Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1247664
`
`Filing date:
`
`11/13/2022
`
`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
`OXBRIDGE PUBLISHING INC
`530 SOUTH LAKE AVENUE 171
`PASADENA, CA 91101
`UNITED STATES
`Primary email: edgegames@gmail.com
`Secondary email(s): edgegames@gmail.com
`6268240097
`
`Registration subject to cancellation
`
`Registration no.
`
`5944855
`
`Registration date
`
`12/24/2019
`
`Register
`
`Registrant
`
`Principal
`
`COMMUNITY INITIATIVES
`1000 BROADWAY
`SUITE 480
`OAKLAND, CA 94607
`UNITED STATES
`
`Goods/services subject to cancellation
`
`Class 009. First Use: Jul 23, 2017 First Use In Commerce: Jul 23, 2017
`All goods and services in the class are subject to cancellation, namely: Downloadable mobile applica-
`tions, namely, computer game software and social networking software which provide gaming and
`self-help for young people with physical or mental health issues; Motion picture films about young
`people with physical and mental health issues; Motion picture films featuring children's entertainment
`
`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
`
`

`

`The mark is not inherently distinctive and has not
`acquired distinctiveness
`
`Trademark Act Sections 14(1) and 1,2 and 45;
`and Section 2(f)
`
`Dilution by blurring
`
`Dilution by tarnishment
`
`Registrant not rightful owner of mark for identi-
`fied goods or services
`
`Deceptiveness
`
`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 Sections 14(1) and 43(c)
`
`Trademark Act Sections 14(1) and 43(c)
`
`Trademark Act Sections 14(1) and 1
`
`Trademark Act Sections 14(3) and 2(a)
`
`Trademark Act Section 14(3)
`
`Trademark Act Section 14(3); In re Bose Corp.,
`580 F.3d 1240, 91 USPQ2d 1938 (Fed. Cir.
`2009)
`
`Registration in Class 09 also infringes Petition-
`er's common law rights in various EDGE format-
`ive marks use in the past 38 years in US com-
`merce.
`
`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
`
`Word mark
`
`Design mark
`
`EDGE GAMING PC
`
`Application date
`
`04/01/2013
`
`Foreign priority
`date
`
`NONE
`
`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
`
`Word mark
`
`Design mark
`
`EDGE
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`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
`
`Word mark
`
`EDGE
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`Attachments
`
`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
`
`85891810#TMSN.png( bytes )
`86538581#TMSN.png( bytes )
`90686518#TMSN.png( bytes )
`97064385#TMSN.png( bytes )
`Petition to Cancel Shadows Edge.pdf(827774 bytes )
`
`Signature
`
`/Tim Langdell/
`
`Name
`
`Date
`
`Tim Langdell
`
`11/13/2022
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`In the Matter of Registration No. 5,944,855
`For the Trademark SHADOW’S EDGE
`Issued December 24, 2019
`
`
`)
`
`
`
`EDGE GAMES, INC.
`)
`
`
`
`
`
`
`
`)
`
`
`
`Petitioner,
`
`
`)
`
`
`
`
`
`
`
`)
`
`
`
`v.
`
`
`
`)
`
`
`
`
`
`
`
`)
`
`
`COMMUNITY INITIATIVES
`)
`
`
`
`
`
`
`
`)
`
`
`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. 5,944,855 for SHADOW’S EDGE
`
`in Class 09 (referred to herein as “the Registration”), in the United States Patent and Trademark
`
`Office (“USPTO”) by Resonance House LLC. (“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 SHADOW’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.
`
`Resonance House and the Subject Registration
`
`11. On information and belief, Community Initiatives is a company located in Oakland,
`
`California at 1000 Broadway, Suite 480, Oakland, CA 94607. The original applicant and original
`
`registrant of the mark was Resonance House LLC, is a company located in Mountain View,
`
`California at 2440 W. El Camino Real Suite 300 Mountain View CA 94040. According to the
`
`Trademark database, an assignment was recorded between the two entities on September 9,
`
`2020.
`
`12. There appears to be no evidence of Community Initiatives using the mark, and the seller
`
`of the game titled ‘Shadow’s Edge” would appear to still be “ Resonance House LLC” as at 12
`
`November 2022, not Community Initiatives (See Exhibit B).
`
`13. This petition regards the cancellation of Class 09 of the subject registration. The
`
`Registration SHADOW’S EDGE is in the following subject Class for the following goods and
`
`services: IC 009. Downloadable mobile applications, namely, computer game software and
`
`social networking software which provide gaming and self-help for young people with physical
`
`or mental health issues; Motion picture films about young people with physical and mental
`
`health issues; Motion picture films featuring children's entertainment
`
`14. Registrant claims first use in commerce of July 23, 2017, decades after Petitioner’s first
`
`use of the mark EDGE.
`
`
`
`5
`
`

