Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1273763
`
`Filing date:
`
`03/22/2023
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`92081010
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Defendant
`The Giving Back Fund, Inc.
`
`REBECCAH GAN
`MUNCY, GEISSLER, OLDS & LOWE, P.C.
`125 S. ROYAL ST.
`ALEXANDRIA, VA 22314
`UNITED STATES
`Primary email: rgan@mg-ip.com
`Secondary email(s): maryfran@mg-ip.com, swr@mg-ip.com,
`cemond@mg-ip.com
`703-621-7140
`
`Answer
`
`Rebeccah Gan
`
`rgan@mg-ip.com, maryfran@mg-ip.com, swr@mg-ip.com, cemond@mg-ip.com
`
`/rgan/
`
`03/22/2023
`
`Attachments
`
`Answer to Petition for Cancellation - 92081010.pdf(306267 bytes )
`
`

`

`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`EDGE GAMES, INC.
`
`
`Petitioner,
`
`
`
`v.
`
`
`THE GIVING BACK FUND, INC.,
`
`
`Respondent.
`
`
`
`
`Cancellation No. 92081010
`
`Registration No.: 5,944,855
`
`Mark: Shadow’s Edge
`
`
`
`
`
`
`
`
`
`ANSWER TO PETITION FOR CANCELLATION
`
`Comes now The Giving Back Fund, Inc. (hereinafter referred to as the “Respondent”),
`
`through counsel, for the Answer to the Petition for Cancellation filed by EDGE Games, Inc.
`
`(hereinafter referred to as the “Petitioner”) on November 13, 2022, against the continued
`
`registration of the “Shadow’s Edge” mark for goods in International Class 9, as set forth in U.S.
`
`Trademark Registration No. 5,944,855, which registered on December 24, 2019 (hereinafter also
`
`referred to as the “Petitioned Mark”).
`
`Respondent, through counsel, answers, pleads, avers, and alleges as follows:
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`Except as expressly admitted herein, Respondent denies each and every allegation set
`
`forth in Petitioner’s Petition for Cancellation, and the allegations admitted herein are only
`
`admitted to the extent expressly stated.
`
`ANSWERS
`
`Answering the introductory paragraph of the Petition for Cancellation, Respondent
`
`specifically admits the allegations regarding: Petitioner’s name, Petitioner’s legal entity type and
`
`Answer to Petition for Cancellation
`Cancellation No. 92081010
`Page 1 of 9
`
`

`

`
`
`
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`State where organized, Petitioner’s address, the registration number of the Petitioned Mark, the
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`mark and International Class number of the Petitioned Mark, and that Resonance House LLC
`
`was the Registrant of the Petitioned Mark on the registration date. Respondent denies that
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`Petitioner is being and/or will be damaged by the continued registration of the Petitioned Mark.
`
`1.
`
`Answering Paragraph 1 of the Petition for Cancellation, Respondent specifically admits
`
`the allegations regarding: Petitioner’s name, Petitioner’s legal entity type and State where
`
`organized, and Petitioner’s address. Respondent does not have sufficient knowledge and
`
`information as to form a belief as to the truth or accuracy of the remaining allegations contained
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`therein, and accordingly denies the allegations.
`
`2.
`
`Answering Paragraph 2 of the Petition for Cancellation, Respondent specifically admits
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`the allegation that Petitioner is the current record owner of the three referenced registrations.
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`Respondent does not have sufficient knowledge and information as to form a belief as to the truth
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`or accuracy of the remaining allegations contained therein, and accordingly denies the
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`allegations.
`
`3.
`
`Answering Paragraph 3 of the Petition for Cancellation, Respondent does not have
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`sufficient knowledge and information as to form a belief as to the truth or accuracy of the
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`allegations contained therein, and accordingly denies the allegations.
`
`4.
`
`Answering Paragraph 4 of the Petition for Cancellation, Respondent specifically admits
`
`the allegations that Petitioner is the record owner of the three referenced registrations, and that
`
`the application filing dates of Petitioner’s three referenced registrations were earlier than the
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`claimed first use in commerce date in the record of the Petitioned Mark. Respondent does not
`
`have sufficient knowledge and information as to form a belief as to the truth or accuracy of the
`
`remaining allegations contained therein, and accordingly denies the allegations.
`
`Answer to Petition for Cancellation
`Cancellation No. 92081010
`Page 2 of 9
`
`

