Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA1053208
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`Filing date:
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`05/04/2020
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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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`92073747
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`Party
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`Correspondence
`Address
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`Defendant
`CI Radar, LLC
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`CI RADAR LLC
`SUITE 1 4046 WETHERBURN WAY
`NORCROSS, GA 30092
`UNITED STATES
`mvanlaeke@ciradar.com
`no phone number provided
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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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`Answer
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`Rexford Brabson
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`rex@t-rexlaw.com
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`/Rexford Brabson/
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`05/04/2020
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`Attachments
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`2020.05.04-Answer.pdf(146217 bytes )
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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 Trademark Registration No. 4707676
`Registrant: CI Radar, LLC
`Mark:
`CI RADAR
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`Radar, LLC
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`vs.
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`CI Radar, LLC
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`Petitioner,
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`Registrant.
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`) Cancellation No. 92073747
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
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`REGISTRANT CI RADAR, LLC’S ANSWER
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`In response to Petitioner Radar, LLC’s (“Petitioner”) Petition to Cancel, Registrant CI
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`Radar, LLC (“Registrant”) responds as follows:
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`Registrant denies each and every allegation of the Petition to Cancel unless it is expressly
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`admitted herein:
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`1)
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`Registrant is without sufficient knowledge or information to form a belief as to the
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`allegations of paragraph 1, and therefore, denies the same.
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`2)
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`Registrant is without sufficient knowledge or information to form a belief as to the
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`allegations of paragraph 2, and therefore, denies the same.
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`Registrant is without sufficient knowledge or information to form a belief as to the
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`3)
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`allegations of paragraph 3, and therefore, denies the same.
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`4)
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`5)
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`6)
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`1)
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`Admitted.
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`Admitted.
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`Denied. Registrants specifically deny the legal conclusions contained in paragraph 6.
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`AFFIRMATIVE DEFENSES
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`First Affirmative Defense: The Petition to Cancel fails to state a claim upon which relief
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`can be granted.
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`2)
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`Second Affirmative Defense: Registrant had use of the mark in commerce on all of the
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`claimed services prior to the filing date of the application underlying the registration at
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`issue in this Petition to Cancel.
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`3)
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`Third Affirmative Defense: Registrant alleges on information and belief that as a result of
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`Petitioner’s own acts and/or omissions, the Petition to Cancel is barred by the doctrine of
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`laches.
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`4)
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`Fourth Affirmative Defense: Registrant alleges on information and belief that the Petition
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`to Cancel is barred by the doctrine of estoppel.
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`5)
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`Fifth Affirmative Defense: Registrant alleges on information and belief that as a result of
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`its own acts and omissions, Petitioner has waived any right to pursue this Petition to
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`Cancel.
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`6)
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`Sixth Affirmative Defense: Registrant alleges on information and belief that the Petition
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`to Cancel is barred by the doctrine of acquiescence.
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`7)
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`Seventh Affirmative Defense: Registrant alleges on information and belief that the
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`Petition to Cancel is barred by the doctrine of unclean hands.
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`Eighth Affirmative Defense: Any and all acts alleged to have been committed by
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`8)
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`Registrant were performed with lack of knowledge and lack of willful intent.
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`May 04, 2020
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`Respectfully submitted,
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`/s/ Rexford Brabson, Esq.
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`Rexford Brabson
`T-Rex Law, P.C.
`Attorneys for Registrant
`5580 La Jolla Blvd. #393
`La Jolla, CA 92037
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`CERTIFICATE OF SERVICE
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` I
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` hereby certify that a true copy of the foregoing REGISTRANT CI RADAR, LLC’S ANSWER
`is being electronically mailed to Petitioner’s attorney at the following address:
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`EMMETT MCAULIFFE
`RIEZMAN BERGER PC
`7700 BONHOMME AVE, STE 700
`SAINT LOUIS, MO 63105
`UNITED STATES
`rem@riezmanberger.com
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`/s/ Rexford Brabson, Esq.
`Rexford Brabson
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`May 04, 2020
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