ESTTA Tracking number: ESTTA777528 Filing date: 10/18/2016

Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov

ESTTA Tracking number: ESTTA777528

Filing date: 10/18/2016

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

Proceeding 92058609

Party PlaintiffUndefeated, Inc.

CorrespondenceAddress

JAYSON M LORENZO2794 GATEWAY ROADCARLSBAD, CA 92009UNITED [email protected]

Submission Other Motions/Papers

Filer's Name Jayson M. Lorenzo

Filer's e-mail [email protected], [email protected]

Signature /jlorenzo/

Date 10/18/2016

Attachments Redline TAC 10.18.2016 final.pdf(2439728 bytes )

http://estta.uspto.gov



In the matter of trademark Registration No. 3524963

Date Registered October 28, 2008

Undefeated, Inc. a California

corporation Redline Copy of Petitioner’s Third

Amended Petition for Cancellation

Petitioner

v. Cancellation No. 92058609

In re: Registration No. 3524963

Taly Williams, an Individual,

Registrant

On October 13, 2016, the Interlocutory Attorney requested Petitioner Undefeated, Inc.

(“Petitioner”) to file a redlined version of their proposed Third Amended Petition for

Cancellation.

Petitioner hereby attaches a redlined copy of their proposed Third Amended Petition for

Cancellation, as Exhibit A.

Respectfully Submitted,

By: _____/jlorenzo/____________

Date: October 18, 2016 Jayson M. Lorenzo, Esq.

2794 Gateway Road

Carlsbad, CA 92009

Tel: (760) 517-6646

Email: [email protected]

Attorney for Petitioner

EXHIBIT A



In the matter of trademark Registration No. 3524963

Date Registered October 28, 2008

Undefeated, Inc. a California

corporation Third Amended

Petition for Cancellation

Petitioner

v. Cancellation No. 92058609

In re: Registration No. 3524963

Taly Williams, an Individual,

Registrant

SECOND AMENDED PETITION TO CANCEL

Undefeated, Inc., a California Corporation

112 1/2 S. La Brea Avenue

Los Angeles, CA 90036

To the best of petitioner's knowledge, the name and address of the current owner of the

registration are Taly Williams, 3 Brohm Drive, Haliburton Canada K0M1S0.

The above identified petitioner believes that it will be damaged by the above-identified

registration, and hereby petitions to cancel the same.

The grounds for cancellation are as follows:

1. Petitioner is actively engaged in the field of urban/street/sport apparel and

footwear, goods and services related and flowing from its apparel and footwear, such as sports

and accessories, as well as retail stores associated therewith. Petitioner designs, manufactures,

produces and sells its apparel and footwear through its branded retail stores and other retail

outlets domestically and internationally. Petitioner has an interest in maintaining the integrity of

Jayson Lorenzo! 10/17/2016 7:23 AM

Deleted: Second

its apparel, footwear and retail stores, including without limitation, the trademarks used in

connection with its goods and services.

2. Petitioner has a real interest in the current action and will likely be damaged by

the above-identified mark. Specifically, Petitioner is the owner of U.S. Serial Nos. 85739619 for

class 28 and seeks to register its “five-strike logo”. Respondent’s mark has been cited against

Petitioner’s pending trademark application based on Lanham Act Section 2(d) and is preventing

Petitioners registration. Exhibit A. Petitioner already holds federal registrations with its "five-

strike logo" that predate Respondent's use and Petitioner will be damaged if it cannot expand its

protection to class 28. Exhibit B. Petitioner has nearly 40 United States trademark registrations

with 12 "five-strike logo" across classes 6, 9, 14, 16, 18, 21, 24, 25, 34, 35, 41, and 45.

Petitioner has been using its "five-strike logo" in commerce as early as 2002. Petitioner also has

as numerous international trademark registrations in countries including but not limited to

Australia, Canada, Chile, European Union, Hong Kong, Israel, Japan, South Korea, Malaysia,

Mexico, New Zealand, Norway, Philippines, Russia, Singapore, Switzerland, Turkey, and

Taiwan all for its "five-strike logo". Exhibit C.

