`
`ESTTA Tracking number:
`
`ESTTA1247642
`
`Filing date:
`
`11/12/2022
`
`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
`
`EDGE Games, Inc.
`
`Corporation
`
`Citizenship
`
`CA
`
`530 SOUTH LAKE AVENUE 171
`PASADENA, CA 91101
`UNITED STATES
`
`TIM LANGDELL
`CEO
`EDGE GAMES INC
`530 SOUTH LAKE AVENUE 171
`PASADENA, CA 91101
`UNITED STATES
`Primary email: edgegames@gmail.com
`6268240097
`
`Registration subject to cancellation
`
`Registration no.
`
`6783655
`
`Registration date
`
`07/05/2022
`
`Register
`
`Registrant
`
`Principal
`
`LIGHTFOX GAMES, INC.
`107 SPRING ST.
`SEATTLE, WA 98104
`UNITED STATES
`
`Goods/services subject to cancellation
`
`Class 009. First Use: Sep 8, 2021 First Use In Commerce: Sep 8, 2021
`All goods and services in the class are subject to cancellation, namely: Downloadable video game
`programs; Downloadable software in the nature of a mobile application for playing games
`
`Grounds for cancellation
`
`Priority and likelihood of confusion
`
`Trademark Act Sections 14(1) and 2(d)
`
`No use of mark in commerce before application,
`amendment to allege use, or statement of use
`was due
`
`Trademark Act Sections 14(1) and 1(a), (c), and
`(d)
`
`Abandonment
`
`Trademark Act Section 14(3)
`
`Failure to function as a mark
`
`Trademark Act Sections 14(1) and 1,2 and 45
`
`Dilution by blurring
`
`Dilution by tarnishment
`
`Deceptiveness
`
`Trademark Act Sections 14(1) and 43(c)
`
`Trademark Act Sections 14(1) and 43(c)
`
`Trademark Act Sections 14(3) and 2(a)
`
`
`
`The registration is being used by, or with the per-
`mission of, the registrant so as to misrepresent
`the source of the goods or services on or in con-
`nection with which the mark is used
`
`Fraud on the USPTO
`
`Other
`
`Trademark Act Section 14(3)
`
`Trademark Act Section 14(3); In re Bose Corp.,
`580 F.3d 1240, 91 USPQ2d 1938 (Fed. Cir.
`2009)
`
`Common law rights as well as registered rights of
`Petitioner substantially predate any claimed
`rights of Registrant and there is a likelihood of
`confusion with said rights.
`
`Marks cited by petitioner as basis for cancellation
`
`U.S. registration
`no.
`
`5934761
`
`Register
`
`Principal
`
`Registration date
`
`12/17/2019
`
`Application date
`
`10/07/2010
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`EDGE GAMES
`
`NONE
`
`Class 009. First use: First Use: Dec 31, 2003 First Use In Commerce: Dec 31,
`2003
`Computer game programs; Computer game software; Computer game software
`downloadable from a global computer network; Computer game software for use
`on mobile and cellular phones
`
`U.S. registration
`no.
`
`5987060
`
`Register
`
`Principal
`
`Registration date
`
`02/18/2020
`
`Application date
`
`04/01/2013
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`EDGE PC
`
`NONE
`
`Class 009. First use: First Use: Jan 7, 1998 First Use In Commerce: Jan 7, 1998
`Computer hardware; Computer hardware and peripheral devices; Computers
`and computer hardware; Desktop computers; Entertainment system comprising
`a computer, multiple image display screen, multiple input devices and a printer;
`Handheld computers; Handheld personal computers; Laptop computers; Net-
`book computers; Notebook computers; Personal computers; Personal digital as-
`sistant computers; Tablet computer
`
`U.S. registration
`no.
