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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1100380
`
`Filing date:
`
`12/08/2020
`
`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 has filed a petition to cancel the registration indicated below.
`
`Petitioner Information
`
`Name
`
`Entity
`
`Address
`
`Correspondence
`information
`
`Better Weekdays, Inc.
`
`Corporation
`
`Citizenship
`
`Delaware
`
`1040 S. GAYLORD STREET, #26
`DENVER, CO 80209
`UNITED STATES
`
`JON A. SCHIFFRIN
`SCHIFFRIN & LONGO, P.C.
`8200 GREENSBORO DRIVE, SUITE 900
`MCLEAN, VA 22102
`UNITED STATES
`Primary Email: jon@schiffrinlaw.com
`7032885248
`
`Registration Subject to Cancellation
`
`Registration No.
`
`5190647
`
`Registration date
`
`04/25/2017
`
`Registrant
`
`Mentor.Space LLC
`1133 15TH STREET NW
`12TH FLOOR
`WASHINGTON, DC 20005
`UNITED STATES
`
`Goods/Services Subject to Cancellation
`
`Class 045. First Use: 2016/08/12 First Use In Commerce: 2016/08/12
`All goods and services in the class are subject to cancellation, namely: Internet-based social network-
`ing services; Providing on-line computer databasesand on-line searchable databases in thefield of
`social networking
`
`Grounds for Cancellation
`
`Abandonment
`
`Trademark Act Section 14(3)
`
`Attachments
`
`mentorspace petition to cancel.pdf(471822 bytes )
`
`Signature
`
`Name
`
`Date
`
`/jonaschiffrin/
`
`Jon A. Schiffrin
`
`12/08/2020
`
`

`

`
`
`
`Better Weekdays, Inc.,
`
`
`
`
`
`
`
`
`Petitioner,
`
`
`
`
`
`v.
`
`
`
`
`
`
`
`
`
`Mentor.Space LLC,
`
`
`
`
`
`
`
`
`
`
`Respondent.
`
`
`
`
`
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`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`Cancellation No. _________
`
`
`
`
`
`
`PETITION TO CANCEL
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`Better Weekdays, Inc. (“Petitioner”) believes that it is and will continue to be damaged
`
`by the registration of the mark MENTOR.SPACE, U.S. Registration No. 5,190,647, and hereby
`
`petitions to cancel the same pursuant to the provisions of 15 U.S.C. § 1064.
`
`
`
`1.
`
`Mentor.Space LLC dba Mentor.Space LLC (“Respondent”) is the record owner of
`
`U.S. Registration No. 5,190,647 for the mark MENTOR.SPACE for “Internet-based social
`
`networking services; Providing on-line computer databases and on-line searchable databases in
`
`the field of social networking,” in Class 45.
`
`2.
`
`3.
`
`Respondent's registration issued on April 25, 2017.
`
`Upon information and belief, Respondent does not provide Internet-based social
`
`networking services or computer databases and searchable databases in the field of social
`
`networking, and has no intent to provide these services under the MENTOR.SPACE trademark.
`
`4.
`
`Respondent’s MENTOR.SPACE mark would refer to a domain name under
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`www.mentor.space, and there is no content on this site. Exhibit A. Petitioner has not been able
`
`to find any use of this mark online, even though Respondent is providing Internet-based services.
`
`
`
`21329
`
`

`

`5.
`
`On May 28, 2020, Petitioner filed an intent-to-use application for MENTOR
`
`SPACES, covering, prepackaged software that facilitates interactions between current employees
`
`and potential candidates to an organization. That application was refused registration based on
`
`Respondent’s MENTOR.SPACE mark on September 3, 2020.
`
`6.
`
`On information and belief, Respondent has ceased use in commerce of
`
`MENTOR.SPACE with no
`
`intention
`
`to resume use, and Respondent has not used
`
`MENTOR.SPACE in connection with the services identified in Registration No. 5,190,647 for at
`
`least the past three years, and therefore, has abandoned the mark in connection with the services
`
`identified in that registration.
`
`7.
`
`The continued existence of Registration No. 5,190,647 damages Petitioner, as the
`
`registration confers upon Respondent various statutory presumptions to which it is not entitled in
`
`view of the abandonment of Respondent’s mark.
`
`WHEREFORE, pursuant to Section 14 of the Lanham Act, 15 USC §1064, Petitioner
`
`respectfully requests that U.S. Registration No. 5,190,647 be canceled and that this Petition to
`
`Cancel be sustained.
`
`
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`
`
`Date: December 8, 2020
`
`
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`21329
`
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`Respectfully submitted,
`
`
`
`Better Weekdays, Inc.
`
`By:
`
`
`
`
`
`
`
`
`
`_________________________________
`Jon A. Schiffrin
`Schiffrin & Longo, P.C.
`8200 Greensboro Drive, Suite 900
`McLean, VA 22102
`(703) 288-5248
`
`
`
`
`
`-2-
`
`

`

`
`
`CERTIFICATE OF SERVICE
`
`This is to certify that a copy of the foregoing Petition to Cancel was served on Respondent at its
`
`address of record, Mentor.Space LLC dba MentorSpace LLC, 1133 15th Street NW, 12th Floor,
`
`Washington, D.C. 20005 by First Class postage prepaid, this 8th day of December, 2020.
`
`
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`
`
`____________________________________
`Jon A. Schiffrin
`
`
`
`21329
`
`-3-
`
`

`

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`
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`
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`
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