Count I: Non-use

3. On information and belief, Registrant has ceased use of the Trademark in

connection with the all or some of the goods indentified in U.S. Trademark Registration No.

3524963 and intends not to resume such use.

4. On information and belief, Registrant has allowed third parties to use similar

Trademarks in connection with goods identified in Class 28 or with goods indentified in U.S.

Trademark Registration No. 3524963 without authorization and/or license and/or without


Deleted: The registrations information is

attached hereto as Exhibit A and Exhibit B

exercising control of the goods associated with the registered trademarks for a period of greater

than three (3) years.

5. As a result of the non-use of its Trademark in connection with all or some of the

goods identified in U.S. Trademark Registration No. 3524963 with an intention not to resume

use, Registrant has abandoned his Trademark with respect to those goods within the meaning of

15 U.S.C. 1127.

6. As a result of its allowing third parties to use his Trademark in connection with

goods indentified in Trademark Registration No. 3524963 and in Class 28 without authorization

and/or license and/or without exercising control of the goods associated with the registered

trademarks, Registrant has abandoned his Trademark with respect to those goods within the

meaning of 15 U.S.C. 1127.

Count II: Fraud

7. Registrant filed his design trademark application that became Trademark

Registration No. 3524963.

8. Prior to registration, Registrant filed statements of use stating that his trademark

was in use in commerce on or in connection with: “Games, namely, target games and action skill

games; playthings, namely, stuffed toys, plush toys, play balloons, and play wands; sporting

goods, namely, targets, sport balls, nets for sports, bags specially adapted for sports equipment,

golf tees, golf club shafts, golf balls, golf ball markers, golf bags, golf bag pegs, golf bag covers,

covers for golf clubs, divot repair tools for golfers; golf training equipment, namely, golf

chipping umbrellas; and golf putting aids, namely, golf alignment devices for providing

immediate feedback on putting stroke" in Class 28.

9. On information and belief, at the time Registrant filed its statements of use, the

mark was not used in commerce as required in 15 U.S.C. § 1051 for the goods listed.

10. Registrant's registration was procured by knowingly false or fraudulent statements

and that said false statements were made with the intent to induce agents of the PTO to grant said

registration for all goods listed. In reliance of such false statements, the PTO did in fact, grant

said registration to Respondent.

11. On February 17, 2014, Registrant filed a Section 8 declaration of use.

12. On information and belief, since registration of his mark, his mark has never been

used in interstate commerce on all or some of the goods listed.

13. Registrant's registration was procured by knowingly false or fraudulent statements

and that said false statements were made with the intent to induce agents of the PTO to grant said

registration for all goods listed. In reliance of such false statements, the PTO did in fact, accept

said maintenance document for the registration.

14. In view of these allegations, Registrant is not entitled to continue registration of

said mark since it has committed fraud in the procurement of the subject registration.

Count III: Lack of Ownership / Contractual Estoppel

15. Petitioner and Registrant entered into a settlement agreement executed on May 3,

2007.

16. In the settlement agreement, Registrant agreed to only use the Mark in association

with “sporting goods.”

17. Petitioner, by the terms of the settlement agreement, owns the Mark in association

with all goods outside of “sporting goods.”


Deleted: 10


Formatted: Indent: First line: 0.5"


Deleted: 11


Deleted: grant said registration to

Respondent


Deleted: 12


Deleted: 13


Deleted: 14

18. Registrant filed his design trademark application that became Trademark

Registration No. 3524963, on April 27, 2007.

19. Registrant did not amend his application to remove goods that are outside of the

categorization of “sporting goods”.

20. After the execution of the settlement agreement on May 3, 2007, Registrant no

longer owned any rights to the Mark, apart from the “sporting goods” category.

21. As such, Registrant is not entitled to federal trademark protection for goods that

are not classified as “sporting goods.”

Count IV: Partial Cancellation of Registration under Section 18

22. Petitioner’s mark was refused registration based on Section 2(d), likelihood of

confusion with Registrant’s mark.

23. The goods identified in Petitioner’s application and Registrant’s registration are

highly related, and are of the type offered in the same or similar channels or trade and to the

same prospective customers.

