ESTTA Tracking number:
`
`ESTTA1359035
`
`Filing date:
`
`05/15/2024
`
`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
`
`Unicorns Inc.
`
`Corporation
`
`119 VUE CT 6334
`INCLINE VILLAGE, NV 89451
`UNITED STATES
`
`Incorporated or
`registered in
`
`NV
`
`Attorney informa-
`tion
`
`MICHAEL P EDDY
`LAW OFFICE OF MICHAEL P. EDDY
`12526 HIGH BLUFF DRIVE, STE. 300
`SAN DIEGO, CA 92130
`UNITED STATES
`Primary email: meddy@patent.org
`Secondary email(s): ipdocket@patent.org, meddy@patent.org
`8583451098
`
`Docket no.
`
`4452-02
`
`Registration subject to cancellation
`
`Registration no.
`
`6004928
`
`Registration date
`
`03/10/2020
`
`Register
`
`Registrant
`
`Principal
`
`AMAZEGROUP INC.
`1100 BELLEVUE WAY, STE 8A-118
`BELLEVUE, WA 98004
`UNITED STATES
`
`Goods/services subject to cancellation
`
`Class 036. First Use: Sep 30, 2015 First Use In Commerce: Sep 30, 2015
`All goods and services in the class are subject to cancellation, namely: Cryptocurrency trading and
`exchange services, namely, providing a digital currency or digital token for use by members of an on-
`line community via a global computer network; Cryptocurrency trading and exchange services,
`namely, a digital currency or digital token, incorporating cryptographic protocols, used to operate and
`build applications and blockchains on a decentralized computer platform and as a method of payment
`for goods and service
`
`Grounds for cancellation
`
`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
`
`Fraud on the USPTO
`
`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 subject to cancellation
`
`Registration no.
`
`6004929
`
`Registration date
`
`03/10/2020
`
`Register
`
`Registrant
`
`Principal
`
`AMAZEGROUP INC.
`1100 BELLEVUE WAY, STE 8A-118
`BELLEVUE, WA 98004
`UNITED STATES
`
`Goods/services subject to cancellation
`
`Class 036. First Use: Dec 31, 2017 First Use In Commerce: Dec 31, 2017
`All goods and services in the class are subject to cancellation, namely: Cryptocurrency trading and
`exchange services, namely, providing a digital currency or digital token for use by members of an on-
`line community via a global computer network; Cryptocurrency trading and exchange services,
`namely, a digital currency or digital token, incorporating cryptographic protocols, used to operate and
`build applications and blockchains on a decentralized computer platform and as a method of payment
`for goods and service
`
`Grounds for cancellation
`
`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
`
`Fraud on the USPTO
`
`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 subject to cancellation
`
`Registration no.
`
`6004930
`
`Registration date
`
`03/10/2020
`
`Register
`
`Registrant
`
`Principal
`
`AMAZEGROUP INC.
`1100 BELLEVUE WAY, STE 8A-118
`BELLEVUE, WA 98004
`UNITED STATES
`
`Goods/services subject to cancellation
`
`Class 036. First Use: Nov 5, 2017 First Use In Commerce: Nov 5, 2017
`All goods and services in the class are subject to cancellation, namely: Cryptocurrency trading and
`exchange services, namely, providing a digital currency or digital token for use by members of an on-
`line community via a global computer network; Cryptocurrency trading and exchange services,
`namely, a digital currency or digital token, incorporating cryptographic protocols, used to operate and
`build applications and blockchains on a decentralized computer platform and as a method of payment
`for goods and service
`
`Grounds for cancellation
`
`No use of mark in commerce before application,
`
`Trademark Act Sections 14(1) and 1(a), (c), and
`
`

