Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA576588
`ESTTA Tracking number:
`12/13/2013
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91213276
`Plaintiff
`Pixel Brain Limited
`STEVEN J HUNN
`PIXEL BRAIN LIMITED
`2875 BETHUNE COURT
`COLORADO SPRINGS, CO 80920
`UNITED STATES
`sjhunn@pixelbraingames.com
`Motion to Amend Pleading/Amended Pleading
`Steven J Hunn
`sjhunn@pixelbraingames.com
`/Steven J Hunn/
`12/13/2013
`TRICKLE Amended Notice of Opposition.pdf(91030 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`
`ESTTA576588
`ESTTA Tracking number:
`12/13/2013
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91213276
`Plaintiff
`Pixel Brain Limited
`STEVEN J HUNN
`PIXEL BRAIN LIMITED
`2875 BETHUNE COURT
`COLORADO SPRINGS, CO 80920
`UNITED STATES
`sjhunn@pixelbraingames.com
`Motion to Amend Pleading/Amended Pleading
`Steven J Hunn
`sjhunn@pixelbraingames.com
`/Steven J Hunn/
`12/13/2013
`TRICKLE Amended Notice of Opposition.pdf(91030 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`In re Application No.: 85/928122
`For the mark: TRICKLE
`
`
`Pixel Brain Limited,
`
`Opposer,
`
`v.
`
`Alyafaie, Nadal,
`
`Alamri, Ahmed,
`
`Applicants.
`
`
`
`
`
`AMENDED NOTICE OF OPPOSITION
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`
`Dear Sirs:
`
`Opposer, Pixel Brain Limited, a Colorado company located and doing business at 2875
`
`Bethune Court, Colorado Springs, Colorado 80;42"*ÐQrrqugtÑ+."dgnkgxgu"vjcv"kv"yknn"dg"
`damaged by registration of the name shown in Application Serial No. 85/928122 (the
`
` ÐCrrnkecvkqpÑ+"hkngf"qp"Oc{"35."4235"d{"Pcfcn"Cn{chckg"cpf"Cjogf"Cncotk"*ÐCrrnkecpvuÑ+
` cpf"jgtgd{"qrrqugu"vjg"ucog0"C"fguetkrvkqp"qh"vjg"CrrnkecpvuÓ"crrnkecvkqp"ku"cu"hqnnqyu<
`
`
`
`MARK:
`SERIAL NO.:
`FILED:
`
`PUBLISHED:
`KPVÓN"ENCUU<"
`
`
`TRICKLE
`85/928122
`May 13, 2013
`Oct. 15, 2013
`9
`
`
`
`The grounds for opposition are as follows:
`
`
`
`1. CrrnkecpvuÓ"pcog"ycu"crrnkgf"hqt"Computer software for use on computers,
`
`mobile phones, electronic tablets and hand-held electronic devices in the nature
`
`of a social networking app for sharing photos, data, videos, GIFs and information
`
`relative to a physical or geographic location.
`
`2. The Application was filed by Applicants on May 13, 2013 based on the alleged
`
`intent to use the name in commerce, which is after the date of first use claimed in
`
`QrrqugtÓu"eqooqp"ncy"fcvgu0
`
`3. Opposer has been engaged in the creation and sale of computer software since
`
`2010.
`
`4. Since at least as early as September 11, 2011, Opposer has been using
`
`TRICKLE as a mark in connection with computer software for use on mobile
`
`phones, electronic tablets and hand-held electronic devices in the nature of a
`
`game app. QrrqugtÓu"octm."d{"xktvwg"qh"uwduvcpvkcn"wug."jcu"ceswktgf"itgcv"xcnwg"
`
`as an identifigt"qh"QrrqugtÓu"iqqfu0"Qrrqugt"jcu"kpxguvgf"ukipkhkecpv"tguqwtegu"
`
`in developing and promoting the TRICKLE mark.
`
`5. Opposer has priority based on its common law use since September 11, 2011, in
`
`the TRICKLE mark for computer software for use on mobile phones, electronic
`
`tablets and hand-held electronic devices.
`
`6. Upon information and dgnkgh."CrrnkecpvuÓ"wug"qh"vjg"pcog"ku"chvgt"QrrqugtÓu"wug"
`
`qh"kvu"octm"kp"eqoogteg"kp"eqppgevkqp"ykvj"vjg"iqqfu"kfgpvkhkgf"kp"CrrnkecpvuÓ"
`
`application.
`
`
`
`7. CrrnkecpvuÓ"pcog."cu"wugf"qp"cpf"kp"eqppgevkqp"ykvj"CrrnkecpvuÓ"iqqfu."ku"uq"
`
`ukoknct"vq"QrrqugtÓu"octm"qp its goods as to be likely to create confusion,
`
`mistake or deception.
`
`8. Vjg"CrrnkecpvuÓ"crrnkecvkqp"ku"kp"dcf"hckvj"cu"vjg"Crrnkecpvu"qtkikpcnn{"eqpvcevgf"
`
`the Opposer on October 9, 2012 to purchase rights to the mark as they had
`
`discovered that the Opposer was already using the mark in commerce. As such,
`
`the Applicants knowingly made false representations of fact in connection with
`
`the trademark application and the Applicants right to use the mark. Specifically,
`
`when signing the application, a preceding Declaration contains the wording ÐÈto
`
`the best of his/her knowledge and belief no other person, firm, corporation, or
`
`association has the right to use the mark in commerceÈÑ which the Applicants
`
`knew to be untrue at the time of signing the application.
`
`9.
`
`If Applicants are granted registration of the mark TRICKLE, Applicant would
`
`obtain exclusive right to use of its marks that would cause damage and injury to
`
`Opposer. As there are only a small number of stores to sell computer software
`
`for use on mobile phones, electronic tablets and hand-held electronic devices (i.e
`
`AppStores), if Applicants are granted registration they could then force OpposerÓs
`
`software to be removed from stores which are the only income stream for such
`
`mobile software.
`
`
`
`WHEREFORE, Opposer respectfully requests that this opposition be granted and that
`Application No. 85/928122 (TRICKLE) be denied registration.
`
`
`
`
`
`Respectfully submitted,
`
`
`
`Steven J. Hunn
`Owner, Pixel Brain Limited
`2875 Bethune Court
`Colorado Springs, Colorado 80920
`sjhunn@pixelbraingames.com
`
`
`Dated: December 13, 2013
`
`
`
`
`
`CERTIFICATE OF SERVICE BY MAIL
`
`This certifies that a copy of the foregoing Amended Notice of Opposition was mailed by
`first class mail, postage prepaid, to the Applicants and the attorney for Applicants, as
`identified below, on 12/13/2013.
`
`
`
`Copies mailed to:
`
`
`
`Richard A. Ryan
`Attorney for Applicants
`440 W. Fallbrook Avenue, Suite 104
`Fresno, CA 93711
`
`
`Nadal Alyafaie
`P.O. Box 25426
`Fresno, CALIFORNIA 93729
`
`
`Ahmed Alamri
`P.O. Box 25426
`Fresno, CALIFORNIA 93729
`
`
` /Steven Hunn/
`
` Steven J. Hunn
` Owner, Pixel Brain Limited
` 2875 Bethune Court
` Colorado Springs, Colorado 80920
` sjhunn@pixelbraingames.com
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