Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1156436
`
`Filing date:
`
`08/30/2021
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`Party
`
`Correspondence
`Address
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`92077633
`
`Defendant
`Byron Belin
`
`BYRON BELIN
`424 MAIN ST., STE A
`TEXARKANA, TX 75501
`UNITED STATES
`No email provided.
`No phone number provided.
`
`Answer
`
`Jeffrey Williams
`
`jeff@williamsiplaw.com, docket@williamsiplaw.com
`
`/JOWilliams#67374/
`
`08/30/2021
`
`Attachments
`
`20210830 Answer to Petition to Cancel.pdf(48495 bytes )
`
`
`
`ESTTA Tracking number:
`
`ESTTA1156436
`
`Filing date:
`
`08/30/2021
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`Party
`
`Correspondence
`Address
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`92077633
`
`Defendant
`Byron Belin
`
`BYRON BELIN
`424 MAIN ST., STE A
`TEXARKANA, TX 75501
`UNITED STATES
`No email provided.
`No phone number provided.
`
`Answer
`
`Jeffrey Williams
`
`jeff@williamsiplaw.com, docket@williamsiplaw.com
`
`/JOWilliams#67374/
`
`08/30/2021
`
`Attachments
`
`20210830 Answer to Petition to Cancel.pdf(48495 bytes )
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In re Registration No. 6,002,970
`Mark: BMF
`Registration Date: March 3, 2020
`
`Zuffa, LLC,
`Petitioner,
`
`vs.
`
`Byron Belin,
`Respondent.
`
`
`
`Cancellation No. 92077633
`
`
`
`
`
`
`
`
`*
`*
`*
`*
`*
`*
`*
`*
`
`ANSWER TO PETITION TO CANCEL
`
`Respondent Byron Belin by and through undersigned counsel responds to the Petition to
`
`Cancel filed herein as follows:
`
`
`1.
`
`
`2.
`
`Respondent admits the allegations in the first numbered paragraph of the Petition to Cancel.
`
`Respondent admits the allegations in the second numbered paragraph of the Petition to
`
`Cancel.
`
`
`3.
`
`Respondent admits the allegations in the third numbered paragraph of the Petition to
`
`Cancel.
`
`
`4.
`
`Respondent lacks knowledge or information sufficient to form a belief as to the truth of the
`
`allegations in the fourth numbered paragraph of the Petition to Cancel regarding the Petitioner and
`
`therefore denies same.
`
`
`5.
`
`Respondent lacks knowledge or information sufficient to form a belief as to the truth of the
`
`allegations in the fifth numbered paragraph of the Petition to Cancel regarding the Petitioner and
`
`therefore denies same.
`
`ANSWER TO PETITION TO CANCEL REG. NO. 6,002,970
`
`
`Page 1 of 8
`
`
`
`
`6.
`
`Respondent admits the allegations in the sixth numbered paragraph of the Petition to
`
`Cancel.
`
`
`7.
`
`Respondent admits the allegations in the seventh numbered paragraph of the Petition to
`
`Cancel.
`
`
`8.
`
`Respondent admits the allegations in the eighth numbered paragraph of the Petition to
`
`Cancel.
`
`
`9.
`
`Respondent admits the allegations in the ninth numbered paragraph of the Petition to
`
`Cancel.
`
`
`10.
`
`Respondent admits the allegations in the tenth numbered paragraph of the Petition to
`
`Cancel regarding seeking an extension of time but denies the allegation to what it indicates.
`
`
`11.
`
`Respondent admits the allegations in the eleventh numbered paragraph of the Petition to
`
`Cancel.
`
`
`12.
`
`Respondent admits the allegations in the twelfth numbered paragraph of the Petition to
`
`Cancel regarding the alleged date of first use but denies the allegation of no actual use.
`
`
`13.
`
`Respondent denies the allegations contained in the thirteenth numbered paragraph of the
`
`Petition to Cancel.
`
`
`14.
`
`Respondent denies the allegations contained in the fourteenth numbered paragraph of the
`
`Petition to Cancel.
`
`
`
`ANSWER TO PETITION TO CANCEL REG. NO. 6,002,970
`
`
`Page 2 of 8
`
`
`
`15.