`
`5987061
`
`Register
`
`Principal
`
`Registration date
`
`02/18/2020
`
`Application date
`
`04/01/2013
`
`Foreign priority
`date
`
`NONE
`
`
`
`Word mark
`
`Design mark
`
`EDGE GAMING PC
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 009. First use: First Use: Jan 7, 1998 First Use In Commerce: Jan 7, 1998
`Computer hardware; Computer hardware and computer peripherals; Computers
`and computer hardware; Desktop computers; Entertainment system comprising
`a computer, multiple image display screen, multiple input devices and a printer;
`Handheld computers; Handheld personal computers; Laptop computers; Net-
`book computers; Notebook computers; Personal computers; Personal digital as-
`sistant computers; Tablet computer
`
`U.S. application
`no.
`
`86538581
`
`Application date
`
`02/18/2015
`
`Register
`
`Principal
`
`Registration date
`
`NONE
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`EDGE
`
`NONE
`
`Class 009. First use: First Use: Jun 4, 1984 First Use In Commerce: Jun 4, 1984
`Computer application software for mobile phones, namely, software for games;
`Computer game programmes downloadable via the Internet; Computer game
`software; Computer game software downloadable from aglobal computer net-
`work; Downloadable computer game programs; Downloadable computer game
`software via a global computernetwork and wireless devices; Downloadable
`electronic publications in the nature of e-zines and electronically repurposed
`printed magazine content on the Internet, in the field of mobile, on-computerand
`on-console gaming in the field of games software and hardware; Handheld per-
`sonal computers; Personal computers; Video game software
`Class 016. First use: First Use: Jun 4, 1984 First Use In Commerce: Jun 4, 1984
`Cardboard packaging; Printed matter, namely, paper signs, books, manuals,
`curricula, newsletters, informational cards and brochures in the field of computer
`and video game software and hardware
`Class 041. First use: First Use: Aug 1, 2003 First Use In Commerce: Aug 1,
`2003
`Non-downloadable electronic publications in the nature of e-zines and electron-
`ically repurposed printed magazine content on the Internet, in the field of mobile,
`on-computer and on-console gaming in the field of games software and hard-
`ware; Providing a web-based system and on-line portal for customers to particip-
`ate in on-line gaming, operation and coordination of game tournaments, leagues
`and tours for recreational computer game playing purposes
`
`
`
`U.S. application
`no.
`
`90686518
`
`Application date
`
`05/02/2021
`
`Register
`
`Principal
`
`Registration date
`
`NONE
`
`Word mark
`
`Design mark
`
`THE EDGE
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 009. First use: First Use: Oct 1, 1984 First Use In Commerce: Jun 1, 1986
`Computer game software downloadable from a global computer network; Down-
`loadable computer game software for personal computers and home video
`game consoles; Downloadable computer game software for use on mobile and
`cellular phones; Downloadable game software; Downloadable computer game
`instruction manuals; Downloadable electronic game software; Downloadablein-
`teractive game software; Downloadablevideo and computer game programs;
`Recorded computer game software
`
`U.S. application
`no.
`
`97064385
`
`Application date
`
`10/07/2021
`
`Register
`
`Principal
`
`Registration date
`
`NONE
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`EDGE
`
`NONE
`
`Class 042. First use: First Use: Jun 1, 1984 First Use In Commerce: Jun 1, 1986
`Smartphone software design for games; Updating of computer games software;
`Designing and developing computer game software and videogame software for
`the use with computers, video game program systems and computer networks
`
`Attachments
`
`85891810#TMSN.png( bytes )
`90686518#TMSN.png( bytes )
`Petition to Cancel Knights Edge.pdf(472029 bytes )
`
`Signature
`
`/Tim Langdell/
`
`Name
`
`Date
`
`Tim Langdell
`
`11/12/2022
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`In the Matter of Registration No. 6,783,655
`For the Trademark KNIGHT’S EDGE
`Issued July 5, 2022
`
`
`)
`
`
`
`EDGE GAMES, INC.
`)
`
`
`
`
`
`
`
`)
`
`
`
`Petitioner,
`
`
`)
`
`
`
`
`
`
`
`)
`
`
`
`v.
`
`
`
`)
`
`
`
`
`
`
`
`)
`
`
`LIGHTFOX GAMES, INC.