`

`
`
`
`
`5.
`
`Answering Paragraph 5 of the Petition for Cancellation, Respondent admits the
`
`allegations.
`
`6.
`
`Answering Paragraph 6 of the Petition for Cancellation, Respondent specifically admits
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`the allegations regarding: the filing date of Petitioner’s referenced application, and that the filing
`
`date was earlier than the claimed first use in commerce date in the record of the Petitioned Mark.
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`To the extent any further response were required, Respondent does not have sufficient knowledge
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`and information as to form a belief as to the truth or accuracy of the remaining allegations
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`contained therein, and accordingly denies the allegations.
`
`7.
`
`Answering Paragraph 7 of the Petition for Cancellation, Respondent denies the
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`allegations.
`
`8.
`
`Answering Paragraph 8 of the Petition for Cancellation, Respondent does not have
`
`sufficient knowledge and information as to form a belief as to the truth or accuracy of the
`
`allegations contained therein, and accordingly denies the allegations.
`
`9.
`
`Answering Paragraph 9 of the Petition for Cancellation, Respondent does not have
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`sufficient knowledge and information as to form a belief as to the truth or accuracy of the
`
`allegations contained therein, and accordingly denies the allegations.
`
`10.
`
`Answering Paragraph 10 of the Petition for Cancellation, Respondent does not have
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`sufficient knowledge and information as to form a belief as to the truth or accuracy of the
`
`allegations contained therein, and accordingly denies the allegations.
`
`11.
`
`Answering Paragraph 11 of the Petition for Cancellation, Respondent specifically admits
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`the allegations regarding: the addresses of Resonance House LLC and Community Initiatives,
`
`and that Resonance House LLC was the original Applicant and Registrant of the Petitioned Mark
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`on the application filing date and registration date. Respondent notes the following: Resonance
`
`Answer to Petition for Cancellation
`Cancellation No. 92081010
`Page 3 of 9
`
`

`

`
`
`
`
`House LLC was a limited liability company, Community Initiatives was a non-profit corporation,
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`and while the referenced assignment was recorded in the USPTO on September 9, 2020, the
`
`effective date of that assignment was January 6, 2020.
`
`12.
`
`Answering Paragraph 12 of the Petition for Cancellation, Respondent does not have
`
`sufficient knowledge and information as to form a belief as to the truth or accuracy of the
`
`allegations contained therein, and accordingly denies the allegations. Respondent’s answer does
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`not in any way validate the admissibility of “Exhibit B” as evidence in this proceeding.
`
`13.
`
`Answering Paragraph 13 of the Petition for Cancellation, Respondent admits the
`
`allegations.
`
`14.
`
`Answering Paragraph 14 of the Petition for Cancellation, Respondent specifically admits
`
`the allegation regarding the claimed first use in commerce date in the record of the Petitioned
`
`Mark. Respondent does not have sufficient knowledge and information as to form a belief as to
`
`the truth or accuracy of the remaining allegations contained therein, and accordingly denies the
`
`allegations.
`
`15.
`
`Answering Paragraph 15 of the Petition for Cancellation, Respondent denies the
`
`allegations.
`
`16.
`
`Answering Paragraph 16 of the Petition for Cancellation, Respondent denies the
`
`allegation.
`
`17.
`
`Answering Paragraph 17 of the Petition for Cancellation, Respondent does not have
`
`sufficient knowledge and information as to form a belief as to the truth or accuracy of the
`
`allegations contained therein, and accordingly denies the allegations.
`
`18.
`
`Answering Paragraph 18 of the Petition for Cancellation, Respondent denies the
`
`allegations.
`
`Answer to Petition for Cancellation
`Cancellation No. 92081010
`Page 4 of 9
`
`

`

`
`
`
`
`19.
`
`Answering Paragraph 19 of the Petition for Cancellation, Respondent denies the
`
`allegations.
`
`20.
`
`Answering Paragraph 20 of the Petition for Cancellation, Respondent does not have
`
`sufficient knowledge and information as to form a belief as to the truth or accuracy of the
`
`allegations contained therein, and accordingly denies the allegations.
`
`21.
`
`Paragraph 21 contains paragraph and allegation incorporation language from Petitioner,
`
`which does not require an answer from Respondent.
`
`22.
`
`Answering Paragraph 22 of the Petition for Cancellation, Respondent does not have
`
`sufficient knowledge and information as to form a belief as to the truth or accuracy of the
`
`allegations contained therein, and accordingly denies the allegations.
`
`23.
`
`Answering Paragraph 23 of the Petition for Cancellation, Respondent denies the
`
`allegations.
`
`24.
`
`Answering Paragraph 24 of the Petition for Cancellation, Respondent does not have
`
`sufficient knowledge and information as to form a belief as to the truth or accuracy of the
`
`allegations contained therein, and accordingly denies the allegations.
`
`25.
`
`Answering Paragraph 25 of the Petition for Cancellation, Respondent denies the
`
`allegations.
`
`26.
`
`Answering Paragraph 26 of the Petition for Cancellation, Respondent denies the
`
`allegations.
`
`27.
`
`Answering Paragraph 27 of the Petition for Cancellation, Respondent denies the
`
`allegations.
`
`28.
`
`Paragraph 28 contains paragraph and allegation incorporation language from Petitioner,
`
`which does not require an answer from Respondent.
`
`Answer to Petition for Cancellation
`Cancellation No. 92081010
`Page 5 of 9
`
`