`
`Respondent lacks knowledge or information sufficient to form a belief as to the truth of the
`
`allegations in the fifteenth numbered paragraph of the Petition to Cancel regarding the Petitioner
`
`and therefore denies same.
`
`16.
`
`Respondent denies the allegations contained in the sixteenth numbered paragraph of the
`
`Petition to Cancel.
`
`ANSWERS TO COUNT 1
`
`
`17.
`
`Respondent asserts the information in the seventeenth numbered paragraph of the Petition
`
`to Cancel is merely a statement to which no answer is needed.
`
`18.
`
`Respondent denies the allegations contained in the eighteenth numbered paragraph of the
`
`Petition to Cancel.
`
`19.
`
`Respondent denies the allegations contained in the nineteenth numbered paragraph of the
`
`Petition to Cancel and avers that the allegation calls for a legal conclusion to which no response is
`
`required.
`
`20.
`
`Respondent denies the allegations contained in the twentieth numbered paragraph of the
`
`Petition to Cancel.
`
`21.
`
`Respondent denies the allegations contained in the twenty first numbered paragraph of the
`
`Petition to Cancel.
`
`22.
`
`Respondent lacks knowledge or information sufficient to form a belief as to the truth of the
`
`allegations in the twenty second numbered paragraph of the Petition to Cancel and therefore denies
`
`same.
`
`23.
`
`Respondent denies the allegations contained in the twenty third numbered paragraph of the
`
`Petition to Cancel and avers that the allegation calls for a legal conclusion to which no response is
`
`required.
`
`ANSWER TO PETITION TO CANCEL REG. NO. 6,002,970
`
`
`Page 3 of 8
`
`
`
`24.
`
`Respondent denies the allegations contained in the twenty fourth numbered paragraph of
`
`the Petition to Cancel and avers that the allegation calls for a legal conclusion to which no response
`
`is required.
`
`25.
`
`Respondent denies the allegations contained in the twenty fifth numbered paragraph of the
`
`Petition to Cancel and avers that the allegation calls for a legal conclusion to which no response is
`
`required.
`
`26.
`
`Respondent avers that the allegation in the twenty sixth unnumbered paragraph of the
`
`Petition to Cancel calls for a legal conclusion to which no response is required.
`
`27.
`
`Respondent avers that the allegation in the twenty seventh unnumbered paragraph of the
`
`Petition to Cancel calls for a legal conclusion to which no response is required.
`
`
`
`28.
`
` ANSWERS TO COUNT I1
`
`Respondent asserts the information in the twenty eighth numbered paragraph of the Petition
`
`to Cancel is merely a statement to which no answer is needed.
`
`29.
`
`Respondent admits the allegations in the twenty ninth numbered paragraph of the Petition
`
`to Cancel.
`
`30.
`
`Respondent asserts the information in the thirtieth numbered paragraph of the Petition to
`
`Cancel is merely a statement to which no answer is needed.
`
`31.
`
`Respondent denies the allegations contained in the thirty first numbered paragraph of the
`
`Petition to Cancel.
`
`32.
`
`Respondent denies the allegations contained in the thirty second numbered paragraph of
`
`the Petition to Cancel.
`
`33.
`
`Respondent avers that the allegation in the thirty third unnumbered paragraph of the
`
`Petition to Cancel calls for a legal conclusion to which no response is required.
`
`ANSWER TO PETITION TO CANCEL REG. NO. 6,002,970
`
`
`Page 4 of 8
`
`
`
`ANSWERS TO COUNT II1
`
`34.
`
`Respondent asserts the information in the thirty fourth numbered paragraph of the Petition
`
`to Cancel is merely a statement to which no answer is needed.
`
`35.
`
`Respondent avers that the allegation in the thirty fifth unnumbered paragraph of the Petition
`
`to Cancel calls for a legal conclusion to which no response is required.
`
`36.
`
`Respondent lacks knowledge or information sufficient to form a belief as to the truth of the
`
`allegations in the thirty sixth paragraph of the Petition to Cancel regarding the Petitioner and
`
`therefore denies same.
`
`37.
`
`Respondent denies the allegations contained in the thirty seventh numbered paragraph of
`
`the Petition to Cancel.
`
`38.