`

`amendment to allege use, or statement of use
`was due
`
`(d)
`
`Abandonment
`
`Fraud on the USPTO
`
`Related proceed-
`ings
`
`None
`
`Trademark Act Section 14(3)
`
`Trademark Act Section 14(3); In re Bose Corp.,
`580 F.3d 1240, 91 USPQ2d 1938 (Fed. Cir.
`2009)
`
`Attachments
`
`PetitionForCancellation15May2024.pdf(41353 bytes )
`
`Signature
`
`/MichaelPEddyPTO42505/
`
`Name
`
`Date
`
`Michael P. Eddy
`
`05/15/2024
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`For the trademarks “UNIKOINGOLD”, “UNIKOINSILVER”, and “UNIKOIN” (Registration Nos.
`6004928, 6004929, and 6004930);
`
`
`Unicorns Inc.
`
`Petitioner,
`
`v.
`
`AMAZEGROUP INC.
`
`
`
`
`
`
`
`Registrant.
`
`x
`:
`:
`:
`:
`:
`:
`:
` :
`:
`:
`x
`
`Cancellation No.
`
`
`
`
`
`
`
`
`PETITION FOR CANCELLATION
`
`Pursuant to Section 14 of the Lanham Act, 15 U.S.C. § 1064, Petitioner Unicorns Inc. a
`
`Nevada corporation with an address of 119 Vue Ct 6334, Incline Village, Nevada 89451
`
`(“Petitioner”), believes that it is being and will be damaged by the continued registration of
`
`Registrant AMAZEGROUP INC. (“Registrant”)’s U.S. Trademark Registration Nos. 6,004,928,
`
`6,004,929, and 6,004,930 for the marks “UNIKOINGOLD”, “UNIKOINSILVER”, and
`
`“UNIKOIN”, respectively (“Registered Marks”) each for “Cryptocurrency trading and exchange
`
`services, namely, providing a digital currency or digital token for use by members of an online
`
`community via a global computer network; Cryptocurrency trading and exchange services,
`
`namely, a digital currency or digital token, incorporating cryptographic protocols, used to
`
`operate and build applications and blockchains on a decentralized computer platform and as a
`
`method of payment for goods and service” in International Class 36 and hereby petitions to
`
`cancel the same on the following grounds. Allegations with respect to Petitioner are based on
`
`
`
`1
`
`

`

`actual knowledge and all other allegations are based on information and belief.
`
`
`
`1.
`
`BACKGROUND ON PETITIONER
`
`On Jan. 21, 2022, Petitioner an intent-to-use trademark application for the word
`
`mark UNICOIN. The application, App. No. 97/224,223, identifies:
`
`“Downloadable data for use with blockchain technology on a dedicated
`platform to purchase advertising inventory across multiple media outlets,
`and for use with accessing private investment opportunities and related
`information and services on the dedicated platform, and in which the
`downloadable data is tradable using blockchain technology on unaffiliated
`cryptocurrency exchanges”
`
`as goods under International Class 009 (now deleted,) and:
`
`
`
`“Providing financial information in the field of cryptocurrency” as goods under
`
`International Class 016, and:
`
`“Authentication of data using blockchain technology in the fields of
`advertising inventory sales in multiple media, access to private investment
`opportunities through a dedicated platform, and utilitarian services related to
`private investment research and advertising; Providing on-line non-
`downloadable software for generating cryptographic keys for receiving and
`spending cryptocurrency”
`
`as goods under International Class 042 ( “Petitioner’s Application”).
`
`2.
`
`Marks.
`
`3.
`
`4.
`
`Petitioner’s Application has been refused registration because of the Registered
`
`REGISTRANT
`
`Applicant is a Delaware based corporation.
`
`Registrant, the assignee of record, AMAZEGROUP INC. is a Delaware
`
`
`
`
`
`
`
`Corporation with an address of record at 1100 BELLEVUE WAY, STE 8A-118, Bellevue, WA
`
`98004.
`
`5.
`
`On Feb. 23, 2018, the predecessor of interest to Registrant, Unikrn, Inc., a
`
`
`
`2
`
`