24. Applicant and Registrant’s marks are confusingly similar because of the use of the

five-strike design, as well as the highly similar nature of the goods associated therewith.

Applicant had been using its mark in commerce on certain goods prior to Registrant's application

and registration.

25. Registrant’s claimed goods include:

Games, namely, target games and action skill games; playthings, namely, stuffed

toys, plush toys, play balloons, and play wands; sporting goods, namely, targets,

sport balls, nets for sports, bags specially adapted for sports equipment, golf tees,

golf club shafts, golf balls, golf ball markers, golf bags, golf bag pegs, golf bag

covers, covers for golf clubs, divot repair tools for golfers; golf training

equipment, namely, golf chipping umbrellas; and golf putting aids, namely, golf

alignment devices for providing immediate feedback.


Deleted: 15. Petitioner has used its mark in

connection with a variety of different and

services across classes 6, 9, 14, 16, 18, 21, 24,

25, 34, 35, 41, and 45. Petitioner has also used

its mark on toys prior to Registrant's

application. By the terms of the settlement

agreement, Registrant agreed to only use his

mark on "sporting goods".


Deleted: 6

26. Registrant’s identification should be limited, in the alternative, under Section 18

of the Lanham Act, so that it reads:

Sporting goods, namely, golf tees, golf club shafts, golf balls, golf ball markers,

golf bags, golf bag pegs, golf bag covers, covers for golf clubs, divot repair tools

for golfers; golf training equipment, namely, golf chipping umbrellas; and golf

putting aids, namely, golf alignment devices for providing immediate feedback on

putting stroke.

27. The proposed restriction will avoid likelihood of confusion between the Applicant

and Registrant. Applicant is the senior user of the mark in goods that are sought to be partially

cancelled and restricted, while Registrant is not using its mark on the goods or services, or in the

trade channels, sought to be excluded by the proposed restriction.

28. Alternatively, Applicant seeks Partial Cancellation on the basis that Registrant has

not used the mark in the goods sought to be restricted and that Registrant has no intent to resume

use in the goods sought to be restricted.

29. On information and belief, Registrant has ceased use of the Trademark in

connection with the all or some of the goods identified in U.S. Trademark Registration No.

3524963 and intends not to resume such use thus Applicant is entitled to Partial Cancellation.

30. On information and belief, Registrant has allowed third parties to use similar

Trademarks in connection with goods identified in Class 28 or with goods identified in U.S.

Trademark Registration No. 3524963 without authorization and/or license and/or without

exercising control of the goods associated with the registered trademarks for a period of greater

than three (3) years thus Applicant is entitled to Partial Cancellation.

PRAYER FOR RELIEF

Petitioner prays that U.S. Registration No. 3524963 be cancelled, or in the alternative,

partially cancelled, and that this Petition be sustained in favor of Petitioner.


Deleted: /// ... [1]

Respectfully Submitted,

By: _____/jlorenzo/____________

Date: September 21, 2016 Jayson M. Lorenzo, Esq.

2794 Gateway Road

Carlsbad, CA 92009

Tel: (760) 517-6646

Email: [email protected]

Attorney for Petitioner


Deleted: 04.15.2015


Formatted: Centered

EXHIBIT A


Formatted: Font:72 pt


Formatted: Font:12 pt, Bold

To: Undefeated, Inc. ([email protected])

Subject: U.S. TRADEMARK APPLICATION NO. 85739619 - Five-Strike,

Sent: 7/31/2013 6:43:35 PM

Sent As: [email protected]

Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

U.S. APPLICATION SERIAL NO. 85739619

MARK:

*85739619* CORRESPONDENT ADDRESS:

JOHN R. SOMMER

JOHN R. SOMMER, ATTORNEY-AT-LAW

17426 DAIMLER ST

IRVINE, CA 92614-5514

CLICK HERE TO RESPOND TO THIS LETTER:http://www.uspto.gov/trademarks/teas/response_forms.jsp

APPLICANT: Undefeated, Inc.

CORRESPONDENT’S REF : Five-Strike, 28

CORRESPONDENT E-MAIL ADDRESS:

[email protected]

OFFICE ACTION

STRICT DEADLINE TO RESPOND TO THIS LETTERTO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S

COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.