`

`15. On information and belief, the subject Registration No. 5,944,855 is no longer in use for
`
`the goods and services listed in Class 09 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.
`
`16. On information and belief, the subject Registration No. 5,944,855 in Class 09 was
`
`fraudulently obtained.
`
`17. On information and belief, the subject Registration No. 5,944,855 was not being use in
`
`U.S. commerce as at the date of filing in all of the class of goods applied for that is subject of
`
`this cancellation (Class 09), or for all goods and services listed in the application in Class 09, or
`
`not used for all goods and services listed in Class 09 at the time the Statement of Use was filed.
`
`18.
`
`On information and belief, Registrant has acquired no appreciable goodwill in
`
`relation to its use of the Registered Mark in Class 09, and any such use has been likely to cause
`
`confusion in 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.
`
`19.
`
`On information and belief, Registrant does not use the name “SHADOW’s Edge”
`
`as a genuine trademark in Class 09, indicating claim of rights with the “TM’ indicator etc.
`
`20.
`
`According to the specimen of use supplied to the USPTO by Registrant of its
`
`“SHADOW’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:
`
`
`
`6
`
`

`

`Examples of Petitioner’s use:
`
`
`
`
`
`
`
`
`
`
`
`Count I: Petitioner’s Prior Rights and Likelihood of Confusion
`
`21.
`
`Petitioner hereby incorporates by reference the allegations in Paragraphs 1
`
`through 20 hereof as if fully set forth herein.
`
`22.
`
`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
`
`
`
`7
`
`

`

`EDGE and so on, to promote and market its famous EDGE brand computer software and
`
`hardware, and related goods and services.
`
`23. 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.
`
`24. The goods listed in the Registration and Petitioner’s ‘downloadable mobile applications,
`
`namely, computer game software’ and ‘computer games and mobile games’ are legally identical.
`
`Petitioner and Registrant sell their games through essentially identical channels of trade in U.S.
`
`commerce.
`
`25. 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
`
`SHADOW’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.
`
`26. If Registrant is permitted to continue owning a valid registration for the SHADOW’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.
`
`27. Petitioner will continue to be damaged by Registrant’s ongoing registration of the
`
`SHADOW’S EDGE mark because such registration supports and assists Registrant in the
`
`confusing and misleading use of SHADOW’S EDGE and will give color of rights to Registrant
`
`
`
`8
`
`

`

`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
`
`28. Petitioner hereby incorporates by reference the allegations in Paragraphs 1 through 27
`
`hereof as if fully set forth herein.
`
`29. In Registrant’s application that is filed on February 23, 2018 that resulted in the
`
`Registration, a true and correct copy of which is annexed hereto as Exhibit A and had used the
`
`mark SHADOW’S EDGE since July 23, 2017, the subject mark SHADOW’S EDGE in U.S.
`
`commerce in connection with Downloadable mobile applications, namely, computer game
`
`software and social networking software which provide gaming and self-help for young people
`
`with physical or mental health issues; Motion picture films about young people with physical and
`
`mental health issues; Motion picture films featuring children's entertainment (the
`
`“Representation”).
`
`30. 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 in Class 09 Registrant falsely claimed they were being used for, if they were being used
`
`for any.
`
`31. Based on the foregoing, Registrant obtained the Registration fraudulently, which is
`
`grounds for cancellation of the Registration in its entirety.
`
`
`
`9
`
`

