Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA992432
`
`Filing date:
`
`08/03/2019
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`92071679
`
`Party
`
`Correspondence
`Address
`
`Defendant
`TKS INT'L, LLC
`
`TKS INTL LLC
`2501 RIVERSIDE DRIVE
`WANTAGH, NY 11793
`UNITED STATES
`scott@bwbj.com
`no phone number provided
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Answer
`
`John Troll
`
`jtroll@trollaw.com
`
`/john troll/
`
`08/03/2019
`
`Attachments
`
`ANSWER TO PETITION.pdf(88310 bytes )
`
`
`
`
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK
`
`OFFICE BEFORE THE TRADEMARK TRIAL AND
`
`APPEAL BOARD
`
`In the Matter of U.S. Trademark Registration No. 5168710: HODOR
`
`Home Box Office, Inc.,
`
`Petitioner,
`
`v.
`
`TKS INT'L, LLC,
`
`
`Registrant.
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`
`Cancellation No. 92071679
`
`
`ANSWER TO PETITION FOR CANCELLATION
`
`
`
` TKS INT’L, LLC, (“Registrant”) answers the petition for cancellation filed by Home
`
`Box Office, Inc. (“Petitioner”). Registrant denies that Petitioner will be damaged by the
`
`maintenance of U.S .Registration Number 5168710. Additionally, Registrant does not waive but
`
`rather preserves all applicable defenses available to Registrant under the Federal Rules of Civil
`
`Procedure or the Trademark Manual of Board Procedure. Registrant further states:
`
`1. Registrant admits that Petitioner is a Delaware Corporation with a principal place of
`
`business at 30 Hudson Yards, New York, New York 10001.
`
`2. Registrant admits that it is a Delaware limited liability company with an address of
`
`2501 Riverside Drive, Wantagh, New York 11793.
`
`3. Registrant denies the allegations contained in Paragraph 3 of the Petition to Cancel.
`
`On March 21, 2017 Registrant’s Mark was registered on the Supplemental Register under U.S.
`
`Trademark Registration Number 5168710 for “door stops of wood” in International Class 020.
`
`
`
`
`
`4365851-1
`
`1
`
`
`
`
`
`4. Registrant is without sufficient knowledge to form a belief as to the truthfulness of the
`
`allegations contained in Paragraph 4 of the Petition to Cancel and therefore denies them.
`
`5. Registrant is without sufficient knowledge to form a belief as to the truthfulness of the
`
`allegations contained in Paragraph 5 of the Petition to Cancel and therefore denies them.
`
`6. Registrant is without sufficient knowledge to form a belief as to the truthfulness of the
`
`allegations contained in Paragraph 6 of the Petition to Cancel and therefore denies them.
`
`7. Registrant is without sufficient knowledge to form a belief as to the truthfulness of the
`
`allegations contained in Paragraph 7 of the Petition to Cancel and therefore denies them.
`
`8. Registrant is without sufficient knowledge to form a belief as to the truthfulness of the
`
`allegations contained in Paragraph 8 of the Petition to Cancel and therefore denies them.
`
`9. Registrant is without sufficient knowledge to form a belief as to the truthfulness of the
`
`allegations contained in Paragraph 9 of the Petition to Cancel and therefore denies them.
`
`10. Registrant is without sufficient knowledge to form a belief as to the truthfulness of
`
`the allegations contained in Paragraph 10 of the Petition to Cancel and therefore denies them.
`
`11. Registrant admits that Petitioner is the owner of registration numbers 5221281 and
`
`5221282 for the mark HODOR for clothing, namely, t-shirts and mugs as set forth in Paragraph
`
`11 of the Petition to Cancel.
`
`12. Registrant is without sufficient knowledge to form a belief as to the truthfulness of
`
`the allegations contained in Paragraph 12 of the Petition to Cancel and therefore denies them.
`
`13. Registrant admits that its registration and use of its HODOR mark for “door stops of
`
`wood” is without Petitioner’s consent or permission. Registrant denies that it adopted its mark in
`
`bad faith or that it continues to act in bad faith as set forth in Paragraph 13 of the Petition to
`
`Cancel.
`
`
`
`4365851-1
`
`2
`
`
`
`
`
`
`
`
`
`
`
`
`
`14. Registrant denies the allegations contained in Paragraph 15 of the Petition to Cancel.
`
`
`
`Registrant asks the Trademark Trial and Appeal Board to deny the Petition to Cancel
`
`Registration No. 5168710.
`
`Please address all correspondence to John Troll, 11650 Olio Road, Suite 368, Fishers,
`
`Indiana 46037 jtroll@trollaw.com.
`
`
`
`August 3, 2019
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/John Troll/
`
`John Troll
`
`The Law Office of John Troll
`
`11650 Olio Road,
`
`Fishers, Indiana 46037
`
`317-730-5896
`
`jtroll@trollaw.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`4365851-1
`
`3
`
`
`
`
`
`CERTIFICATE OF SERVICE
`I certify that a copy of Registrant’s Answer to the Petition for Cancellation was served on
`Petitioner via electronic mail sent to Ms. Tamara Carmichael at tcarmichael@olshanlaw.com
`with a copy to aprovencio@olshanlaw.com.
`
`
`
`Date August 3,2019
`
`
`
`
`
`
`
`/John Troll/
`
`Attorney for Registrant
`
`
`
`
`
`
`
`4365851-1
`
`
`4
`
`