`

`Delaware Corporation, filed three 1A in-use trademark applications, Application Serial Number
`
`87/809,474, for the mark UNIKOINGOLD, Application Serial Number 87/809,466 for the mark
`
`UNIKOINSILVER, and Application Serial Number 87/809,459 for the mark UNIKOIN, all in
`
`Class 036 for “Cryptocurrency trading and exchange services, namely, providing a digital
`
`currency or digital token for use by members of an online community via a global computer
`
`network; Cryptocurrency trading and exchange services, namely, a digital currency or digital
`
`token, incorporating cryptographic protocols, used to operate and build applications and
`
`blockchains on a decentralized computer platform and as a method of payment for goods and
`
`service” (“Registrant’s Services”). The Registrant alleged a first use date of September 30, 2015
`
`and a first use in commerce date of September 30, 2015. On Mar. 10, 2020, Application Serial
`
`No. 87/809,474 matured into Registration No. 6,004,930, Application Serial No. 87/809,466
`
`matured into Registration No. 6,004,929, and Application Serial No. 87/809,459 matured into
`
`Registration No. 6,004,928, each on the basis of use.
`
`
`
`6.
`
`FIRST GROUND FOR CANCELLATION OF THE MARK
`
`ABANDONMENT OF TRADEMARK, 15 U.S.C. § 1127
`
`Petitioner repeats and alleges each and every allegation set forth in the preceding
`
`paragraphs as if fully set forth herein.
`
`7.
`
`On information and belief, Registrant does not commercially use any of the
`
`Registered Marks in the United States in connection with Registrant’s Services and has not
`
`commercially used the Registered Mark in connection with any of these goods for at least three
`
`consecutive years.
`
`8.
`
`On information and belief, Registrant has abandoned the Registered Mark shown in
`
`U.S. Trademark Registration Nos. 6,004,928, 6,004,929, and 6,004,930 based on non-use of the
`
`
`
`3
`
`

`

`mark in commerce in the United States with no intent to resume use in the United States in
`
`connection with Registrant’s Services.
`
`SECOND GROUND FOR CANCELLATION
`
`NO BONAFIDE USE OF THE MARK IN COMMERCE, 15 U.S.C. § 1051(A)
`
`
`
`9.
`
`Petitioner repeats and alleges each and every allegation set forth in the preceding
`
`paragraphs as if fully set forth herein.
`
`10.
`
`On information and belief, Registrant is not using, and has never used, the
`
`Registered Mark on all of the services identified in Registrant’s Application Serial Nos.
`
`87/809,474, 87/809,466, and 87/809,459
`
`(“Registrant’s Applications”) and subsequent
`
`registrations.
`
`11.
`
`On information and belief, Registrant’s predecessor in interest Unikrn, Inc.’s claims
`
`that the Registered Mark was used in association with all of the services identified in the
`
`Registrant’s Applications were false.
`
`12.
`
`On information and belief, Registrant’s predecessor in interest Unikrn, Inc. procured
`
`its registration by falsely alleging that it was using the Registered Mark for all of the services
`
`goods identified in Registrant’s Applications and that for all of Registrant’s Applications, the date
`
`of first use was September 30, 2015 and the date of first use in was September 30, 2015.
`
`13.
`
`Accordingly, Registrant’s Registrations (U.S. Trademark Registration Nos.
`
`6,004,928, 6,004,929, and 6,004,930 for the marks “UNIKOINGOLD”, “UNIKOINSILVER”, and
`
`“UNIKOIN”) should be deemed void ab initio for no bona fide use of the Registered Mark in
`
`commerce prior to the filing of Registrant’s Applications pursuant to 15 U.S.C. § 1051(A).
`
`
`
`
`
`
`
`4
`
`

