Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA1118033
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`Filing date:
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`03/03/2021
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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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`REXFORD BRABSON
`T-REX LAW PC
`5580 LA JOLLA BLVD #393
`LA JOLLA, CA 92037
`UNITED STATES
`Primary Email: rex@t-rexlaw.com
`858-220-1166
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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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`Motion to Dismiss 2.132
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`Rexford Brabson
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`rex@t-rexlaw.com
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`/Rexford Brabson/
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`03/03/2021
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`Attachments
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`2021.03.03-Motion for Judgment.pdf(142701 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’S MOTION FOR JUDGMENT
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`Pursuant to the provisions of T.B.M.P. § 534.02 and 37 C.F.R. § 2.132(a), Registrant CI
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`Radar, LLC (“Registrant”) hereby moves the Board for dismissal of the instant Cancellation
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`action due to Petitioner Radar, LLC’s (“Petitioner”) failure to prosecute its case.
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`First and foremost, Petitioner has offered no evidence to support its case. Petitioner’s
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`Trial Period ended February 27, 2021. 2 TTABVUE 3. Petitioner did not attach Status and Title
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`copies of any pending or valid U.S. trademark applications or registrations to its Petition to
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`Cancel. 1 TTABVUE. Petitioner did not cite any pending or valid U.S. trademark applications or
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`registrations in its ESTTA filing sheet. 1 TTABVUE, ESTTA filing sheet. Petitioner did not
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`issue its Initial Disclosures. Petitioner has not sought nor issued any Discovery Requests.
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`Petitioner has not sought nor taken any depositions. Petitioner has not sought nor taken any
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`testimony depositions.
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`Second, Registrant issued Discovery Requests on October 29, 2020. Receipt was not
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`acknowledged by opposing counsel, and no Responses were ever produced by Petitioner. In fact,
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`Registrant’s counsel has not heard anything from counsel for Petitioner since the Discovery
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`Conference on June 02, 2020.
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`Pursuant to the foregoing, it is clear that Petitioner has no interest or intent on prosecuting
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`the Cancellation action.
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`Finally, Registrant respectfully and expressly reserves its right to file evidence in the
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`event this Motion is denied.
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`Pursuant to the foregoing, Registrant hereby moves the Board for dismissal of the instant
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`Cancellation action for Petitioner’s failure to prosecute its case.
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`March 03, 2021
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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’S MOTION FOR JUDGMENT
`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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`March 03, 2021
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