Petition to Make Special

Global Format; No Form Number

Approved for use through 09/30/2021. OMB 0651-0061

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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Global Format; No Form Number

Approved for use through 09/30/2021. OMB 0651-0061

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Petition to Make Special

To the Commissioner for Trademarks:

The following is submitted for application serial number: 90479666

FORM TEXT:

In accordance with 37 C.F.R. § 2.146, Applicant, Elevate Entertainment Inc., hereby petitions the Director to make the above-referenced application special and advance examination.  Pursuant to 37 C.F.R. § 2.146, Applicant may request that the initial examination of the application be expedited based upon an explanation and statement of facts showing special action is justified.  Common reasons for granting petitions to make special include the existence of actual or threatened infringement.  TMEP § 1710.01.  In support of this petition and pursuant to TMEP §1710, Applicant submits herewith the following statement of facts. 

A third party Domain Name Owner currently owns a Domain Name that is confusingly similar to the COSM mark of Applicant.  See Declaration of Mr. Shaun Miller attached herewith. Special action is necessary to avoid or reduce the threat of trademark infringement by the Domain Name Owner beginning use of the Domain Name and consequential loss of rights.

The Domain Name Owner has not been and is not affiliated with or authorized by Applicant to use the COSM mark or the confusingly similar Domain Name.  The Domain Name Owner appears to have no superior rights to Applicant in the COSM mark and no legitimate interest in the Domain Name.  The Domain Name Owner is a provider of software as a service and cloud-based remote connectivity services for collaboration, IT management and customer engagement.  As such, the Domain Name Owner is positioned to readily begin using the confusingly similar Domain Name for goods and services infringing the rights of Applicant prior to issuance of a registration for the COSM mark.

If the Domain Name Owner begins using the Domain Name, Applicant will have lost the exclusive right to use the COSM mark and will be irreparably damaged by the resulting likelihood of confusion.  Earlier registration of Applicant’s mark will provide prima facie evidence of Applicant’s superior right in the COSM mark earlier, thereby allowing Applicant to prove and assert its superior rights earlier as well, if necessary.

Indeed, shortening examination of the application (i) will reduce, if not avoid, the threat of the Domain Name Owner using the Domain Name before a registration issues, (ii) will reduce the lapse of time between any initial use of the Domain Name before a registration issues, (iii) will reduce, if not avoid, the threat of the Domain Name Owner investing in use of the Domain Name and thus becoming more resistant to ceasing its infringing use, and (iv) will reduce the threat of the Domain Name Owner ignoring or discounting the prima facie superior trademark rights of a registration issuing after the Domain Name Owner begins using the Domain Name.

Applicant therefore respectfully requests that the above-referenced application be deemed special and granted expedited review.  

FORM FILE NAME(S):

Original PDF file:
COSM__-_Declaration_of_Shaun_Miller_202102523639101.pdf
Converted PDF file(s) (2 pages)
Attachments-1
Attachments-2

The owner proposes to amend the following:
Current: Elevate Entertainment Inc., having an address of
      Suite 400
      4143 Maple Avenue
      Dallas, Texas 75219
      United States
      Email Address: XXXX

Proposed: Elevate Entertainment Inc., having an address of
      Suite 400
      4143 Maple Avenue
      Dallas, Texas 75219
      United States
      Email Address: XXXX

The owner's/holder's current attorney information: Gregory W. Carr. Gregory W. Carr of CARR LAW FIRM, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 111
      6170 RESEARCH ROAD
      FRISCO, Texas 75033
      United States
The docket/reference number is ELEV 5390000.

The email address is trademarks@carrip.com

The owner's/holder's proposed attorney information: Gregory W. Carr. Gregory W. Carr of CARR LAW FIRM, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 111
      6170 RESEARCH ROAD
      FRISCO, Texas 75033
      United States
The docket/reference number is ELEV 5390000.

The email address is trademarks@carrip.com
Correspondence Information (current):
      GREGORY W. CARR
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@carrip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): gcarr@carrip.com

The docket/reference number is ELEV 5390000.
Correspondence Information (proposed):
      Gregory W. Carr
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@carrip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): gcarr@carrip.com

The docket/reference number is ELEV 5390000.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

FEE(S)
Fee(s) in the amount of $250 is being submitted.

SIGNATURE(S)
Declaration Signature
The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application, submission, or any registration resulting therefrom, declares that the facts set forth above are true; all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.

Signature: /Gregory W. Carr/      Date: 01/25/2021
Signatory's Name: Gregory W. Carr
Signatory's Position: Attorney of record, Texas bar member
Signatory's Phone Number: 2147603030
Signature method: Signed directly within the form

Submission Signature
Signature: /Gregory W. Carr/     Date: 01/25/2021
Signatory's Name: Gregory W. Carr
Signatory's Position: Attorney of Record, Texas Bar member
Signatory's Phone Number: 2147603030
Signature method: Signed directly within the form

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the petitioner's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the petitioner in this matter: the petitioner has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal; the petitioner has filed a power of attorney appointing him/her in this matter; or the petitioner's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    GREGORY W. CARR
   CARR LAW FIRM, PLLC
   SUITE 111
   6170 RESEARCH ROAD
   FRISCO, Texas 75033
Mailing Address:    Gregory W. Carr
   CARR LAW FIRM, PLLC
   SUITE 111
   6170 RESEARCH ROAD
   FRISCO, Texas 75033
        
RAM Sale Number: 41090352
RAM Accounting Date: 01/25/2021
        
Serial Number: 90479666
Internet Transmission Date: Mon Jan 25 14:41:11 ET 2021
TEAS Stamp: USPTO/PMS-XX.XXX.XX.XX-20210125144111780
270-90479666-20210125143018437314-CC-410
90352-20210125143018437314