ISSUE/MAILING DATE: 7/31/2013

THIS IS A FINAL ACTION.

This Office action is in response to applicant’s communication filed on July 18, 2013.

The claim of ownership is accepted and has been entered into the application record.

Registration Refused – Likelihood Of Confusion

Registration of the applied-for mark was refused because of a likelihood of confusion with the mark in U.S. Registration No. 3524963.

Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.

Trademark Act Section 2(d) bars registration of an applied-for mark that so resembles a registered mark that it is likely that a potential consumer

would be confused, mistaken, or deceived as to the source of the goods and/or services of the applicant and registrant. See 15 U.S.C. §1052(d).

In the seminal decision In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 177 USPQ 563 (C.C.P.A. 1973), the court listed the principal

factors to be considered when determining whether there is a likelihood of confusion under Section 2(d). See TMEP §1207.01. However, not all

the factors are necessarily relevant or of equal weight, and any one of the factors may control in a given case, depending upon the evidence of

record. Citigroup Inc. v. Capital City Bank Grp., Inc., 637 F.3d 1344, 1355, 98 USPQ2d 1253, 1260 (Fed. Cir. 2011); In re Majestic Distilling

Co., 315 F.3d 1311, 1315, 65 USPQ2d 1201, 1204 (Fed. Cir. 2003); see In re E. I. du Pont de Nemours & Co., 476 F.2d at 1361-62, 177 USPQ at

567.

Applicant’s proposed mark is the design of one diagonal slash mark crossing over four vertical slash marks for action figures; balls for games;

balls for sports; basket balls; collectable toy figures; fantasy character toys; footballs; molded toy figures; nets for ball games; positionable toy

figures; skateboard decks; toy figures.

The registered mark is four vertical bars overlain by a fifth slash extending from the top right to the bottom left for games, namely, target games

and action skill games; playthings, namely, stuffed toys, plush toys, play balloons, and play wands; sporting goods, namely, targets, sport balls,

nets for sports, bags specially adapted for sports equipment, golf tees, golf club shafts, golf balls, golf ball markers, golf bags, golf bag pegs, golf

bag covers, covers for golf clubs, divot repair tools for golfers; golf training equipment, namely, golf chipping umbrellas; and golf putting aids,

namely, golf alignment devices for providing immediate feedback on putting stroke.

A likelihood of confusion was found on the basis of the nearly identical nature of the marks and the overlap/close relation among the goods.

Notably, applicant does not argue that the marks or goods are different. Rather, it states that it uses the mark on a variety of goods other than

those identified in this application, a fact that is not in dispute here and that is not relevant to the likelihood of confusion analysis.

Applicant goes on to state that is the owner by assignment of the now dead U.S. Registration No. 3447260. Simply referencing a registration

does not make it a part of the record. In re Promo Ink, 78 USPQ2d 1301, 1304 (TTAB 2006); TBMP §1208.02; TMEP §710.03. To make

registrations part of the record, an applicant must submit copies of the registrations, or the complete electronic equivalent from the USPTO’s

automated systems, prior to appeal. In re Jump Designs LLC, 80 USPQ2d 1370, 1372-73 (TTAB 2006); In re Ruffin Gaming, 66 USPQ2d, 1924,

1925 n.3 (TTAB 2002); TBMP §1208.02; TMEP §710.03.

In any event, applicant indicates that the registration is in Class 25 and therefore has no bearing on the likelihood of analysis in this case.

Given the nearly identical nature of the mark and the overlap/close relationship among the goods, there is a likelihood of confusion, and the

refusal to register pursuant to Section 2(d) is continued and now made final.

TEAS Plus Application Requirements

TEAS PLUS APPLICANTS MUST SUBMIT DOCUMENTS ELECTRONICALLY OR SUBMIT FEE: Applicants who filed their application

online using the reduced-fee TEAS Plus application must continue to submit certain documents online using TEAS, including responses to

Office actions. See 37 C.F.R. §2.23(a)(1). For a complete list of these documents, see TMEP §819.02(b). In addition, such applicants must

accept correspondence from the Office via e-mail throughout the examination process and must maintain a valid e-mail address. 37 C.F.R.

