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 |
Input Field |
Entered |
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SERIAL NUMBER | 90479666 |
MARK SECTION | |
MARK | http://uspto.report/TM/90479666/mark.png |
LITERAL ELEMENT | COSM |
STANDARD CHARACTERS | YES |
USPTO-GENERATED IMAGE | YES |
MARK STATEMENT | The mark consists of standard characters, without claim to any particular font style, size or color. |
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. |
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ATTACHMENT(S) | |
ORIGINAL PDF FILE | COSM__-_Declaration_of_Shaun_Miller_202102523639101.pdf |
CONVERTED PDF FILE(S) (2 pages) |
\\TICRS\EXPORT18\IMAGEOUT18\904\796\90479666\xml2\PMS0002.jpg |
\\TICRS\EXPORT18\IMAGEOUT18\904\796\90479666\xml2\PMS0003.jpg | |
OWNER SECTION (Current) | |
NAME | Elevate Entertainment Inc. |
INTERNAL ADDRESS | Suite 400 |
MAILING ADDRESS | 4143 Maple Avenue |
CITY | Dallas |
STATE | Texas |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
ZIP/POSTAL CODE | 75219 |
XXXX | |
OWNER SECTION (Proposed) | |
NAME | Elevate Entertainment Inc. |
INTERNAL ADDRESS | Suite 400 |
MAILING ADDRESS | 4143 Maple Avenue |
CITY | Dallas |
STATE | Texas |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
ZIP/POSTAL CODE | 75219 |
XXXX | |
ATTORNEY INFORMATION (current) | |
NAME | Gregory W. Carr |
ATTORNEY BAR MEMBERSHIP NUMBER | XXX |
YEAR OF ADMISSION | XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY | XX |
FIRM NAME | CARR LAW FIRM, PLLC |
INTERNAL ADDRESS | SUITE 111 |
STREET | 6170 RESEARCH ROAD |
CITY | FRISCO |
STATE | Texas |
POSTAL CODE | 75033 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
trademarks@carrip.com | |
DOCKET/REFERENCE NUMBER | ELEV 5390000 |
ATTORNEY INFORMATION (proposed) | |
NAME | Gregory W. Carr |
ATTORNEY BAR MEMBERSHIP NUMBER | XXX |
YEAR OF ADMISSION | XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY | XX |
FIRM NAME | CARR LAW FIRM, PLLC |
INTERNAL ADDRESS | SUITE 111 |
STREET | 6170 RESEARCH ROAD |
CITY | FRISCO |
STATE | Texas |
POSTAL CODE | 75033 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
trademarks@carrip.com | |
DOCKET/REFERENCE NUMBER | ELEV 5390000 |
CORRESPONDENCE INFORMATION (current) | |
NAME | GREGORY W. CARR |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | trademarks@carrip.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | gcarr@carrip.com |
DOCKET/REFERENCE NUMBER | ELEV 5390000 |
CORRESPONDENCE INFORMATION (proposed) | |
NAME | Gregory W. Carr |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | trademarks@carrip.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | gcarr@carrip.com |
DOCKET/REFERENCE NUMBER | ELEV 5390000 |
PAYMENT SECTION | |
NUMBER OF CLASSES | 1 |
PETITION TO DIRECTOR FEE | 250 |
TOTAL FEES DUE | 250 |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | /Gregory W. Carr/ |
SIGNATORY'S NAME | Gregory W. Carr |
SIGNATORY'S POSITION | Attorney of record, Texas bar member |
SIGNATORY'S PHONE NUMBER | 2147603030 |
DATE SIGNED | 01/25/2021 |
SIGNATURE METHOD | Signed directly within the form |
SUBMISSION SIGNATURE | /Gregory W. Carr/ |
SIGNATORY'S NAME | Gregory W. Carr |
SIGNATORY'S POSITION | Attorney of Record, Texas Bar member |
SIGNATORY'S PHONE NUMBER | 2147603030 |
DATE SIGNED | 01/25/2021 |
ROLE OF AUTHORIZED SIGNATORY | Authorized U.S.-Licensed Attorney |
SIGNATURE METHOD | Signed directly within the form |
FILING INFORMATION SECTION | |
SUBMIT DATE | Mon Jan 25 14:41:11 ET 2021 |
TEAS STAMP | USPTO/PMS-XX.XXX.XX.XX-20 210125144111780270-904796 66-20210125143018437314-C C-41090352-20210125143018 437314 |
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 |
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.