`

`Count III: No Use of Mark in Commerce Before Application for Registration was Filed
`
`32.
`
`Petitioner hereby incorporates by reference the allegations in Paragraphs 1
`
`through 31 hereof as if fully set forth herein.
`
`33.
`
`On information and belief, and contrary to the claim made by Registrant at the
`
`time of filing its application to register the mark SHADOW’S EDGE that result in the
`
`Registration, Registrant did not use in interstate commerce the SHADOW’S EDGE mark in
`
`connection with all the goods and services listed in such application prior to filing such
`
`application.
`
`34.
`
`As a further basis for cancellation, because Registrant was not using the
`
`SHADOW’S EDGE mark in connection with any of the goods identified in the Registration in
`
`Class 09 as of December 24, 2019, the application that resulted in the Registration was void ab
`
`initio.
`
`35. 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. 5,944,855 Has Been Abandoned
`
`
`
`36. Petitioner hereby incorporates by reference the allegations in Paragraphs 1 through 35
`
`hereof as if fully set forth herein.
`
`37. Class 09 of Registration No. 5,944,855 may be cancelled under Section 14 of the
`
`Trademark Act of 1946, 15 U.S.C. § 1064(3), due to abandonment.
`
`38. On information and belief, Registrant has discontinued use of the mark associated with
`
`the Subject Registration with the intent not to resume such use.
`
`
`
`10
`
`

`

`39. 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 in Class 09, Registrant has no independent use that could support registration
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`of the mark in connection with those goods and services. Petitioner alleges that the Subject
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`Registration has been abandoned in regard to Class 09 and should be cancelled for this class.
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`40. Petitioner is and will continue to be harmed by the continued registration of the mark in
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`the Registration.
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`Prayer for Relief
`
`
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`WHEREFORE, Petitioner prays that this cancellation petition be sustained, and that the
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`Registration be cancelled in regard to Class 09. The filing fee of $600 for the Petition to Cancel
`
`is being submitted electronically with this Petition.
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`Dated: November 13, 2022
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`Respectfully submitted,
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`
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`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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`11
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`

`

`CERTIFICATION OF ELECTRONIC MAILING
`
` 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 13th day of November
`2022.
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`_________________________
`Dr, Tim Langdell
`
`
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`12
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`

`

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`
`
`
`EXHIBIT A
`EXHIBIT A
`
`
`
`13
`
`

`

`Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`PTO Form 1478 (Rev 09/2006)
`
`OMB No. 0651-0009 (Exp 02/28/2021)
`
`Trademark/Service Mark Application, Principal Register
`
`TEAS Plus Application
`
`Serial Number: 87808512
`Filing Date: 02/23/2018
`
`NOTE: Data fields with the * are mandatory under TEAS Plus. The wording "(if applicable)" appears where the field is only mandatory
`under the facts of the particular application.
`
`The table below presents the data as entered.
`
`Input Field
`
`Entered
`
`TEAS Plus
`
`MARK INFORMATION
`
`*MARK
`
`*STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`LITERAL ELEMENT
`
`*MARK STATEMENT
`
`REGISTER
`
`APPLICANT INFORMATION
`
`*OWNER OF MARK
`
`*STREET
`
`*CITY
`
`*STATE
`(Required for U.S. applicants)
`
`*COUNTRY
`
`*ZIP/POSTAL CODE
`(Required for U.S. and certain international addresses)
`
`PHONE
`
`EMAIL ADDRESS
`
`LEGAL ENTITY INFORMATION
`
`YES
`
`Shadow's Edge
`
`YES
`
`YES
`
`Shadow's Edge
`
`The mark consists of standard characters, without claim to any
`particular font style, size, or color.
`
`Principal
`
`Resonance House LLC
`
`2440 W. El Camino Real, Suite 300
`
`Moutain View
`
`California
`
`United States
`
`94040
`
`650-450-5400
`
`XXXX
`
`*TYPE
`
`LIMITED LIABILITY COMPANY
`
`* STATE/COUNTRY WHERE LEGALLY ORGANIZED
`
`California
`
`GOODS AND/OR SERVICES AND BASIS INFORMATION
`
`* INTERNATIONAL CLASS
`
`009 
`
`*IDENTIFICATION
`
`Downloadable mobile applications for young people with
`physical and mental health issues
`
`

