Filing Date
`
`April 28, 1986
`
`Current Basis
`
`Original Filing
`Basis
`
`Published for
`Opposition
`
`Registration
`Number
`
`1A
`
`1A
`
`November 18, 1986
`
`1498006
`
`Registration Date July 26, 1988
`
`Owner
`
`(REGISTRANT) BENEFIT TRUST LIFE INSURANCE COMPANY CORPORATION ILLINOIS
`400 FIELD DRIVE LAKE FOREST ILLINOIS 600452581
`
`(LAST LISTED OWNER) MEDSTAR HEALTH, INC. CORPORATION MARYLAND 5565
`STERRET PLACE COLUMBIA MARYLAND 21044
`
`Assignment
`Recorded
`
`Attorney of
`Record
`
`ASSIGNMENT RECORDED
`
`Cory M. Amron
`
`Type of Mark
`
`SERVICE MARK
`
`Register
`
`PRINCIPAL
`
`Affidavit Text
`
`SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20080730.
`
`Renewal
`
`Live/Dead
`Indicator
`
`1ST RENEWAL 20080730
`
`LIVE
`
`http://tmsearch.uspto.gov/bin/gate.exe?f=doc&state=4805:a2t5nl.3.4
`
`1/6/2016
`
`

`
`Trademark Electronic Search System (TESS)
`
`Page 2 of 2
`
`|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
`
`http://tmsearch.uspto.gov/bin/gate.exe?f=doc&state=4805:a2t5nl.3.4
`
`1/6/2016
`
`

`
`Trademark Electronic Search System (TESS)
`
`Page 1 of 2
`
`United States Patent and Trademark Office
`
`Home|Site Index|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBiz alerts|News|Help
`
`Trademarks > Trademark Electronic Search System (TESS)
`
`TESS was last updated on Wed Jan 6 03:20:51 EST 2016
`
`Logout Please logout when you are done to release system resources allocated for you.
`
`Start List At:
`
`OR Jump
`
`to record:
`
`Record 12 out of 12
`
`return to TESS)
`
`( Use the "Back" button of the Internet Browser to
`
`Word Mark
`
`MEDSTAR
`
`Goods and Services IC 042. US 100 101. G & S: medical and hospital services. FIRST USE: 19790600. FIRST
`USE IN COMMERCE: 19790600
`
`Mark Drawing Code (1) TYPED DRAWING
`
`Serial Number
`
`75609582
`
`Filing Date
`
`December 21, 1998
`
`Current Basis
`
`1A
`
`Original Filing Basis 1A
`
`Published for
`Opposition
`
`January 13, 2004
`
`Registration Number 2828750
`
`Registration Date
`
`April 6, 2004
`
`Owner
`
`Assignment
`Recorded
`
`(REGISTRANT) MEDSTAR HEALTH, INC. CORPORATION MARYLAND 5565 Sterrett
`Place 5th Floor Columbia MARYLAND 21044
`
`ASSIGNMENT RECORDED
`
`Attorney of Record Cory M. Amron
`
`Prior Registrations
`
`1327545;AND OTHERS
`
`Type of Mark
`
`SERVICE MARK
`
`Register
`
`PRINCIPAL
`
`Affidavit Text
`
`SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20130917.
`
`Renewal
`
`1ST RENEWAL 20130917
`
`Live/Dead Indicator LIVE
`
`http://tmsearch.uspto.gov/bin/gate.exe?f=doc&state=4805:a2t5nl.4.12
`
`1/6/2016
`
`

`
`Trademark Electronic Search System (TESS)
`
`Page 2 of 2
`
`|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
`
`http://tmsearch.uspto.gov/bin/gate.exe?f=doc&state=4805:a2t5nl.4.12
`
`1/6/2016
`
`