`)
`
`
`
`
`
`
`
`)
`
`
`Registrant
`
`
`
`__________________________________________)
`
`Trademark Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1451
`Alexandria, Virginia 22313-1451
`
`Cancellation No.
`
`
`
`1
`
`
`
`
`
`PETITION FOR CANCELLATION
`
`EDGE Games, Inc., a California corporation having its principal place of business at 530
`
`South Lake Avenue, 171, Pasadena, CA 91101 (“Petitioner”), believes that is being and/or will
`
`be damaged by the continued registration of Registration No. 6,783,655 for KNIGHT’S EDGE
`
`in Class 09 (referred to herein as “the Registration”), in the United States Patent and Trademark
`
`Office (“USPTO”) by Lightfox Games, Inc. (“Registrant”), and hereby petitions to cancel same
`
`under Section 14 of the Trademark Act of 1946, 15 U.S.C. § 1064.
`
`As grounds for this Petitioner, Petitioner alleges the following:
`
`FACTUAL BACKGROUND
`
`Petitioner and the “EDGE” Family of Marks
`
`1. EDGE Games, Inc. (“EGI” also “Petitioner”) is a California corporation, having its
`
`principal place of business at 530 South Lake Avenue, 171, Pasadena, CA 91101, United States of
`
`America. EGI’s predecessor in rights was founded in 1981, is well known developer and
`
`publisher of interactive entertainment for personal computers, mobile phones and devices,
`
`handheld game players, and online game formats, and computer game hardware such as game
`
`computers and handheld gaming devices, and digital news magazines for games, as well as
`
`related goods and services.
`
`2. EGI has continuously owned U.S. trademark registrations for the mark EDGE and other
`
`EDGE formative marks at all times since or about 1992, and currently owns a number of EDGE
`
`formative U.S. Trademark Registrations: Registration No. 5,934,761 for EDGE GAMES in class
`
`09 for computer games and mobile phone games and other products and services; Reg. No.
`
`
`
`2
`
`
`
`5,987,060 for EDGE PC in Class 09; and Reg. No. 5,987,061 for EDGE GAMING PC in Class
`
`09.
`
`3. Over the past 38 years, Petitioner has used a wide range of EDGE formative marks, in
`
`each case acquiring goodwill from the use of such marks, and never abandoning the rights in any
`
`such mark with no intention of recommencing use. These formative marks have included some
`
`that have had registrations at one point and some that have always been part of Petitioner’s
`
`common law rights in the mark EDGE. Such marks include: CUTTING EDGE, LEADING
`
`EDGE, SOUL EDGE, MAGIC EDGE, PLANET’S EDGE, GAMER’s EDGE, EDGE 3D, and
`
`many more.
`
`4. Petitioner notes that all three of EGI’s U.S. EDGE registrations were filed prior to the
`
`date of claimed first use of Registrant’s Registered Mark and all of EGI’s EDGE formative
`
`marks had their first use in U.S. commerce substantially prior to any claimed first use by
`
`Registrant.
`
`5. In addition, EGI owns the following U.S. trademark applications for EDGE formative
`
`marks: Serial No. 86538581 for EDGE in Classes 09, 16 and 41 for computer and mobile games
`
`and related goods and services; Serial No. 90686518 for THE EDGE in Class 09 for computer
`
`and mobile games and related goods and services; and Serial No. 97064385 for EDGE in Class
`
`42 for the design of computer and mobile games and related services.
`
`6. Importantly, Petitioner notes that its application to register the mark EDGE for computer
`
`and mobile games Serial No. 86538581 in Classes 09, 16 and 41 was filed February 18, 2015,
`
`which is substantially earlier than the claimed first use date of Registrant’s Registration.
`
`7. Given Registrant’s mark KNIGHT’S EDGE has a likelihood of confusion with
`
`Petitioner’s mark EDGE, clearly the USPTO should not have permitted Registrant’s mark to go
`
`
`
`3
`
`
`
`forward to publication. Instead, Registrant’s application should have been held in suspension
`
`pending the outcome of Petitioner’s 2015 application for the mark EDGE for mobile games.