`

`
`
`
`
`29.
`
`Answering Paragraph 29 of the Petition for Cancellation, Respondent specifically admits
`
`the allegations regarding: the filing date of the Petitioned Mark, the fact that the Petitioned Mark
`
`registered, the claimed first use in commerce date in the record of the Petitioned Mark, and the
`
`mark of the Petitioned Mark. Registrant specifically denies the allegation regarding the goods
`
`applied for in the Petitioned Mark on February 23, 2018. Respondent notes that the goods listed
`
`in Paragraph 29 were not the goods as applied-for on February 23, 2018, but rather are the
`
`currently registered goods of the Petitioned Mark. Respondent’s answer does not in any way
`
`validate the admissibility of “Exhibit A” as evidence in this proceeding.
`
`30.
`
`Answering Paragraph 30 of the Petition for Cancellation, Respondent denies the
`
`allegations.
`
`31.
`
`Answering Paragraph 31 of the Petition for Cancellation, Respondent denies the
`
`allegations.
`
`32.
`
`Paragraph 32 contains paragraph and allegation incorporation language from Petitioner,
`
`which does not require an answer from Respondent.
`
`33.
`
`Answering Paragraph 33 of the Petition for Cancellation, Respondent does not have
`
`sufficient knowledge and information as to form a belief as to the truth or accuracy of the
`
`allegations contained therein, and accordingly denies the allegations.
`
`34.
`
`Answering Paragraph 34 of the Petition for Cancellation, Respondent denies the
`
`allegations.
`
`35.
`
`Answering Paragraph 35 of the Petition for Cancellation, Respondent denies the
`
`allegations.
`
`36.
`
`Paragraph 36 contains paragraph and allegation incorporation language from Petitioner,
`
`which does not require an answer from Respondent.
`
`Answer to Petition for Cancellation
`Cancellation No. 92081010
`Page 6 of 9
`
`

`

`
`
`
`
`37.
`
`Answering Paragraph 37 of the Petition for Cancellation, Respondent denies the
`
`allegation.
`
`38.
`
`Answering Paragraph 38 of the Petition for Cancellation, Respondent denies the
`
`allegations.
`
`39.
`
`Answering Paragraph 39 of the Petition for Cancellation, Respondent denies the
`
`allegations.
`
`40.
`
`Answering Paragraph 40 of the Petition for Cancellation, Respondent denies the
`
`allegations.
`
`AFFIRMATIVE DEFENSES
`
`
`
`In order not to waive any affirmative defenses, and in order to preserve such defenses,
`
`Respondent, through counsel, pleads the following affirmative defenses:
`
`1.
`
`Respondent affirmatively alleges that Petitioner’s Petition for Cancellation fails to state
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`a claim upon which relief can be granted.
`
`2.
`
`3.
`
`Petitioner’s claims are barred, in whole or in part, by the equitable doctrine of laches.
`
`Petitioner’s claims are barred, in whole or in part, by the equitable doctrine of
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`acquiescence.
`
`4.
`
`5.
`
`6.
`
`Petitioner’s claims are barred, in whole or in part, by the equitable doctrine of estoppel.
`
`Petitioner’s claims are barred, in whole or in part, by the equitable doctrine of waiver.
`
`Respondent reserves the right to assert other affirmative defenses as this action proceeds,
`
`and which may be revealed through discovery.
`
`AMPLIFYING DENIALS
`
`1.
`
`Respondent has not committed any fraud, and Respondent has never had any intent to
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`deceive the Trademark Office.
`
`Answer to Petition for Cancellation
`Cancellation No. 92081010
`Page 7 of 9
`
`

`

`
`
`
`
`2.
`
`Respondent alleges that it has acceptable use in commerce of its Petitioned Mark, and has
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`always maintained an intent to use its Petitioned Mark in commerce.
`
`3.
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`In the alternative, Respondent alleges that it has use analogous to trademark use in
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`commerce of its Petitioned Mark.
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`CONCLUSION
`
`WHEREFORE, based on the foregoing and Respondent having fully answered each and
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`every allegation of Petitioner’s Petition for Cancellation, Respondent prays that Petitioner’s
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`Petition for Cancellation be dismissed with prejudice, and that the Petitioned Mark be allowed to
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`remain registered as it currently stands.
`
`
`Dated: March 22, 2023
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`
`
`Mary Fran Love, Esq.
`Rebeccah Gan, Esq.
`Counsel for Respondent
`
`MUNCY, GEISSLER, OLDS & LOWE, P.C.
`125 S. Royal St.
`Alexandria, VA 22314
`Telephone: 703-621-7140
`Emails: maryfran@mg-ip.com, swr@mg-ip.com,
`rgan@mg-ip.com, cemond@mg-ip.com
`
`Answer to Petition for Cancellation
`Cancellation No. 92081010
`Page 8 of 9
`
`

`

`
`
`
`
`CERTIFICATE OF SERVICE
`
`I, Christopher Emond, hereby certify that on this 22nd day of March 2023, a true and
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`complete copy of the foregoing Answer to Petition for Cancellation, has been served on
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`Petitioner, Tim Langdell of EDGE Games, Inc., via electronic mail (as prescribed by law),
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`addressed as follows:
`
`edgegames@gmail.com
`
`
`
`
`
`
` /Christopher Emond/
` Christopher Emond
`
`Answer to Petition for Cancellation
`Cancellation No. 92081010
`Page 9 of 9
`
`

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