§2.23(a)(2); TMEP §§819, 819.02(a). TEAS Plus applicants who do not meet these requirements must submit an additional fee of $50 per

international class of goods and/or services. 37 C.F.R. §2.6(a)(1)(iv); TMEP §819.04. In appropriate situations and where all issues can be

resolved by amendment, responding by telephone to authorize an examiner’s amendment will not incur this additional fee.

Response Guidelines

Applicant must respond within six months of the date of issuance of this final Office action or the application will be abandoned. 15 U.S.C.

§1062(b); 37 C.F.R. §2.65(a). Applicant may respond by providing one or both of the following:

(1) A response that fully satisfies all outstanding requirements;

(2) An appeal to the Trademark Trial and Appeal Board, with the appeal fee of $100 per class.

37 C.F.R. §2.64(a); TMEP §714.04; see 37 C.F.R. §2.6(a)(18); TBMP ch. 1200.

In certain rare circumstances, an applicant may respond by filing a petition to the Director pursuant to 37 C.F.R. §2.63(b)(2) to review

procedural issues. 37 C.F.R. §2.64(a); TMEP §714.04; see 37 C.F.R. §2.146(b); TBMP §1201.05; TMEP §1704 (explaining petitionable

matters). The petition fee is $100. 37 C.F.R. §2.6(a)(15).

Applicant is invited to contact the assigned examining attorney with any specific questions regarding the substance of this action.

/Katherine S. Chang/

Trademark Examining Attorney

Law Office 115

571-270-1528

[email protected]

TO RESPOND TO THIS LETTER: Go to http://www.uspto.gov/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the

issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application.

For technical assistance with online forms, e-mail [email protected]. For questions about the Office action itself, please contact the assigned

trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to

this Office action by e-mail.

All informal e-mail communications relevant to this application will be placed in the official application record.

WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an

applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the

response.

PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official

notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at

http://tsdr.uspto.gov/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the

Trademark Assistance Center by e-mail at [email protected] or call 800-786-9199. For more information on checking

status, see http://www.uspto.gov/trademarks/process/status/.

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.uspto.gov/trademarks/teas/correspondence.jsp.

To: Undefeated, Inc. ([email protected])

Subject: U.S. TRADEMARK APPLICATION NO. 85739619 - Five-Strike,

Sent: 7/31/2013 6:43:36 PM

Sent As: [email protected]

Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 7/31/2013 FOR U.S. APPLICATION SERIAL NO. 85739619

Please follow the instructions below:

(1) TO READ THE LETTER: Click on this link or go to http://tsdr.uspto.gov, enter the U.S. application serial number, and click on

“Documents.”

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24

hours of this e-mail notification.

(2) TIMELY RESPONSE IS REQUIRED: Please carefully review the Office action to determine (1) how to respond, and (2) the applicable

response time period. Your response deadline will be calculated from 7/31/2013 (or sooner if specified in the Office action). For information

regarding response time periods, see http://www.uspto.gov/trademarks/process/status/responsetime.jsp.

Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as

responses to Office actions. Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System

(TEAS) response form located at http://www.uspto.gov/trademarks/teas/response_forms.jsp.

(3) QUESTIONS: For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney. For

technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail

[email protected].

WARNING

Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application. For

more information regarding abandonment, see http://www.uspto.gov/trademarks/basics/abandon.jsp.

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION: Private companies not associated with the USPTO are

using information provided in trademark applications to mail or e-mail trademark-related solicitations. These companies often use names that

closely resemble the USPTO and their solicitations may look like an official government document. Many solicitations require that you pay

“fees.”

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document

from the USPTO rather than a private company solicitation. All official USPTO correspondence will be mailed only from the “United States

Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.” For more information on how to handle

private company solicitations, see http://www.uspto.gov/trademarks/solicitation_warnings.jsp.

EXHIBIT B

EXHIBIT B

EXHIBIT C


Formatted: Centered


Formatted: Font:72 pt


Formatted: Font:Bold

Registration No.: 11675945A

TRADEMARK REGISTRATION CERTIFICATE

Registrant: 永胜公 UNDEFEATED, INC. Address: 美国加利福尼亚州 90036 洛杉矶拉布瑞街南 112-1/2 112-1/2 SOUTH LA BREA AVENUE, LOS ANGELES, CA 90036, U.S.A.