`
`8. Along with owning U.S. registrations and applications for the mark EDGE and EDGE
`
`formative marks that substantially pre-date the filing date of Registrant’s Mark, EGI also has
`
`common law rights in the marks EDGE, THE EDGE, EDGE GAMES, and a family of EDGE
`
`formative marks for computer games arising from continuous use in United States commerce
`
`since or about June 1984. Additionally, EGI has maintained a web presence since 1995 for
`
`games at www.edgegames.com where consumers have been able to access downloadable
`
`content, game information, screenshots, and news and information about the EDGE brand of
`
`computer games and computer game hardware. EGI claims first use of its EDGE and EDGE
`
`formative marks in commerce of June 1984.
`
`9. Since or about 1992, EGI has endeavored at all times to monitor the U.S. trademarks
`
`register to check that no other entity has attempted to register the mark EDGE, or any other
`
`EDGE formative mark, in its name with the goal of maintaining a lack of dilution of the mark
`
`EDGE on the U.S. Register. Until about 2015, EGI was able to keep the U.S. Register reasonably
`
`clear of any rival EDGE marks for the same or similar goods and services (computer games).
`
`However, due to clerical errors, it has only just been drawn to EGI’s attention that some EDGE
`
`formative marks for games slipped through without EGI opposing their registration and without
`
`the USPTO appropriately citing our earlier filed applications and registrations against such
`
`newer “EDGE” mark applications for games. The subject Registration is one of those marks that
`
`EGI overlooked in error that clearly it should have filed a timely opposition to the registration of.
`
`10. It has recently come to EGI’s attention that at least one other infringing user of
`
`Petitioner’s mark EDGE is refusing to cease use, citing Registrant’s mark as the reason for not
`
`
`
`4
`
`
`
`respecting EGI’s 38-year rights in the mark EDGE and EDGE formative marks for games. EGI
`
`is thus being harmed and almost certainly will be further harmed should Registrant’s mark
`
`continue to exist on the Register causing unlawful dilution of EGI’s core house mark EDGE.
`
`Lightfox Games and the Subject Registration
`
`11. On information and belief, Lightfox Games Inc, is a relatively new company located
`
`Seattle, Washington at 107 Spring St Seattle WA 98104. It appears to have only one game, the
`
`subject game named “Knight’s Edge.” By contrast, EGI has published many tens of ‘EDGE’
`
`brand games in U.S. commerce over the past 38 years.
`
`12. The Registration KNIGHT’S EDGE is in the following Class for the following goods and
`
`services: IC 009. Downloadable video game programs; Downloadable software in the nature of
`
`a mobile application for playing games
`
`13. Registrant claims first use in commerce of September 8, 2021, decades after Petitioner’s
`
`first use of the mark EDGE.
`
`14. On information and belief, the subject Registration No. 6,783,655 is no longer in use and
`
`has been abandoned within the meaning of Section 45 of the Lanham Act as a result of non-use
`
`and intent not to resume use.
`
`15. On information and belief, the subject Registration No. 6,783,655 was fraudulently
`
`obtained.
`
`16. On information and belief, the subject Registration No. 6,783,655 was not being use in
`
`U.S. commerce as at the date of filing in all of the classes of goods applied for, or for all goods
`
`and services listed in the application, or not used at the time the Statement of Use was filed.
`
`17.
`
`On information and belief, Registrant has acquired no appreciable goodwill in
`
`relation to its use of the Registered Mark, and any such use has been likely to cause confusion in
`
`
`
`5
`
`
`
`the minds of U.S. consumers as to the true source of goods and services due to the fact of the
`
`well-known nature of Petitioner’s EDGE mark and the 38 years of goodwill associated therewith
`
`in U.S. nationwide commerce.
`
`18.
`
`On information and belief, Registrant does not use the name “Knight’s Edge” as a
`
`genuine trademark, indicating claim of rights with the “TM’ indicator, and so forth.