`

`THIRD GROUND FOR CANCELLATION
`
`FRAUD FOR FAILURE TO USE MARK IN COMMERCE
`
`14.
`
`Petitioner repeats and alleges each and every allegation set forth in the preceding
`
`paragraphs as if fully set forth herein.
`
`15.
`
`In each of the Registrant’s Applications, Registrant’s predecessor in interest
`
`Unikrn, Inc. knowingly made false, material misrepresentations of fact with regard to its use of
`
`the Registered Mark in commerce. Specifically, Registrant declared that the Registered Mark
`
`was being “used in commerce on or in connection with” all of the services listed in the
`
`Registrant’s Applications, as required for registration under Section 1(a) of the Lanham Act, 15
`
`U.S.C. § 1051(a).
`
`16.
`
`The above statements were false because, upon information and belief, at the time
`
`Registrant’s predecessor in interest Unikrn, Inc. filed Registrant’s Applications, Registrant’s
`
`predecessor in interest Unikrn, Inc. was not using the Registered Mark in commerce in
`
`connection with each or any of the services set forth in Registrant’s Applications.
`
`17.
`
`On information and belief, Registrant’s predecessor in interest Unikrn, Inc. knew
`
`it was not using the Registered Mark in commerce in connection with each or any of the services
`
`identified in the Registrant’s Applications when it filed the Regsitrant’s Applications.
`
`18.
`
`On information and belief, by falsely asserting that it was using the Registered
`
`Marks in interstate commerce in connection with all of the services identified in the Registrant’s
`
`Applications as of the filing date, Registrant predecessor in interest Unikrn, Inc. intended to
`
`deceive the USPTO.
`
`
`
`5
`
`

`

`19.
`
`On information and belief, Registrant’s false statements were made for the
`
`purpose of obtaining the registrations to which Registrant’s predecessor in interest Unikrn, Inc.
`
`was not entitled and thus to which Registrant by assignment is also not entitled.
`
`20.
`
`The USPTO would not have approved the ‘523 Application for registration but
`
`for the knowingly false statement that Registrant was using the Registered Mark in interstate
`
`commerce in connection with all of the goods specified in the ‘523 Application as of the filing
`
`date. Thus, the misstatement was a material misstatement of fact.
`
`21.
`
`As a result of Registrant’s predecessor in interest Unikrn, Inc.’s willful and
`
`material false statements in connection with the Registrant’s Applications, Registrant has
`
`committed fraud against the USPTO, which invalidates each of Registrant’s Marks.
`
`
`
`WHEREFORE, by reason of the foregoing, Petitioner would be damaged by the continued
`
`registration of the Registered Marks, and Petitioner respectfully requests that its Petition be
`
`sustained, and that Registration Nos. 6,004,928, 6,004,929, and 6,004,930 be cancelled in their
`
`entireties. The required fees are submitted herewith.
`
`
`
`
`
`
`
`
`
`
`Dated: May 15, 2024
`
`Respectfully submitted,
`
`By: /MichaelPEddy/
`Michael P. Eddy, Esq.
`Attorney for Petitioner
`California State Bar Member
`
`Law Office of Michael P. Eddy 12526
`High Bluff Dr., Ste. 300
`San Diego, CA 92130
`Tel. 858-345-1098
`Email: meddy@patent.org
`
`
`
`
`
`6
`
`

`

`CERTIFICATE OF SERVICE
`
` I
`
` hereby certify that a true and complete copy of the foregoing Petitioner’s Petition For
`Cancellation has been served with Registrant’s Attorney of record by forwarding said copy on May
`15, 2023 via email to:
`
`greg@krakaulaw.com valerie@krakaulaw.com
`Gregory M. Krakau
`Krakau Law
`100 Pine Street, Suite 1250
`San Francisco, CALIFORNIA UNITED STATES 94111
`
`
`Dated: May 15, 2024
`
`
`
`
`
`By: /MichaelPEddy/
`Michael P. Eddy
`
`
`
`
`
`
`
`
`7
`
`