`
`Respondent denies the allegations contained in the thirty eighth numbered paragraph of the
`
`Petition to Cancel.
`
`39.
`
`Respondent denies the allegations contained in the thirty ninth numbered paragraph of the
`
`Petition to Cancel.
`
`40.
`
`Respondent avers that the allegation in the fortieth unnumbered paragraph of the Petition
`
`to Cancel calls for a legal conclusion to which no response is required.
`
`41.
`
`All allegations in the Petition to Cancel, whether implicit or explicit, which require an
`
`answer are denied to the extent that those allegations are not expressly admitted herein.
`
`Allegations in the Petition to Cancel, whether implicit or explicit, to which no responsive pleading
`
`is required shall be deemed denied.
`
`
`
`FIRST AFFIRMATIVE DEFENSE
`
`The Petition to Cancel fails to state a claim upon which relief can be granted.
`
`42.
`
`
`
`
`
`ANSWER TO PETITION TO CANCEL REG. NO. 6,002,970
`
`
`Page 5 of 8
`
`
`
`SECOND AFFIRMATIVE DEFENSE
`
`Petitioner lacks standing to assert the claims in the Petition to Cancel.
`
`THIRD AFFIRMATIVE DEFENSE
`
`Petitioner’s claims are barred, in whole or in part, by the doctrine of acquiescence.
`
`FOURTH AFFIRMATIVE DEFENSE
`
`Petitioner’s claims are barred, in whole or in part, by the doctrine of laches.
`
`FIFTH AFFIRMATIVE DEFENSE
`
`Petitioner’s claims are barred, in whole or in part, by the doctrine of equitable estoppel.
`
`SIXTH AFFIRMATIVE DEFENSE
`
`Petitioner’s claims are barred by waiver.
`
`SEVENTH AFFIRMATIVE DEFENSE
`
`Petitioner’s claims are barred by undue delay.
`
`EIGTH AFFIRMATIVE DEFENSE
`
`Respondent’s mark and Petitioner’s alleged mark are not confusingly similar.
`
`NINTH AFFIRMATIVE DEFENSE
`
`Upon information and belief, Petitioner will not be damaged by the continued use and
`
`43.
`
`
`
`44.
`
`
`
`45.
`
`
`
`46.
`
`
`
`47.
`
`
`
`48.
`
`
`
`49.
`
`
`
`
`50.
`
`registration of Respondent’s mark.
`
`
`
`51.
`
`TENTH AFFIRMATIVE DEFENSE
`
`Respondent presently lacks sufficient knowledge or information upon which to ascertain
`
`whether yet unstated affirmative defenses are available. Respondent reserves the right to amend
`
`ANSWER TO PETITION TO CANCEL REG. NO. 6,002,970
`
`
`Page 6 of 8
`
`
`
`its answers or affirmative defenses and to assert additional defenses ascertained by further
`
`investigation and discovery.
`
`
`
`WHEREFORE, Respondent respectfully requests that the Petition to Cancel be dismissed
`
`with prejudice and that judgment be entered in favor of Respondent.
`
`Dated: August 30, 2021
`
` Respectfully submitted,
`
`
`
`
`
`/Jeffrey Williams/
`Jeffrey Williams
`Law Office of Jeff Williams, PLLC
`800 E. Border Street., Ste. 305
`Arlington, Texas 76010
`Telephone: (817) 225-6561
`jeff@williamsiplaw.com
`
`COUNSEL FOR RESPONDENT
`
`
`
`
`
`
`
`
`
`ANSWER TO PETITION TO CANCEL REG. NO. 6,002,970
`
`
`Page 7 of 8
`
`
`
`CERTIFICATE OF SERVICE
`
`
`I hereby certify that the foregoing Answer to Petition to Cancel was served upon Petitioner
`
`this 30th day of August, 2021 via email to: Opposer’s counsel at
`
`trademarkslv@dickinsonwright.com
`jkrieger@dickinsonwright.com
`
`
`
`
`
` /Jeffrey Williams/
`Jeffrey Williams
`
`
`
`
`
`
`
`
`ANSWER TO PETITION TO CANCEL REG. NO. 6,002,970
`
`
`Page 8 of 8
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
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.
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.
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