`
`19.
`
`According to the specimen of use supplied to the USPTO by Registrant of its
`
`“Knight’s Edge” the word EDGE is displayed in capital letters almost identically to the way that
`
`EGI has been using the mark EDGE for many decades:
`
`Registrant’s claimed use:
`
`
`
`
`
`
`
`Examples of Petitioner’s use:
`
`
`
`
`
`6
`
`
`
`
`
`Count I: Petitioner’s Prior Rights and Likelihood of Confusion
`
`20.
`
`Petitioner hereby incorporates by reference the allegations in Paragraphs 1
`
`through 19 hereof as if fully set forth herein.
`
`21.
`
`Petitioner uses its house mark EDGE both on its own as EDGE (and almost
`
`always as capital letters) and has a long history of using the core mark EDGE with other
`
`words to form a “family of EDGE marks.” For instance, THE EDGE, EDGE GAMES,
`
`CUTTING EDGE, OVER THE EDGE, GET THE EDGE, MAGIC EDGE, PLANET’S
`
`EDGE and so on, to promote and market its famous EDGE brand computer software and
`
`hardware, and related goods and services.
`
`22. Registrant’s mark is likely to be confused with Registrant’s mark EDGE and likely to be
`
`assumed by U.S. consumers to be an EDGE formative mark whose origins are with Petitioner,
`
`not Registrant.
`
`23. The goods listed in the Registration and Petitioner’s downloadable video games and
`
`mobile games are legally identical. Petitioner and Registrant sell their games through essentially
`
`identical channels of trade in U.S. commerce.
`
`24. Accordingly, Registrant’s mark in the Registration is likely to cause confusion or
`
`mistake, or to deceive the public into believing that Registrant’s goods emanate from or are
`
`somehow affiliated or associated with, connected to or sponsored by Petitioner. The mark
`
`KNIGHT’S EDGE should be deemed barred from registration and should be cancelled because it
`
`consists of or comprises a mark which so resembles Petitioner’s previously used (and earlier
`
`registered) marks EDGE and EDGE GAMES as to be likely, when used in connection with the
`
`goods in the Registration, to cause confusion, mistake, or deception with the meaning of 15
`
`U.S.C. § 1064.
`
`
`
`7
`
`
`
`25. If Registrant is permitted to continue owning a valid registration for the KNIGHT’S
`
`EDGE mark, there will be likelihood of confusion as to the source of Registrant’s goods,
`
`resulting in continued damage and injury to Petitioner.
`
`26. Petitioner will continue to be damaged by Registrant’s ongoing registration of the
`
`KNIGHT’S EDGE mark because such registration supports and assists Registrant in the
`
`confusing and misleading use of KNIGHT’S EDGE and will give color of rights to Registrant in
`
`violation of Petitioner’s prior and superior rights in its EDGE and EDGE GAMES marks. The
`
`continued validity of Registrant’s Registration interferes with the Petitioner’s current business.
`
`Petitioner therefore has a real interest in seeking cancellation of the Registration and standing to
`
`bring this action.
`
`Count II: Registrant’s Fraud in its Procurement of Registration
`
`27. Petitioner hereby incorporates by reference the allegations in Paragraphs 1 through 26
`
`hereof as if fully set forth herein.
`
`28. In Registrant’s application that is filed on April 29, 2021 that resulted in the Registration,
`
`a true and correct copy of which is annexed hereto as Exhibit A and had used the mark
`
`KNIGHT’S EDGE since September 8, 2021, the subject mark KNIGHT’S EDGE in U.S.
`
`commerce in connection with Downloadable video game programs; Downloadable software in
`
`the nature of a mobile application for playing games (the “Representation”).
`
`29. On information and belief, the Representation was false at the time Registrant made it,
`
`intentionally misleading the USPTO as to the true facts of Registrant’s use of the mark, if any, at
`
`the time of filing the original application. Reviewing the claimed specimens of use that
`
`accompanied the application, it is clear that the mark was not being used for all the goods and
`
`services Registrant falsely claimed they were being used for, if they were being used for any.
