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Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA1156050
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`Filing date:
`
`08/27/2021
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
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`91267844
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`Party
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`Correspondence
`Address
`
`Defendant
`TitlePal, Inc.
`
`DAVID H. PIERCE
`BEKIARES ELIEZER LLP
`2870 PEACHTREE ROAD NW #512
`ATLANTA, GA 30305
`UNITED STATES
`Primary Email: trademarks@founderslegal.com
`Secondary Email(s): yuri@founderslegal.com, andrei@founderslegal.com,
`dpierce@founderslegal.com, sdunford@founderslegal.com
`404-537-3686 x811
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Answer
`
`Zachary Eyster
`
`trademarks@founderslegal.com, zeyster@founderslegal.com
`
`/Zachary Eyster/
`
`08/27/2021
`
`Attachments
`
`TitlePal Answer to First Amended Notice of Opposition.pdf(506054 bytes )
`
`

`

`
`In the matter of
`Trademark Application Serial No.: 88/939,727
`Filed: May 29, 2020
`Published: October 27, 2020
`Mark: TITLEPAL
`
`
`PayPal, Inc.
`
`
`
`Opposer,
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`
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`Opposition No. 91267844
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`
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` )
`)
`)
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` )
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`vs.
`
`TitlePal, Inc.
`
`
`
`
`Applicant.
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`ANSWER TO FIRST AMENDED NOTICE OF OPPOSITION
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`
`
`
`Applicant TitlePal, Inc. (“TitlePal”), by and through its undersigned counsel, responds to
`
`Opposer PayPal, Inc.’s First Amended Notice of Opposition as set forth below. Except as
`
`otherwise expressly admitted, TitlePal denies each and every allegation contained in the Notice of
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`Opposition.
`
`1. TitlePal lacks knowledge or information sufficient to form a belief about the truth of the
`
`allegations of Paragraph 1 and therefore denies these allegations.
`
`2. TitlePal admits that the online TSDR records of the U.S. Patent and Trademark Office
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`(“USPTO”), which are printed and attached to the First Amended Notice of Opposition,
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`are consistent with the allegations set forth in Paragraph 2.
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`3. TitlePal admits that the online TSDR records of the USPTO, which are printed and attached
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`to the First Amended Notice of Opposition, are consistent with the allegations set forth in
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`
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`1
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`

`

`Paragraph 3. TitlePal lacks knowledge or information sufficient to form a belief about the
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`truth of the remaining allegations of Paragraph 3 and therefore denies these allegations.
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`4. TitlePal lacks knowledge or information sufficient to form a belief about the truth of the
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`allegations of Paragraph 4 and therefore denies these allegations.
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`5. TitlePal lacks knowledge or information sufficient to form a belief about the truth of the
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`allegations of Paragraph 5 and therefore denies these allegations.
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`6. TitlePal lacks knowledge or information sufficient to form a belief about the truth of the
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`allegations of Paragraph 6 and therefore denies these allegations.
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`7. TitlePal lacks knowledge or information sufficient to form a belief about the truth of the
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`allegations of Paragraph 7 and therefore denies these allegations.
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`8. TitlePal lacks knowledge or information sufficient to form a belief about the truth of the
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`allegations of Paragraph 8 and therefore denies these allegations.
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`9. TitlePal admits the allegations of Paragraph 9.
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`10. TitlePal admits that Opposer commenced use of the mark PAYPAL prior to TitlePal’s
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`application date. TitlePal denies that the foregoing admission resolves the issue of priority
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`with respect to the Marks at issue and their respective services, and further denies the
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`remaining allegations of Paragraph 10.
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`11. TitlePal denies the allegations of Paragraph 11.
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`12. TitlePal lacks knowledge or information sufficient to form a belief about the truth of the
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`allegations of Paragraph 12 and therefore denies these allegations.
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`13. TitlePal admits the allegations set forth in Paragraph 13 only to the extent that the online
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`TSDR records of the USPTO, which are printed and attached to the Notice of Opposition,
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`show that the goods and services covered by the TitlePal application and the goods and
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`
`
`2
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`

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`services covered by PayPal’s cited applications and registrations are accurately described
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`by the allegations of Paragraph 13. TitlePal denies the remaining allegations of Paragraph
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`13.
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`14. TitlePal admits the allegations set forth in Paragraph 14 only to the extent that the online
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`TSDR records of the USPTO, which are printed and attached to the Notice of Opposition,
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`show that the goods and services covered by the TitlePal application and the goods and
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`services covered by PayPal’s cited applications and registrations are accurately described
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`by the allegations of Paragraph 14. TitlePal denies the remaining allegations of Paragraph
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`13.
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`15. TitlePal denies the allegations of Paragraph 15.
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`16. TitlePal admits the allegations of Paragraph 16.
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`17. TitlePal admits the allegations of Paragraph 17.
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`18. TitlePal admits that the TITLEPAL mark contains the prefix “TITLE.” TitlePal denies the
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`remaining allegations of Paragraph 18.
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`19. TitlePal denies the allegations of Paragraph 19.
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`20. TitlePal denies the allegations of Paragraph 20.
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`21. TitlePal denies the allegations of Paragraph 21.
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`22. TitlePal denies the allegations of Paragraph 22.
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`23. TitlePal denies the allegations of Paragraph 23.
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`
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`Date: August 27, 2021
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`Respectfully submitted,
`BEKIARES ELIEZER, LLP
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`By: _____________________
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`3
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`Zachary Eyster
`David H. Pierce
`2870 Piedmont Road #512
`Atlanta GA 30305
`Phone: (404) 537-3686
`
`Attorneys for Applicant
`TitlePal, Inc.
`
`4
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`

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`CERTIFICATE OF SERVICE
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`I certify that on August 27, 2021, I served the foregoing Answer by electronic mail to:
`
`
`
`
`
`Karen A. Webb
`Fenwick & West LLP
`801 California Street, Silicon Valley Center
`Mountain View, CA 94041
`trademarks@fenwick.com
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`_________________________________
`Zachary Eyster
`
`
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`5
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`

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