`

`*FILING BASIS
`
`       FIRST USE ANYWHERE DATE
`
`       FIRST USE IN COMMERCE DATE
`
`       SPECIMEN
`       FILE NAME(S)
`
`       SPECIMEN DESCRIPTION
`
`* INTERNATIONAL CLASS
`
`*IDENTIFICATION
`
`*FILING BASIS
`
`       FIRST USE ANYWHERE DATE
`
`       FIRST USE IN COMMERCE DATE
`
`       SPECIMEN
`       FILE NAME(S)
`
`       SPECIMEN DESCRIPTION
`
`* INTERNATIONAL CLASS
`
`*IDENTIFICATION
`
`*FILING BASIS
`
`       FIRST USE ANYWHERE DATE
`
`       FIRST USE IN COMMERCE DATE
`
`       SPECIMEN
`       FILE NAME(S)
`
`       SPECIMEN DESCRIPTION
`
`SECTION 1(a)
`
`At least as early as 07/23/2017
`
`At least as early as 07/23/2017
`
`\\TICRS\EXPORT17\IMAGEOUT
`17\878\085\87808512\xml1\ FTK0003.JPG
`
`Landing page for mobile application download on Google play
`
`009 
`
`Motion picture films about young people with physical and
`mental health issues; Motion picture films featuring children's
`entertainment
`
`SECTION 1(a)
`
`At least as early as 07/23/2017
`
`At least as early as 07/23/2017
`
`\\TICRS\EXPORT17\IMAGEOUT
`17\878\085\87808512\xml1\ FTK0004.JPG
`
`Screen capture of Youtube site featuring videos
`
`041 
`
`Educational and entertainment services, namely, a continuing
`program about young people with physical and mental
`health issues accessible by means of mobile application;
`Entertainment services, namely, providing brain training games
`on-line and in mobile wireless form; Entertainment services,
`namely, providing a website featuring games and puzzles;
`Providing a website featuring information in the fields of
`education and entertainment for children
`
`SECTION 1(a)
`
`At least as early as 07/23/2017
`
`At least as early as 07/23/2017
`
`\\TICRS\EXPORT17\IMAGEOUT
`17\878\085\87808512\xml1\ FTK0005.JPG
`
`Screen capture of the current published website for Shadow's
`Edge displaying the use of the mark on the homepage
`
`* INTERNATIONAL CLASS
`
`044 
`
`*IDENTIFICATION
`
`*FILING BASIS
`
`       FIRST USE ANYWHERE DATE
`
`       FIRST USE IN COMMERCE DATE
`
`       SPECIMEN
`       FILE NAME(S)
`
`       SPECIMEN DESCRIPTION
`
`Providing a web site featuring information in the field of
`mental health and wellness; Providing a website featuring
`information about health and wellness, namely, young people
`with physical and mental health issues; Providing a website
`featuring information about health, wellness and nutrition
`
`SECTION 1(a)
`
`At least as early as 07/23/2017
`
`At least as early as 07/23/2017
`
`\\TICRS\EXPORT17\IMAGEOUT
`17\878\085\87808512\xml1\ FTK0006.JPG
`
`Screen capture of the current published website for Shadow's
`Edge displaying the use of the mark on the homepage
`
`