`
`
`
`8
`
`
`
`30. Based on the foregoing, Registrant obtained the Registration fraudulently, which is
`
`grounds for cancellation of the Registration in its entirety.
`
`Count III: No Use of Mark in Commerce Before Application for Registration was Filed
`
`31.
`
`Petitioner hereby incorporates by reference the allegations in Paragraphs 1
`
`through 30 hereof as if fully set forth herein.
`
`32.
`
`On information and belief, and contrary to the claim made by Registrant at the
`
`time of filing its application to register the mark KNIGHT’S EDGE that result in the
`
`Registration, Registrant did not use in interstate commerce the KNIGHT’S EDGE mark in
`
`connection with all the goods and services listed in such application prior to filing such
`
`application.
`
`33.
`
`As a further basis for cancellation, because Registrant was not using the
`
`KNIGHT’S EDGE mark in connection with any of the goods identified in the Registration as of
`
`September 8, 2021, the application that resulted in the Registration was void ab initio.
`
`34. Petitioner will be damaged by continued existence of the Registration, which would
`
`improperly give color of rights to Registrant and entitle Registrant to presumptions and other
`
`benefits under the Lanham Act that are not warranted.
`
`Count IV: Registration No. 6,783,655 Has Been Abandoned
`
`
`
`35. Petitioner hereby incorporates by reference the allegations in Paragraphs 1 through 34
`
`hereof as if fully set forth herein.
`
`36. Registration No. 6,783,655 may be cancelled under Section 14 of the Trademark Act of
`
`1946, 15 U.S.C. § 1064(3), due to abandonment.
`
`
`
`9
`
`
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`37. On information and belief, Registrant has discontinued use of the mark associated with
`
`the Subject Registration with the intent not to resume such use.
`
`38. On information and belief, Registrant has never used or intended to use the mark
`
`identified in the Subject Registration in connection with all of the goods and services described
`
`in the Registration, Registrant has no independent use that could support registration of the mark
`
`in connection with those goods and services. Petitioner alleges that the Subject Registration has
`
`been abandoned and should be cancelled.
`
`39. On information and belief, it appears that Registrant ceased trading and entered
`
`bankruptcy in 2017, thus abandoning the subject registration with no intent to resume use.
`
`40. Petitioner is and will continue to be harmed by the continued registration of the mark in
`
`the Registration.
`
`Prayer for Relief
`
`
`
`WHEREFORE, Petitioner prays that this cancellation petition be sustained, and that the
`
`Registration be in all respects cancelled. The filing fee of $600 for the Petition to Cancel is being
`
`submitted electronically with this Petition.
`
`Dated: November 12, 2022
`
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`10
`
`Respectfully submitted,
`
`
`
`By: ____________________
`Dr. Tim Langdell, CEO
`Petitioner in pro se.
`
`EDGE Games, Inc.
`530 South Lake Avenue 171
`Pasadena, CA 91101
`edgegames@gmail.com
`626 824 0097
`
`
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`CERTIFICATION OF ELECTRONIC MAILING
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` I
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` hereby certify that the foregoing Petitioner of Cancellation is being electronically submitted
`through the Trademark Trial and Appeal Board’s ESTTA System on this 12th day of November
`2022.
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`_________________________
`Dr, Tim Langdell
`
`
`
`11
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`
`
`EXHIBIT A
`EXHIBIT A
`
`
`
`12
`
`
`
`PTO- 1478
`
`Approved for use through 04/30/2021. OMB 0651-0009
`
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number
`
`Trademark/Service Mark Application, Principal Register
`
`Serial Number: 90680793
`Filing Date: 04/29/2021
`
`The table below presents the data as entered.
`
`Input Field
`
`Entered
`
`SERIAL NUMBER
`
`MARK INFORMATION
`
`*MARK
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`LITERAL ELEMENT
`
`MARK STATEMENT
`
`REGISTER
`
`APPLICANT INFORMATION
`
`*OWNER OF MARK
`
`*MAILING ADDRESS
`
`*CITY
`
`*STATE
`(Required for U.S. applicants)
`
`*COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`*ZIP/POSTAL CODE
`(Required for U.S. and certain international addresses)
`
`*EMAIL ADDRESS
`
`LEGAL ENTITY INFORMATION
`
`TYPE
`
`90680793
`
`KNIGHT'S EDGE
`
`YES
`
`YES
`
`KNIGHT'S EDGE
`
`The mark consists of standard characters, without claim to any
`particular font style, size, or color.
`
`Principal
`
`LIGHTFOX GAMES, INC.
`
`107 Spring St.
`
`Seattle
`
`Washington
`
`United States
`
`98104
`
`XXXX
`
`corporation
`
`STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY OF
`INCORPORATION
`
`Delaware
`
`GOODS AND/OR SERVICES AND BASIS INFORMATION
`
`INTERNATIONAL CLASS
`
`009
`
`*IDENTIFICATION
`
`FILING BASIS
`
`ATTORNEY INFORMATION
`
`NAME
`
`ATTORNEY DOCKET NUMBER
`
`ATTORNEY BAR MEMBERSHIP NUMBER
`
`Downloadable video game programs; Downloadable software
`in the nature of a mobile application for playing games
`
`SECTION 1(b)
`
`Patchen M. Haggerty
`
`134097-4001
`
`XXX
`
`
`
`YEAR OF ADMISSION
`
`U.S. STATE/ COMMONWEALTH/ TERRITORY
`
`FIRM NAME
`
`STREET
`
`CITY
`
`STATE
`
`COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`ZIP/POSTAL CODE
`
`PHONE
`
`FAX
`
`EMAIL ADDRESS
`
`OTHER APPOINTED ATTORNEY
`
`XXXX
`
`XX
`
`Perkins Coie LLP
`
`P.O. Box 2608
`
`Seattle
`
`Washington
`
`United States
`
`98111
`
`206-359-8000
`
`206-359-9000
`
`pctrademarks@perkinscoie.com
`
`Lindsay B. Allen, Britt L. Anderson, Craig A. Beaker, Stefan
`B. Blum, Jared H. Bryant, Jeremy L. Buxbaum, L. Omar
`Cojulun, Sabrina J. Danielson, Colleen M. Ganin, Alexander
`J.A. Garcia, Daniel J. Glenn, Mark S. Goodrich, Lynne E.
`Graybeal, John P. Halski, Thomas L. Holt, Jason S. Howell,
`Lisa K. Koenig, Elizabeth A. Kristoferson, Kirstin E. Larson,
`Winfield B. Martin, Alicia A. Matusheski, Vicki Y. Nee, Lisa
`T. Oratz, Scott J. Palmer, Seth H. Reagan, Andrew A. Roppel,
`Grace Han Stanton, James L. Vana, Fabricio Vayra and Robert
`G. Woolston
`
`CORRESPONDENCE INFORMATION
`
`NAME
`
`Patchen M. Haggerty
`
`PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE
`
`pctrademarks@perkinscoie.com
`
`SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES)
`
`NOT PROVIDED
`
`FEE INFORMATION
`
`APPLICATION FILING OPTION
`
`NUMBER OF CLASSES
`
`APPLICATION FOR REGISTRATION PER CLASS
`
`*TOTAL FEES DUE
`
`*TOTAL FEES PAID
`
`SIGNATURE INFORMATION
`
`SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`DATE SIGNED
`
`SIGNATURE METHOD
`
`TEAS Standard
`
`1
`
`350
`
`350
`
`350
`
`/Jordan Arnold/
`
`Jordan Arnold
`
`Treasurer
`
`000-000-0000
`
`04/29/2021
`
`Sent to third party for signature
`
`
`
`PTO- 1478
`
`Approved for use through 04/30/2021. OMB 0651-0009
`
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number
`
`
`
`Trademark/Service Mark Application, Principal Register
`
`To the Commissioner for Trademarks:
`
`Serial Number: 90680793
`Filing Date: 04/29/2021
`
`MARK: KNIGHT'S EDGE (Standard Characters, see mark)
`The literal element of the mark consists of KNIGHT'S EDGE. The mark consists of standard characters, without claim to any particular font
`style, size, or color.