Term of Validity: From May 7, 2015 to May 6, 2025 Signature of Director Mr. Xu Ruibiao Seal of the Trademark Office under the Administration State for Industrial and Commerce

Registration No.: 11675945A

Approved Services for Use Class 35: Business management assistance; Organization of exhibitions for commercial or advertising purposes; Administrative processing of purchase orders. (-End-)

Registration No.: 12125347

TRADEMARK REGISTRATION CERTIFICATE

Registrant: 永胜公 UNDEFEATED, INC. Address: 美国加利福尼亚州 90036 洛杉矶拉布瑞街南 112-1/2 112-1/2 SOUTH LA BREA AVENUE, LOS ANGELES, CA 90036, U.S.A.

Term of Validity: From Oct. 7, 2015 to Oct. 6, 2025 Signature of Director Mr. Xu Ruibiao Seal of the Trademark Office under the Administration State for Industrial and Commerce

Registration No.: 12125347

Approved Goods for Use Class 25: Clothing; Footwear; Headgear; Hosiery; Gloves (clothing); Neckties; Leather belt (for clothing). (-End-)

John R. Sommer John R. Sommer, Attorney-at-Law 17426 Daimler Street Irvine, CA 92614 United States of America

Our reference: 981/799032101

Geneva, 13/03/2014

Re: Statement of Grant of Protection (Rule 18ter(1)) International registration No. 1157107

Madam, Sir,

Please find enclosed a statement of grant of protection for the above-mentioned international registration, issued by the Office of European Union , in accordance with Rule 18ter(1) of the Common Regulations under the Madrid Agreement and Protocol.

International Bureau of the World Intellectual Property Organization (WIPO)

John R. Sommer John R. Sommer, Attorney-at-Law 17426 Daimler Street Irvine, CA 92614 United States of America

Our reference: 981/803588001

Geneva, 03/04/2014

Re: Statement of Grant of Protection (Rule 18ter(1)) International registration No. 1157107

Madam, Sir,

Please find enclosed a statement of grant of protection for the above-mentioned international registration, issued by the Office of Russian Federation , in accordance with Rule 18ter(1) of the Common Regulations under the Madrid Agreement and Protocol.

International Bureau of the World Intellectual Property Organization (WIPO)

CERTIFICATE OF SERVICE

I hereby certify that the foregoing THIRD AMENDED PETITION FOR

CANCELLATION has been served via e-mail to Counsel for Registrant, Jennifer Lee Taylor,

Morrison and Foerster LLP, [email protected], this 21st day of September 2016.

_____/jlorenzo/____________

Jayson M. Lorenzo

Attorney for Petitioner,

Undefeated, Inc.

CERTIFICATE OF ELECTRONIC DEPOSIT

I hereby certify that a true and complete copy of the foregoing THIRD AMENDED

PETITION FOR CANCELLATION is being electronically deposited on this 21st day of

September 2016, via the Electronic System for Trademark Trials and Appeals website.

_____/jlorenzo/____________

Jayson M. Lorenzo


Undefeated, Inc.

CERTIFICATE OF SERVICE

I hereby certify that the foregoing REDLINE COPY OF PETITIONER’S THIRD

AMENDED PETITION FOR CANCELLATION has been served via e-mail to Counsel for

Registrant, Jennifer Lee Taylor, Morrison and Foerster LLP, [email protected], this 17th day of

October 2016.

_____/jlorenzo/____________

Jayson M. Lorenzo


Undefeated, Inc.

CERTIFICATE OF ELECTRONIC DEPOSIT

I hereby certify that a true and complete copy of the foregoing REDLINE COPY OF

PETITIONER’S THIRD AMENDED PETITION FOR CANCELLATION is being

electronically deposited on this 17th day of October 2016, via the Electronic System for

Trademark Trials and Appeals website.

_____/jlorenzo/____________

Jayson M. Lorenzo


Undefeated, Inc.