`

`* INTERNATIONAL CLASS
`
`045 
`
`*IDENTIFICATION
`
`*FILING BASIS
`
`       FIRST USE ANYWHERE DATE
`
`       FIRST USE IN COMMERCE DATE
`
`       SPECIMEN
`       FILE NAME(S)
`
`       SPECIMEN DESCRIPTION
`
`ADDITIONAL STATEMENTS INFORMATION
`
`Providing a social networking website for entertainment
`purposes; Online social networking services in the field of
`physical and mental health provided via a website; Online
`social networking services provided through a community
`website; Providing a resource website providing information in
`the field of personal development
`
`SECTION 1(a)
`
`At least as early as 07/23/2017
`
`At least as early as 07/23/2017
`
`\\TICRS\EXPORT17\IMAGEOUT
`17\878\085\87808512\xml1\ FTK0007.JPG
`
`Screen capture of the current published Facebook for Shadow's
`Edge displaying the use of the mark on the homepage
`
`*TRANSLATION
`(if applicable)
`
`*TRANSLITERATION
`(if applicable)
`
`*CLAIMED PRIOR REGISTRATION
`(if applicable)
`
`*CONSENT (NAME/LIKENESS)
`(if applicable)
`
`*CONCURRENT USE CLAIM
`(if applicable)
`
`ATTORNEY INFORMATION
`
`NAME
`
`STREET
`
`CITY
`
`STATE
`
`COUNTRY
`
`ZIP/POSTAL CODE
`
`PHONE
`
`EMAIL ADDRESS
`
` 
`
` 
`
` 
`
` 
`
` 
`
`Elsa Ramo
`
`315 S Beverly Dr Suite 210
`
`Beverly Hills
`
`California
`
`United States
`
`90212
`
`310-284-3494
`
`eramo@ramolaw.com
`
`AUTHORIZED TO COMMUNICATE VIA EMAIL
`
`Yes
`
`CORRESPONDENCE INFORMATION
`
`*NAME
`
`*STREET
`
`*CITY
`
`*STATE
`(Required for U.S. addresses)
`
`*COUNTRY
`
`*ZIP/POSTAL CODE
`
`PHONE
`
`Elsa Ramo
`
`315 S Beverly Dr Suite 210
`
`Beverly Hills
`
`California
`
`United States
`
`90212
`
`310-284-3494
`
`

`

`*EMAIL ADDRESS
`
`eramo@ramolaw.com; mary@ramolaw.com;
`chad@ramolaw.com
`
`*AUTHORIZED TO COMMUNICATE VIA EMAIL
`
`Yes
`
`FEE INFORMATION
`
`APPLICATION FILING OPTION
`
`NUMBER OF CLASSES
`
`FEE PER CLASS
`
`*TOTAL FEE PAID
`
`SIGNATURE INFORMATION
`
`* SIGNATURE
`
`* SIGNATORY'S NAME
`
`* SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`* DATE SIGNED
`
`TEAS Plus
`
`4
`
`225
`
`900
`
`/Elsa Ramo, Esq./
`
`Elsa Ramo
`
`Attorney of record, California bar member
`
`310-284-3494
`
`02/23/2018
`
`

`

`Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`PTO Form 1478 (Rev 09/2006)
`
`OMB No. 0651-0009 (Exp 02/28/2021)
`
` 
`
`Trademark/Service Mark Application, Principal Register
`
`TEAS Plus Application
`
`Serial Number: 87808512
`Filing Date: 02/23/2018
`
`To the Commissioner for Trademarks:
`
`MARK: Shadow's Edge (Standard Characters, see mark)
`The mark in your application is Shadow's Edge.
`
`The applicant, Resonance House LLC, a limited liability company legally organized under the laws of California, having an address of
`      2440 W. El Camino Real, Suite 300
`      Moutain View, California 94040
`      United States
`      650-450-5400(phone)
`      XXXX (not authorized)
`
`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:
`
`For specific filing basis information for each item, you must view the display within the Input Table.
`       International Class 009:  Downloadable mobile applications for young people with physical and mental health issues; Motion picture films
`about young people with physical and mental health issues; Motion picture films featuring children's entertainment
`
`Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or
`will later submit, one specimen as a JPG/PDF image file showing the mark as used in com