`The applicant, LIGHTFOX GAMES, INC., a corporation of Delaware, having an address of
` 107 Spring St.
` Seattle, Washington 98104
` United States
` XXXX
`
`requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register
`established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:
`
`International Class 009: Downloadable video game programs; Downloadable software in the nature of a mobile application for playing games
`Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified
`goods/services.
`
`The owner's/holder's proposed attorney information: Patchen M. Haggerty. Other appointed attorneys are Lindsay B. Allen, Britt L. Anderson,
`Craig A. Beaker, Stefan B. Blum, Jared H. Bryant, Jeremy L. Buxbaum, L. Omar Cojulun, Sabrina J. Danielson, Colleen M. Ganin, Alexander
`J.A. Garcia, Daniel J. Glenn, Mark S. Goodrich, Lynne E. Graybeal, John P. Halski, Thomas L. Holt, Jason S. Howell, Lisa K. Koenig, Elizabeth
`A. Kristoferson, Kirstin E. Larson, Winfield B. Martin, Alicia A. Matusheski, Vicki Y. Nee, Lisa T. Oratz, Scott J. Palmer, Seth H. Reagan,
`Andrew A. Roppel, Grace Han Stanton, James L. Vana, Fabricio Vayra and Robert G. Woolston. Patchen M. Haggerty of Perkins Coie LLP, is a
`member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
` P.O. Box 2608
` Seattle, Washington 98111
` United States
` 206-359-8000(phone)
` 206-359-9000(fax)
` pctrademarks@perkinscoie.com
`The docket/reference number is 134097-4001.
`Patchen M. Haggerty submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest
`court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
`The applicant's current Correspondence Information:
`
` Patchen M. Haggerty
`
` PRIMARY EMAIL FOR CORRESPONDENCE: pctrademarks@perkinscoie.com SECONDARY EMAIL ADDRESS(ES)
`(COURTESY COPIES): NOT PROVIDED
`
`Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and
`the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark
`Electronic Application System (TEAS).
`A fee payment in the amount of $350 has been submitted with the application, representing payment for 1 class(es).
`
`Basis:
`If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a):
`
`Declaration
`
`
`
`The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered;
`The mark is in use in commerce and was in use in commerce as of the filing date of the application on or in connection with the
`goods/services in the application;
`The specimen(s) shows the mark as used on or in connection with the goods/services in the application and was used on or in
`connection with the goods/services in the application as of the application filing date; and
`To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
`
`And/Or
`If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d),
`and/or § 1126(e):
`
`The signatory believes that the applicant is entitled to use the mark in commerce;
`The applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as
`of the application filing date on or in connection with the goods/services in the application; and
`To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
`
`To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the
`mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the
`goods/services of such other persons, to cause confusion or mistake, or to deceive.
`
`To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the
`allegations and other factual contentions made above have evidentiary support.
`
`The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §
`1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration
`resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and
`belief are believed to be true.
`
`Declaration Signature
`
`Signature: /Jordan Arnold/ Date: 04/29/2021
`Signatory's Name: Jordan Arnold
`Signatory's Position: Treasurer
`Signatory's Phone Number: 000-000-0000
`Signature method: Sent to third party for signature
`Payment Sale Number: 90680793
`Payment Accounting Date: 04/29/2021
`
`Serial Number: 90680793
`Internet Transmission Date: Thu Apr 29 13:23:22 ET 2021
`TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XXX-202104291323228
`89106-90680793-78058b3ff8c15a9a7d2a9efcc
`429c1339edb0515645e35f6fa2c6a6d5ec924f0e
`5-CC-23214345-20210428191747939973
`
`
`
`
`KNIGHT'S EDGE
`
`

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