`
`Trademark Electronic Search System (TESS)
`
`Page 1 of 2
`
`United States Patent and Trademark Office
`
`Home|Site Index|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBiz alerts|News|Help
`
`Trademarks > Trademark Electronic Search System (TESS)
`
`TESS was last updated on Wed Jan 6 03:20:51 EST 2016
`
`Logout Please logout when you are done to release system resources allocated for you.
`
`Start List At:
`
`OR Jump
`
`to record:
`
`Record 8 out of 8
`
`TESS)
`
`( Use the "Back" button of the Internet Browser to return to
`
`Word Mark
`
`Goods and
`Services
`
`MEDSTAR SPORTSHEALTH
`
`IC 044. US 100 101. G & S: Medical and healthcare services offered to active individuals, athletes and
`athletic teams. FIRST USE: 20030600. FIRST USE IN COMMERCE: 20030600
`
`Mark Drawing Code (1) TYPED DRAWING
`
`Serial Number
`
`76538519
`
`Filing Date
`
`August 15, 2003
`
`Current Basis
`
`Original Filing
`Basis
`
`Published for
`Opposition
`
`Registration
`Number
`
`1A
`
`1B
`
`June 21, 2005
`
`3009989
`
`Registration Date
`
`November 1, 2005
`
`Owner
`
`Assignment
`Recorded
`
`(REGISTRANT) MEDSTAR HEALTH, INC. CORPORATION MARYLAND 5565 STERRET PLACE 5TH
`FLOOR COLUMBIA MARYLAND 21044
`
`ASSIGNMENT RECORDED
`
`Attorney of Record Cory M. Amron
`
`Prior Registrations 1327545;2828750
`
`Disclaimer
`
`NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "SPORTSHEALTH" APART FROM THE MARK
`AS SHOWN
`
`Type of Mark
`
`SERVICE MARK
`
`Register
`
`PRINCIPAL
`
`Affidavit Text
`
`SECT 15. SECT 8 (6-YR).
`
`Live/Dead Indicator LIVE
`
`http://tmsearch.uspto.gov/bin/gate.exe?f=doc&state=4805:a2t5nl.5.8
`
`1/6/2016
`
`

`
`Trademark Electronic Search System (TESS)
`
`Page 2 of 2
`
`|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
`
`http://tmsearch.uspto.gov/bin/gate.exe?f=doc&state=4805:a2t5nl.5.8
`
`1/6/2016
`
`

`
`
`
`EXHIBIT B
`EXHIBIT B
`
`
`
`
`

`
`Trademark Electronic Search System (TESS)
`
`Page 1 of 2
`
`United States Patent and Trademark Office
`
`Home|Site Index|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBiz alerts|News|Help
`
`Trademarks > Trademark Electronic Search System (TESS)
`
`TESS was last updated on Mon Jan 11 03:21:02 EST 2016
`
`Logout Please logout when you are done to release system resources allocated for you.
`
`Start List At:
`
`OR Jump
`
`to record:
`
`Record 2 out of 2
`
`return to TESS)
`
`( Use the "Back" button of the Internet Browser to
`
`Word Mark
`
`MEDSTAR FUNDING
`
`Goods and
`Services
`
`IC 036. US 100 101 102. G & S: Medical accounts receivable financing, namely, the purchase of
`receivables secured by assignment from medical providers and subsequent resell of the
`receivables to third parties. FIRST USE: 20100201. FIRST USE IN COMMERCE: 20100201
`
`Mark Drawing
`Code
`
`Design Search
`Code
`
`(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
`
`01.01.09 - Stars, two; Two stars
`01.01.13 - Stars - multiple stars with five points
`27.03.05 - Objects forming letters or numerals
`
`Trademark
`Search Facility
`Classification
`Code
`
`LETTER-3-OR-MORE MED Combination of three or more letters as part of the mark
`SHAPES-ASTRO Astronomical shapes consisting of celestial bodies, globes and geographical
`maps
`SHAPES-COLORS-3-OR-MORE Design listing or lined for three or more colors
`
`Serial Number 77627753
`
`Filing Date
`
`December 5, 2008
`
`Current Basis
`
`1A
`
`Original Filing
`Basis
`
`1B
`
`Published for
`Opposition
`
`Registration
`Number
`
`Registration
`Date
`
`April 14, 2009
`
`3785703
`
`May 4, 2010
`
`http://tmsearch.uspto.gov/bin/gate.exe?f=doc&state=4810:gwa2g3.2.2
`
`1/11/2016
`
`

`
`Trademark Electronic Search System (TESS)
`
`Page 2 of 2
`
`Owner
`
`Attorney of
`Record
`
`Disclaimer
`
`Description of
`Mark
`
`(REGISTRANT) Fearsome Fivesome, LC DBA MedStar Funding LIMITED LIABILITY COMPANY
`TEXAS 13812 Flat Top Ranch Road Austin TEXAS 78732
`
`C. Russell Riddle
`
`NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "FUNDING" APART FROM THE
`MARK AS SHOWN
`
`The color(s) blue, green and white is/are claimed as a feature of the mark. The mark consists of A
`white rectangle, outlined in blue. Within the rectangle are the letters "MEDST R FUNDING" in
`blue. Between the letters "T" and "R" is a white star, outlined in green, with a solid green star in
`the middle.
`
`Type of Mark
`
`SERVICE MARK
`
`Register
`
`Live/Dead
`Indicator
`
`PRINCIPAL
`
`LIVE
`
`|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
`
`http://tmsearch.uspto.gov/bin/gate.exe?f=doc&state=4810:gwa2g3.2.2
`
`1/11/2016

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket