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Rocket Box.” However, in the Jacks Logo, This Wording Is a Minimal Element of the Mark

Rocket Box.” However, in the Jacks Logo, This Wording Is a Minimal Element of the Mark

Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA1032893 Filing date: 01/31/2020

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 88360870 Applicant Box Inc. Applied for Mark ROCKET BOX JACKS QUALITY Correspondence BRIAN TUCKER Address KIRTON MCCONKIE 36 S STATE STREET, #1900 SALT LAKE CITY, UT 84111 UNITED STATES [email protected], [email protected], [email protected] 801-239-3147

Submission Appeal Brief Attachments JACKS Logo - Appeal Brief.pdf(1078015 bytes ) Rocket Box Exhibits A-E.pdf(3577783 bytes ) Rocket Box Exhibits F-J.pdf(5566013 bytes ) Rocket Box Exhibits K-M.pdf(5166746 bytes ) Rocket Box Exhibits N-P.pdf(3479562 bytes ) Filer's Name Brian Tucker Filer's email [email protected], [email protected] Signature /Brian Tucker/ Date 01/31/2020 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

Mark:

Serial No.: 88/360,870

Applicant: Rocket Box Inc.

Examiner: Shaila E. Lewis Law Office 114

APPLICANT’S APPEAL BRIEF

Applicant respectfully requests that the Trademark Trial and Appeal Board (TTAB) reverse the Examiner’s final refusal under Section 2(d) because there is no likelihood of confusion between Applicant’s mark (the “Jacks Logo”) and the Rocket Box mark that is the subject of U.S. Trademark Registration No: 3,146,503 (the “Rocket Box Registration”).

I. Relevant Facts The Rocket Box Registration is owned by , Inc. (“Mattel”), the owner of the Hot Wheels brand, and covers “toy vehicles and accessories therefor.” As evidenced by each specimen Mattel has relied on to establish use of the Rocket Box mark, Mattel uses Rocket Box as a name of a particular Hot Wheels car. Exhibit A provides an example this use. Mattel’s latest specimen is also reproduced below.

Applicant, Rocket Box Inc., has been selling jacks under the Jacks Logo since at least as early as March 1, 2016. Exhibit B is a printout of Applicant’s Amazon listing on November 5, 2019 and includes reviews for verified purchases dating back to 2016. In addition to selling on Amazon, Applicant also sells its jacks under the Jacks Logo on the websites www.rocketboxjacks.com.

II. Prosecution History Applicant previously attempted to register the Jacks Logo by filing U.S. TM Appl. Ser. No. 86/958,447 on March 30, 2016. This attempt, which Applicant handled pro se, was unsuccessful. Applicant filed the present application on March 28, 2019 based on use of the Jacks Logo dating back to at least March 1, 2016. In the application as filed, the goods were defined as “Tabletop games” in class 028. On April 3, 2019, Applicant submitted a preliminary amendment

2 to limit the goods to “Tabletop games, namely, jacks.” Accordingly, Applicant is pursuing registration of the Jacks Logo only for jacks. On June 13, 2019, the Office issued a non-final office action (the “June 13 Office Action”) in which it presented a section 2(d) refusal based on a likelihood of confusion with the Rocket Box mark which is the subject of the Rocket Box Registration. As indicated above, the Rocket Box Registration only lists goods of “toy vehicles and accessories therefor.” In the June 13 Office Action, the Office concluded without support that the dominant element in the Jacks Logo is “Rocket Box” and, based on this unsupported conclusion, determined that the marks were similar. The Office also concluded, based only on a few websites that sell a wide variety of goods, that the respective goods were sold or provided through the same channels and used by the same classes of consumers in the same fields of use and therefore concluded that the goods are related. Notably, in the June 13 Office Action, the Office failed to consider the goods as amended. Specifically, the Office’s analysis was based on goods of “Tabletop games” rather than “jacks.” Applicant responded to the June 13 Office Action by pointing out that the Office had failed to consider the correct goods, had incorrectly concluded that Rocket Box is the dominant element, had failed to consider the Jacks Logo as a whole and had failed to compare the respective goods. On July 19, 2019, the Office issued another non-final office action (the “July 19 Office Action”) in which it maintained the likelihood of confusion refusal. The Office again concluded, without support, that Rocket Box is the dominant portion of the Jacks Logo and largely ignored all other aspects of the Jacks Logo based on the mistaken belief that generic or descriptive elements of a mark need not be considered when comparing marks for similarity. The Office also concluded that toy cars and jacks are similar based merely again on a few websites that sell a wide variety of goods. Applicant responded to the July 19 Office Action by submitting evidence showing that the term “Rocket Box” is commonly used, explaining five significant differences between the respective marks, citing significant case law that directly contradicts the Office’s position and pointing out various facts specific to this case that the Office had failed to consider. On October 17, 2019, the Office issued a final office action (the “October 17 Office Action”) in which the Office again maintained the likelihood of confusion refusal. The Office

3 again failed to consider the Jacks Logo as a whole and largely ignored the significant differences between the marks. The Office also dismissed the significant evidence of third-party use by simply stating that the use was in connection with different goods. Applicant submitted a request for reconsideration in which it submitted additional evidence of third-party use of Rocket Box, including significant evidence of use in conjunction with toys. Applicant also explained how the Office had failed to rebut Applicant’s arguments in the previous response. Throughout prosecution, Applicant has repeatedly pointed out that the Office has performed an analysis in the abstract and largely ignored the facts specific to this case – facts that show that there is no likelihood of confusion.

III. There is no likelihood of confusion

a. Governing Standards In the present case, the ultimate inquiry is “whether there is a likelihood of confusion as to the source or sponsorship of the goods … because of the marks used thereon.” (TMEP 1207.01). In the context of this case, this inquiry can be phrased as whether there is a likelihood that consumers, upon seeing the Jacks Logo on jacks, will be confused into believing that Mattel is the source of the jacks or sponsors the jacks. Notably, “it is the examiner's burden to provide evidence in support of the refusal.” See In re Micros Systems, Inc., 2015 WL 1276589 (TTAB 2015); In re Iris Data Services, Inc., Serial No. 86455558 (TTAB 2017). In analyzing a likelihood of confusion refusal, the Board should consider all relevant factors. See In re Dixie Restaurants, Inc., 105 F.3d 1405, 1406, 41 U.S.P.Q.2d 1531 (Fed. Cir. 1997). These factors include: 1. The similarity or dissimilarity of the marks in their entireties as to appearance, sound, connotation and commercial impression. 2. The similarity or dissimilarity, and nature, of the goods or services as described in an application or registration or in connection with which a prior mark is in use. 3. The similarity or dissimilarity of established, likely to continue trade channels. 4. The conditions under which, and buyers to whom, sales are made, i.e., “impulse” vs.

4 careful, sophisticated purchasing. 5. The fame of the prior mark (sales, advertising, length of use). 6. The number and nature of similar marks in use on similar goods. 7. The nature and extent of any actual confusion. 8. The length of time during and conditions under which there has been concurrent use without evidence of actual confusion. 9. The variety of goods on which the mark is or is not used (house mark, “family” mark, product mark). 10. The market interface between applicant and the owner of a prior mark: (a) a mere “consent” to register or use; (b) agreement provisions designed to preclude confusion, i.e., limitations on continued use of the marks by each party; (c) assignment of mark, application, registration and goodwill of the related business; (d) laches and estoppel attributable to the owner of prior mark and indicative of lack of confusion. 11. The extent to which applicant has a right to exclude others from use of its mark on its goods. 12. The extent of potential confusion, i.e., whether de minimus or substantial. 13. Any other established fact probative of the effect of use.

b. Analysis of the Factors

i. The dissimilarity of the marks in their entireties weighs against a finding of likelihood of confusion

“Determining whether there is a likelihood of confusion requires careful consideration of the nature of the common elements of the marks at issue, as well as the overall commercial impression created by each mark.” TMEP 1207.01(b)(iii). “The basic principle in determining confusion between marks is that marks must be compared in their entireties and must be considered in connection with the particular goods or services for which they are used. It follows from that principle that likelihood of confusion cannot be predicated on dissection of a mark, that is, on only part of a mark. On the other hand, in articulating reasons for reaching a conclusion on the issue of confusion, there is nothing improper in stating that, for rational reasons, more or less weight has been given to a particular feature of a mark, provided the ultimate conclusion rests on consideration of the marks in their

5 entireties. Indeed, this type of analysis appears to be unavoidable.” TMEP 1207.01(b). “The comparison of composite marks must be done on a case-by-case basis, without reliance on mechanical rules of construction.” TMEP 1207.01(c)(ii). “Often, the examining attorney must determine whether a likelihood of confusion exists between composite marks that consist of a design element combined with words and/or letters. Frequently, the marks at issue are similar in only one element. Although it is not proper to dissect a mark, if one feature of a mark is more significant than another feature, greater weight may be given to the dominant feature for purposes of determining likelihood of confusion.” Id. This guidance reinforces that the Office must perform a comparison – with careful consideration – between the marks in their entireties but also notes that greater weight may be given to a dominant feature “for purposes of determining likelihood of confusion.” The Office has yet to perform a comparison of the marks in their entireties. A careful consideration of the marks in their entireties reveals that the only common element is the wording “Rocket Box.” However, in the Jacks Logo, this wording is a minimal element of the mark. It is much smaller in size then the stylized wording “Jacks,” it is smaller than or at least no larger than the wording “Quality” and the various sets of stars, and it is embedded within the large black ring over which the wording “Jacks” is superimposed. The Office has repeatedly failed to carefully consider these elements of the Jacks Logo including the commercial impression that these elements create. “Additions or deletions to marks may be sufficient to avoid a likelihood of confusion if: (1) the marks in their entireties convey significantly different commercial impressions; or (2) the matter common to the marks is not likely to be perceived by purchasers as distinguishing source because it is merely descriptive or diluted.” TMEP 1207.01(b)(iii). In this case, the Jacks Logo includes the common wording “Rocket Box” and the additions of: (1) the large, stylized wording “Jacks;” (2) the large ring over which the wording “Jacks” is superimposed and within which the wording “Rocket Box” is embedded; (3) a set of three stars each of which is larger than the letters in the wording “Rocket Box;” (4) the wording “Quality” that is approximately the same size as the wording “Rocket Box” but is centered within the Jacks Logo below the wording Jacks; and (5) a set of eight stars that are approximately the same size as the letters in the wording “Rocket Box” but encompass a larger area of the Jacks Logo than the wording “Rocket Box.”

6 A careful consideration must determine whether these additions cause the Jacks Logo to convey a significantly different commercial impression from the Rocket Box mark. Applicant submits that the five significant dissimilarities identified above outweigh the common wording and play a significant role in creating a different commercial impression. Also, as addressed in greater detail below, the evidence of record reveals that Rocket Box – the only common element – is weak and not likely to be perceived by purchasers as distinguishing source. In its refusals, the Office has argued that “Rocket Box” is the dominant element in Applicant’s mark. In particular, the Office states: “In the present case, the marks are similar in commercial impression because the dominant element in each mark is identical, namely, “Rocket Box.” Based on this conclusion, the Office further concludes that the marks are similar. However, the Office fails to adequately support its conclusions and instead relies on conclusory statements and citations to general case law. For example, the Office argues: Applicant argues that the mark was dissected inappropriately in the determination that the marks are similar. However, as stated previously, when evaluating a composite mark consisting of words and a design, the word portion is normally accorded greater weight because it is likely to make a greater impression upon purchasers, be remembered by them, and be used by them to refer to or request the goods and/or services. In re Aquitaine Wine USA, LLC, 126 USPQ2d 1181, 1184 (TTAB 2018) (citing In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012)); TMEP §1207.01(c)(ii). Thus, although marks must be compared in their entireties, the word portion is often considered the dominant feature and is accorded greater weight in determining whether marks are confusingly similar, even where the word portion has been disclaimed. In re Viterra Inc., 671 F.3d at 1366-67, 101 USPQ2d at 1911 (citing Giant Food, Inc. v. Nation’s Foodservice, Inc., 710 F.2d 1565, 1570-71, 218 USPQ2d 390, 395 (Fed. Cir. 1983)).

Notably, in this argument, the Office only references general rules and does not perform any type of analysis that is specific to the facts of this case. Applicant acknowledges that words are “normally” given greater weight than a design, but the blind application of a “normal” rule contravenes the mandate that “each case must be decided on its own facts.” TMEP 1027.01. The Office also argues: Further, disclaimed matter that is descriptive of or generic for a party’s goods and/or services is typically less significant or less dominant when comparing marks. In re Detroit Athletic Co., 903 F.3d 1297, 1305, 128 USPQ2d 1047, 1050 (Fed. Cir. 2018) (citing In re Dixie Rests., Inc., 105 F.3d 1405, 1407,

7 41 USPQ2d 1531, 1533-34 (Fed. Cir. 1997)); TMEP §1207.01(b)(viii), (c)(ii). In the present case, the word “JACKS” is generic because the identified goods are jacks. A generic term is a common name that the relevant public uses or understands primarily as referring to the category or genus of the goods and/or services in question. In re Nordic Naturals, Inc., 755 F.3d 1340, 1342, 111 USPQ2d 1495, 1497 (Fed. Cir. 2014); H. Marvin Ginn Corp. v. Int’l Ass’n of Fire Chiefs, Inc., 782 F.2d 987, 989-90, 228 USPQ 528, 530 (Fed. Cir. 1986); see TMEP §1209.01(c). Generic terms are by definition incapable of indicating a particular source of goods and/or services and cannot be registered as trademarks or service marks. In re Cordua Rests., Inc., 823 F.3d 594, 599, 118 USPQ2d 1632, 1634 (Fed. Cir. 2016) (quoting In re Merrill Lynch, Pierce, Fenner, & Smith, Inc., 828 F.2d 1567, 1569, 4 USPQ2d 1141, 1142 (Fed. Cir. 1987)); see TMEP §1209.01(c). Registering generic terms “would grant the owner of [a] mark a monopoly, since a competitor could not describe his goods as what they are.” In re Merrill Lynch, Pierce, Fenner, & Smith, Inc., 828 F.2d at 1569, 4 USPQ2d at 1142. Therefore, the word “JACKS” has no source-identifying significance. Even if the word “QUALITY” were considered to be source- identifying, it is descriptive and has less significance than the wording “ROCKET BOX.” Therefore, the dominant feature of the mark is “ROCKET BOX.”

In this argument, the Office makes determinations based on the facts of the case – that JACKS is generic of the goods and that QUALITY is descriptive – but then proceeds to misapply the law. In particular, the “typical” rule is that generic and descriptive matter is less significant when comparing marks, but that does not mean that the Office can ignore generic or descriptive matter in determining whether marks are similar. It also does not mean that the other elements are automatically the dominant ones. To support ignoring JACKS and QUALITY in the comparison, the Office cites case law which establishes that generic terms cannot be registered. Yet, registering generic terms is entirely different from determining whether two marks are similar. Applicant is not trying to register the generic term JACKS or the allegedly descriptive term QUALITY. To the contrary, Applicant is trying to register a mark that includes JACKS, QUALITY, other terms and various design elements – i.e., a composite mark. Furthermore, the Federal Circuit has held that a disclaimed portion of a mark can be the dominant portion for purposes of a likelihood of confusion analysis. “[W]e previously have found that the dominant portion of a composite word and design mark is the literal portion, even where the literal portion has been disclaimed.” In re Viterra Inc., 671 F.3d 1358, 1366–67 (Fed. Cir. 2012) (citing Giant Food, Inc. v. Nation's Foodservice, Inc., 710 F.2d 1565, 1570–71 (Fed.Cir.1983) (finding that the term “GIANT” was the dominant portion of a mark consisting of

8 the words GIANT HAMBURGERS with a large background design, even though the applicant disclaimed “GIANT HAMBURGERS.”)). Accordingly, it was improper for the Office to conclude that the much less prominent “Rocket Box” rather than the large and centered “Jacks” was automatically the dominant portion of the Jacks Logo simply because jacks may be generic. Simply put, the evidence of record indicates that no single element of the Jacks Logo is dominant. The governing law mandates that the marks be compared in there entireties and would allow greater weight to be given to one element when it is the dominant element. Yet, there is ample evidence that Rocket Box is not the dominant element of the Jacks Logo. The Office therefore committed legal error in concluding that Rocket Box is the dominant element. The error in the Office’s position is further highlighted in the following argument: The third party marks cited by applicant are used in connection with different goods, which means the mark is not diluted or weak. Moreover, third- party registrations are entitled to little weight on the issue of confusing similarity because the registrations are “not evidence that the registered marks are actually in use or that the public is familiar with them.” In re Midwest Gaming & Entm’t LLC, 106 USPQ2d 1163, 1167 n.5 (TTAB 2013) (citing In re Mighty Leaf Tea, 601 F.3d 1342, 1346, 94 USPQ2d 1257, 1259 (Fed. Cir. 2010)); see TMEP §1207.01(d)(iii). The existence on the register of other seemingly similar marks does not provide a basis for registrability for the applied-for mark. AMF Inc. v. Am. Leisure Prods., Inc., 474 F.2d 1403, 1406, 177 USPQ 268, 269 (C.C.P.A. 1973); In re Total Quality Grp., Inc., 51 USPQ2d 1474, 1477 (TTAB 1999). Therefore, they do not warrant withdrawal of the refusal.

This argument, which is addressed in greater detail below, misses the mark. Applicant cited the third party marks as evidence that the term Rocket Box is commonly used. The third party marks contradict the Office’s unsupported conclusion that Rocket Box is the dominant portion of Applicant’s mark. Applicant is not attempting to register Rocket Box. To the contrary, Applicant is attempting to register a composite mark that includes the term Rocket Box among its many elements. “Whether a mark is classified as ‘strong’ or ‘weak’ is a very important element in deciding likelihood of confusion.” 4 McCarthy on Trademarks and Unfair Competition § 23:48 (5th ed.). “If the common element of conflicting marks is a word that is “weak” then this reduces the likelihood of confusion.” Id. “Determining that a mark is weak means that consumer confusion has been found unlikely because the mark's components are so widely used

9 that the public can easily distinguish slight differences in the marks, even if the goods are related.” Gen. Mills, Inc. v. Kellogg Co., 824 F.2d 622, 626 (8th Cir. 1987). The only similarity between the Jacks Logo and the Rocket Box mark is the term “Rocket Box.” Yet, for the reasons provided below, Rocket Box is commonly used with a variety of toys and other goods and services. “Additions or deletions to marks may be sufficient to avoid a likelihood of confusion if … the matter common to the marks is not likely to be perceived by purchasers as distinguishing source because it is merely descriptive or diluted.” TMEP 1207.01(b)(iii). The term “Rocket Box” is not the dominant element of the Jacks Logo and would not be perceived by purchasers as distinguishing source because many other toys manufacturers and retailers use the term. Furthermore, as addressed more fully below, the common use of this term is due to its descriptive nature – rocket box describes an , speedy, quick, etc. characteristic. In short, consumers are not likely to perceive Rocket Box alone as a source identifier. By focusing its analysis on the term Rocket Box while largely ignoring all other elements of the Jacks Logo, the Office committed legal error. The Office must consider the Jacks Logo in its entirety and must perform an analysis based on the facts specific to this case. Once such an analysis is performed, it is clear that the dissimilarities between the respective marks weighs against a finding of likelihood of confusion.

ii. The respective goods and their channels of trade are not as similar as the Office suggests

Although jacks and toy cars are both toys, that is where the similarities end. Jacks are a vintage toy and are not commonly sold in the same stores where Hot Wheels toy cars are sold. In fact, Mattel apparently does not even sell jacks even though it sells a wide variety of toys. The Office’s evidence even supports a conclusion that jacks are different from Hot Wheels toy cars. The Office relies on screenshots of crackerbarrell.com, orientaltrading.com, mastermindtoys.com, tintoyarcade.com and iharttoys.com, none of which sell Hot Wheels toy cars. In fact, many of these websites focus on vintage toys such as jacks and do not carry any mainstream brands like Hot Wheels. For example, tintoyarcarde.com advertises itself as selling “classic retro toys,” and crackerbarrel.com advertises itself as an “old country store.” Two of

10 these websites, mastermindtoys.com and iharttoys.com are not located in the US and therefore provide little if any evidentiary value. Finally, orientaltrading.com is a unique party supply store. In short, the websites the Office relies on do not support a finding that Mattel’s Hot Wheels Rocket Box toy cars and Applicant’s jacks travel in the same trade channels. To the contrary, the evidence shows that jacks are not sold in typical toy stores but only in specialty stores that do not carry Hot Wheels. In short, the public knows that jacks, as a vintage toy, are not commonly sold in typical toy stores or department stores, but are sold in specialty stores. The dissimilarities between toy cars and jacks and their channels of trade weigh against a likelihood of confusion. Even assuming, arguendo, that jacks and toy cars are related, the inquiry should not end there. Many goods and services are related in some way. There will always be internet evidence to show that goods are sold on the same website. For example, Amazon sells virtually everything. The proper inquiry must consider whether the goods are sufficiently related to create a likelihood of confusion. This inquiry is not performed in isolation but in view of the similarities between the respective marks. “The issue is not whether the respective marks themselves, or the goods or services offered under the marks, are likely to be confused but, rather, whether there is a likelihood of confusion as to the source or sponsorship of the goods or services because of the marks used thereon.” TMEP 1207.01. This legal maxim can be phrased in a case-specific way as follows: “The issue is not whether [the Jacks Logo and the Rocket Box mark] themselves, or [the jacks and toy cars] offered under the marks, are likely to be confused, but, rather, whether there is a likelihood of confusion as to the source or sponsorship of the [jacks] because of [the Jacks Logo] used thereon.” “The facts in each case vary and the weight to be given each relevant du Pont factor may be different in light of the varying circumstances; therefore, there can be no rule that certain goods or services are per se related, such that there must be a likelihood of confusion from the use of similar marks in relation thereto.” TMEP 1207.01(a)(iv). The facts in this case indicate that consumers will not be confused into believing that Applicant’s jacks are associated with or sponsored by Mattel. In short, Applicant has provided evidence to rebut the Office’s position, namely, that jacks are a vintage toy that are commonly sold at specialty stores where Hot Wheels cars are not.

11 The Office has provided no evidence to rebut the argument that vintage toys are different. Therefore, at best, this factor is neutral and may even weigh against a finding of likelihood of confusion.

iii. Consumers exhibit care when purchasing jacks

The evidence of record supports a finding that consumers do not buy jacks on an impulse. For example, most of the comments to the Amazon listing in Exhibit B reveal that consumers are older individuals that played jacks as children “back in the 1950’s or 1960’s” and even found it “hard to [find jacks] in other places.” This evidence supports a finding that consumers will exhibit at least some care in searching for jacks that resemble the “ones [they] had growing up.” This evidence also reinforces that jacks are not sold through the same channels of trade as Mattel’s Hot Wheels cars. In contrast, the Office has provided no evidence to support a finding that consumers purchase jacks on an impulse. Therefore, this factor weighs against a finding of likelihood of confusion.

iv. There is no evidence that Mattel’s Rocket Box mark is famous

The Office has provided no evidence that Mattel’s Rocket Box mark is famous. In fact, the only relevant evidence of record reveals that consumers may not even view Rocket Box as a mark. For example, in Exhibit A and in each specimen Mattel has submitted, Rocket Box is merely a name of a Hot Wheels car and does not appear prominently on any of the packaging. Applicant acknowledges that the validity of a registration cannot be challenged in this context, but also notes that all relevant facts must be considered. It is also worth noting that Exhibit A indicates that the Hot Wheels car named Rocket Box is #1,358,827 in Amazon’s toys and games best sellers rank and #21,781 in Amazon’s children’s die-cast vehicles best sellers rank. These rankings certainly do not support a finding that Mattel’s Rocket Box mark is famous. Accordingly, this factor does not support a finding of likelihood of confusion.

v. The Rocket Box mark is used in conjunction with a variety of toys and other goods

12 The evidence of record reveals that the term Rocket Box is commonly used when describing toys.  Exhibit C, which is a listing for the popular American Girl doll, uses the terms “rocket box” and “rocket set” to identify and describe the doll.  Exhibit E, which is a listing for a , uses the term “rocket box” to identify the action figure.  Exhibit G, which is a listing for a favor box to distribute toys/gifts at a child’s party, uses the term “rocket box” to identify the favor box.  Exhibit H, which is a listing for a toy rocket, uses the term “rocket box” to identify the toy rocket.1 The evidence of record also reveals that the term Rocket Box is commonly used in conjunction with other goods and services.  Exhibit D shows the term Rockit Box used for analytics services.  Exhibit F shows the term Rocket Box used for a bag for carrying ammunition boxes.  Exhibit I shows the term Rocket Box used for .  Exhibit K shows the term Rocket Box used for cigarette rolling machine.  Exhibit L shows the term Rocket Box used for amplifiers.  Exhibit M shows the term Rocket Box used for car accessories.  Exhibit N shows the term Rocketbox used for jewelry.  Exhibit O shows the term Rocket Box used for ammunition.  Exhibit P shows the term Rocket Box used for bat boxes. Although these goods and services may not be overly similar to toys, in each case, the term rocket box is used in a descriptive fashion to represent speed, explosion, energy, etc. In Mattel’s case, the Rocket Box mark is also used with the same descriptive meaning – i.e., a speedy car. In the case of Yakima’s Rocket Box car topper, Applicant submits that the goods are similar to the toy cars covered by the Rocket Box Registration. Yakima’s Rocket Box car topper

1 Although not of record, the following websites also reveal substantial third-party use of the term Rocket Box in conjunction with toys and related goods: https://www.zazzle.com/rocket+box+gifts; http://rocketboxhk.com/; and https://www.etsy.com/market/rocket_box. 13 is an accessory for a car. The Rocket Box Registration covers accessories for toy cars. Given that toy cars are routinely made to look like and represent actual cars, there is a direct connection between toy cars and actual cars. In view of this significant third-party use, the Rocket Box mark is weak and should be given a narrow scope of protection. TMEP 1207.01(d)(iii) states that “third-party registrations [and use] may be relevant to show that a mark or a portion of a mark is … so commonly used that the public will look to other elements to distinguish the source of the goods or services. See also Jack Wolfskin Ausrustung Fur Draussen GmbH & Co. KGAA v. New Millennium Sports, S.L.U., 797 F.3d 1363, 1373–1374, 116 U.S.P.Q.2d 1129, 1136 (Fed. Cir. 2015) (“[E]xtensive evidence of third-party use and registrations is ‘powerful on its face,’ even where the specific extent and impact of the usage has not been established.”). “Determining that a mark is weak means that consumer confusion has been found unlikely because the mark's components are so widely used that the public can easily distinguish slight differences in the marks, even if the goods are related.” Gen. Mills, Inc. v. Kellogg Co., 824 F.2d 622, 626 (8th Cir. 1987). The evidence of record reveals that the Rocket Box mark is weak because it is commonly used in conjunction with toys and cars and is used with the same connotation on a wide variety of goods and services. This factor weighs strongly against a finding of likelihood of confusion. In fact, Applicant submits that this factor combined with the differences between the respective marks is dispositive.

vi. There is no evidence of actual confusion in spite of long-term concurrent use

Applicant has been selling its jacks under the Jacks Logo for nearly four years. To date, Applicant is unaware of any instances of confusion. Additionally, the only evidence of record is the fact that both marks have been concurrently used for nearly four years. Absent any evidence of actual confusion, these factors must weigh against a finding of likelihood of confusion.

vii. Applicant’s name is Rocket Box and Applicant has been using the Rocket Box mark for other goods and services

Although Applicant has not attempted to register the Rocket Box mark, it has been using

14 the Rocket Box mark to operate a retail website and to provide a number of goods.2 In contrast, the evidence shows that Mattel has only used the Rocket Box mark as a name of a particular Hot Wheels car. Applicant’s breadth of use, including the fact that Rocket Box Inc.3 is Applicant’s name, weighs against a finding of likelihood of confusion.

viii. Laches is a factor

As addressed above, Applicant has been using the Jacks Logo since at least as early as March 1, 2016. Through this use, Applicant’s jacks have become one of the top sellers on Amazon. Applicant has therefore established significant goodwill and brand awareness in the Jacks Logo. Applicant also previously attempted to register the Jacks Logo on March 30, 2016 based on current use of the Jacks Logo. See U.S. TM. Appl. No. 86/958,447. For nearly four years, Mattel has had at least constructive notice of Applicant’s use of the Jacks Logo but has taken no action. Given that Mattel is a large and sophisticated company with thousands of trademarks, Mattel’s lack of action suggests that there is no confusion. Applicant’s continuous use of the Jacks Logo and the resulting goodwill combined with Mattel’s lack of action weighs against a finding of likelihood of confusion.

ix. Through its use of the Jacks Logo, Applicant has obtained the right to exclude others from using the Jacks Logo on jacks

Given Applicant’s nearly four years of continuous use of the Jacks Logo and the success in the marketplace of its jacks that bear this mark, Applicant has obtained the right to exclude others from using the Jacks Logo on jacks. This is true regardless of whether the Office agrees to register the Jacks Logo. As a practical consideration, Applicant notes that a primary reason for attempting to register the Jacks Logo is to enable Applicant to register the Jacks Logo on Amazon’s Brand Registry so that it can stop others from copying the Jacks Logo. In other words, malicious third parties know the value and brand recognition of the Jacks Logo and are using it to divert sales from Applicant on Amazon.

2 www.rocketboxproducts.com 3 Rocket Box Inc. was established in 2014. 15 Consumers recognize the Jacks Logo as a source identifier for Applicant. This factor weighs strongly against a finding of likelihood of confusion.

x. Any potential confusion would be de minimus

Applicant has limited the goods so that there is no overlap with the goods listed in the Rocket Box Registration. The evidence also reveals that jacks are not sold through the same channels as Hot Wheels. The evidence further reveals that Mattel’s use of the Rocket Box mark is only as a name of a particular Hot Wheels car. Mattel’s Rocket Box mark is therefore not a family mark (Mattel) or a product mark (Hot Wheels), but a weak tertiary mark. Furthermore, the evidence reveals extensive third-party use of the Rocket Box mark for toys and third-party use of the Rocket Box mark with the same descriptive connotation in which Mattel uses the Rocket Box mark. In view of these facts, to the extent some consumers could be confused, such confusion would be de minimus. For example, when viewing the Jacks Logo on jacks, it would be extremely unlikely that a consumer would think that Mattel is the source of the jacks. There are hundreds of Hot Wheels cars that each have a name. Merely because the Jacks Logo incorporates one of these names as one of various elements in the logo does not create a likelihood that consumers will think Applicant’s jacks are in any way related to Mattel or the Hot Wheels brand. Therefore, this factor weighs against a finding of likelihood of confusion.

IV. Conclusion

With each of the Du Pont factors, the evidence contradicts the Office’s position.  The Office has not provided any evidence to rebut the substantial evidence that Rocket Box is weak due to its extensive use by third parties.  The Office has also failed to rebut Applicant’s arguments that Rocket Box is not the dominant element of the Jacks Logo.  The Office has also failed to rebut Applicant’s arguments that the marks in their entireties are quite different and convey significantly different commercial impressions.  The Office has also failed to rebut Applicant’s argument and evidence that

16 vintage toys such as jacks are distributed through different channels of trade from mainstream toys such as Hot Wheels cars.  The Office has further failed to present any evidence to address any of the other factors. In view of the evidence of record, there is not a single factor that clearly weighs in favor of a finding of likelihood of confusion. In contrast, most of the factors clearly weigh against such a finding. For those factors that do not clearly weigh against a finding of likelihood of confusion, there is substantial – and unrebutted – evidence that the factors weigh against such a finding. In short, the Office has not considered the facts in presenting its likelihood of confusion refusal. Instead, the Office has relied on generic citations to case law that are not supported by or relevant to the facts specific to this case. Once all the facts are carefully considered, it is clear that consumers would never believe that jacks bearing the Jacks Logo are somehow associated with Mattel. For each of these reasons, Applicant respectfully requests that the likelihood of confusion refusal be withdrawn.

17 DATED this 31st day of January, 2020.

Respectfully submitted,

Kirton McConkie

By: /Brian D. Tucker/ Brian D. Tucker

Kirton McConkie, P.C. 36 S. State Street, #1900 Salt Lake City, Utah 84111 801-239-3147 [email protected] Attorney for Applicant Rocket Box Inc.

18 Exhibit A 11/5/2019 Amazon.com: Mattel Hot Wheels 2005 Blings 1:64 Scale White Rocket Box Die Cast Car #036: Toys & Games

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Mattel Hot Wheels 2005 $5.87 Blings 1:64 Scale White & FREE Shipping Rocket Box Die Cast Car Get it as soon as Nov. 7 - 13 when #036 you choose Expedited Shipping at by Mattel checkout.

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Rocket Box Jacks Game: Retro, $9.99 New Vintage, Classic Game of FREE Shipping on orders over Jacks, Gold and Silver Toned $25.00 shipped by Amazon or get Jacks, Two Red Bouncy Balls Fast, Free Shipping with Amazon Prime & FREE Returns and Set of Instructions, Fun for Want it Thursday, Nov. 7? Order Kids and Adults of All Ages. within 7 hrs 11 mins and choose by Rocket Box Two-Day Shipping at checkout. 310 ratings Details | 26 answered questions In Stock. List Price: $12.99 Price: $9.99 FREE Shipping on orders over Qty:1Qty: 1 $25.00 shipped by Amazon or get Fast, Free Shipping with Amazon Prime & FREE Returns Add to Cart You Save: $3.00 (23%) Buy Now 10 high quality gold and silver colored jacks 2 red bouncy balls retro, vintage packaging Sold by Rocket Box and Fulfilled full set of instructions included by Amazon. reusable, portable container

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2 SETS OF METAL STEEL JACKS WITH… DISCOUNT PARTY One of these items ships sooner than the other. Show details AND NOVELTY This item: Rocket Box Jacks Game: Retro, New Vintage, Classic Game of Jacks, Gold and Silver Toned Jacks, Two… $9.99 $5.31 Neato! 41-Piece Pick-Up Sticks Game $7.00 + Free Shipping 9 House of Marbles - Tiddlywinks Traditional Games $6.51 Schylling Tiddledy Winks Board G… What other items do customers buy after viewing this item? Schylling $6.36 + Free Shipping 48 https://www.amazon.com/Rocket-Box-Jacks-Game-Instructions/dp/B01HT61U3I/ref=sr_1_3?crid=4GEP6ZH9HFJJ&keywords=rocket+box+jacks+gam… 1/7 11/5/2019 Amazon.com: Rocket Box Jacks Game: Retro, New Vintage, Classic Game of Jacks, Gold and Silver Toned Jacks, Two Red Bouncy Ball…

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A classic, high quality set of 10 jacks in vintage, retro theme. Enjoyable and fun! The game includes 2 red bouncy balls, 5 silver toned jacks, 5 gold toned jacks and a full set of instructions. The jacks are sturdy and the gold and silver coloring are an enjoyable feature that helps to set this lovely set of jacks apart from the rest. The vintage packaging closes snugly and can be used to store and carry the game about. Adults and children alike will enjoy this classic, portable game also known as onesies, knucklebones, jackstones, jackrocks and fivestones.

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Product Dimensions 3 x 3 x 2.8 inches Feedback

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Manufacturer recommended age 8 years and up

Best Sellers Rank #5,056 in Toys & Games (See Top 100 in Toys & Games) #278 in Toys & Games Activities & Amusements https://www.amazon.com/Rocket-Box-Jacks-Game-Instructions/dp/B01HT61U3I/ref=sr_1_3?crid=4GEP6ZH9HFJJ&keywords=rocket+box+jacks+gam… 2/7 11/5/2019 Amazon.com: Rocket Box Jacks Game: Retro, New Vintage, Classic Game of Jacks, Gold and Silver Toned Jacks, Two Red Bouncy Ball…

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Question: are these mini jacks or jacks that kids can actually play with? (like the old fashion size) 2 Answer: The jacks were like the old fashioned size jacks that I use to play with. My grandson was very pleased with them votes By Happygrandma on August 29, 2017 See more answers (5)

Question: Would this be appropriate for a 5-year-old whose fine motor skills are still developing, or would they cause too much frustration? 1 Answer: The jacks are smallish in this set -- my 8 year old is just getting the hang of it. If you can find a set with larger, plastic jacks, I'd go with that. vote By Lheaven on August 10, 2019 See more answers (1)

Question: Did not receive "full set of instruction" jack game. how do i receive?? 1 Answer: There is a full set of instructions on the back of another set of jacks. Just enlarge and read it there vote https://www.amazon.com/gp/product/B01CBTI4CS/ref=ox_sc_act_title_1?smid=ATVPDKIKX0DER&psc=1 By Julie N. on August 4, 2017 See more answers (2)

Question: Are the jacks metal or just plastic with paint? i’m looking for an authentic replica set. 0 Answer: votes https://www.amazon.com/Rocket-Box-Jacks-Game-Instructions/dp/B01HT61U3I/ref=sr_1_3?crid=4GEP6ZH9HFJJ&keywords=rocket+box+jacks+gam… 3/7 11/5/2019 Amazon.com: Rocket Box Jacks Game: Retro, New Vintage, Classic Game of Jacks, Gold and Silver Toned Jacks, Two Red Bouncy Ball…

The set I purchased last year was metal. They were a bit larger than the ones I had as a child but seemed to make playing easier for my grandchildren. The box is sturdy and helps keep the set together. By Patti in TX on September 29, 2019 See more answers (4)

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Customer reviews Customer images 4.7 out of 5

310 customer ratings

5 star 84% 4 star 11% 3 star 3% 2 star 1% 1 star 2% See all customer images

Read reviews that mention By feature good quality year old brings back set of jacks great quality Presentation 4.8

Giftable 4.8 highly recommend rocket box well made stocking stuffer

Value for money 4.6 gold and silver great set like the original fast shipping years ago

308 customer reviews By customer groups & interests Top Reviews Reviews

Monkeys 4.5 Amazon Customer Toys & Games 4.7 Nice jacks, horrible balls Games 4.6 November 23, 2016 Verified Purchase See more I wish I could review the jacks separately from the two balls that came with the set. The jacks are a great size and weight, and I like them a lot. They are not as shiny and smooth as the ones I had as a child, but my granddaughter Is this feature helpful? Yes No and I are having a lot of fun with them. The balls, on the other hand, are horrible. They have a strong chemical/petroleum smell that makes me sneeze and gives me a headache. My 8-year-old granddaughter also complained about the smell. I had to purchase a ball elsewhere to use with the jacks. For $10, i think the set should come with a decent, non-toxic ball. Review this product 72 people found this helpful Share your thoughts with other customers

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Linda Cross, The Art of Escape

Good Purchase October 7, 2017 Verified Purchase Nice set. Jacks (10) seem just like those of 50 years ago. Normal size and heavy. The balls (2) are also normal size, and very bouncy. Sadly, trying to play a few games in preparation for showing my granddaughter what a champion Save on hand I still am, I learned this isn't one of those skills that sticks with you. Maybe I'll get in some practice before my sanitizer granddaughter comes.

26 people found this helpful

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Ad feedback Don’t stop Selling this product August 16, 2018 Verified Purchase I like the fact that it can with two ball and the jacks was a good quality.It was real hard to fine them in other places but I like the fact that your business carry the old toy that I play with when I was a kid. I was telling a friend that my mom use to play jacks with her kids when we was younger and she was left handed and could play for a long time and never got out! He didn’t know what jacks was so I told him I would fine some and we would play. Guess what we played today 8*16*18.Thanks I will be ordering more. A very happy customer �

11 people found this helpful https://www.amazon.com/Rocket-Box-Jacks-Game-Instructions/dp/B01HT61U3I/ref=sr_1_3?crid=4GEP6ZH9HFJJ&keywords=rocket+box+jacks+gam… 4/7 11/5/2019 Amazon.com: Rocket Box Jacks Game: Retro, New Vintage, Classic Game of Jacks, Gold and Silver Toned Jacks, Two Red Bouncy Ball…

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Nikandra

The jacks are metal and sturdy. The balls are easy to handle and bounce ... July 26, 2016 Verified Purchase This is a high quality set. The jacks are metal and sturdy. The balls are easy to handle and bounce just right. As soon as my girls saw this set they wanted to try them. Jacks is such an iconic game. I think it will be around forever.

28 people found this helpful

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Tiki

Just as I remember as a kid July 8, 2017 Verified Purchase Played jacks as a kid and wanted my kids to experience this fun. The jacks are a bright gold and silver finish which is great for games that require picking up a different color. And the bright red balls have a very nice bounce which is important in a game of jacks. I would recommend these to anyone.

14 people found this helpful

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D Darkman

Good olf fashioned quality January 31, 2017 Verified Purchase Nice to find a Jacks set for my kid that's a REAL set as they were back in the 1950's or 1960's, instead of a tiny shoddy set you'd find in a 99c store.

18 people found this helpful

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nora goodloe

It’s a nice set. I would sub the ball with a golf ball. August 20, 2018 Verified Purchase Ball was a little too light. It made it hard to catch and keep it in your hand with a hand full of jacks. The weight of the jacks was good. I brought them to the cabin to introduce my grandsons to the game. They are 13, 10 & 8. They liked the jacks. They kept trying to beat me. I thought it would be a good distraction if we were stuck inside because of rain.

8 people found this helpful

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Alwaysshopping

Love my jacks July 17, 2017 Verified Purchase These are even better than the ones i had growing up. A couple of my friends are ordering their own

12 people found this helpful

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There are 308 customer reviews and 310 customer ratings.

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eBay item number: 13 Seller assumes all responsibility for this listing. Last updated on Oct 13, 2019 10:10:08 PDT View all revisions

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Condition: New: A brand-new, unused, unopened, undamaged item (including Brand: American Girl handmade items). See the seller's ... Read more Material: Plastic Collection: BeForever Doll Size: 18 in Doll Gender: Girl Doll Character: Maryellen Type: Doll Playset & Accessories Packaging: Original (Unopened) UPC: 0887961802719

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American Girl Meryellen’s Ready To Launch Rocket Set NIB Ships Free!. Condition is New. Shipped with USPS First Class Package.

Maryellen loves to learn about in science class and is over the moon when the teacher gives her an opportunity to build one! Set includes:

A model rocket box to hold the rocket and launchpad

An air pump that can be hit to launch the rocket into the air

A launchpad with three silver legs that can be hooked up to the air pump

A rocket that can really launch

A metal landing flag to mark the location of the rocket’s landing spot

A pretend bottle of model glue to build the rocket

A sticker sheet for decorating the rocket or the launchpad

A sheet of graph paper that attaches to the clipboard and a pencil to record calculations

A pair of safety glasses

A flight chart to map the rocket’s trajectory

A tape measure to track distances

Doll and School Desk sold separately.

La muñeca y el pupitre se venden por separado

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Customer Analytics is a pioneer in the field of retail analytics. With more than 25 years of experience working with retail clients, we understand business needs. We also know how to use state- of-the-art analytics techniques to turn transactional and demographic data into valuable insights for retailers, both B2C and B2B.

This experience, and the wisdom gained from it, have now been packaged to provide analytics out of the box, through our cloud- based solution ROCKIT BOX™. With ROCKIT BOX, you can get the benefits of analytics without needing to hire an army of data scientists or buying expensive BI and analytics tools.

Simply upload your customer and transaction data into ROCKIT BOX to get rich analytical insights and reports!

ROCKIT BOX is a package of predefined analytical modules across three dimensions—Store Intelligence, Market Intelligence and Customer Intelligence—to give you a 360° view of your business and operating landscape.

ROCKIT BOX will help you answer questions that you've always had, but have struggled to answer. Questions like:

What is the market potential for my products? What does my trade area look like? What is my market penetration and where should I focus my sales and marketing efforts? Who is buying/not buying? Who buys Brand X vs Brand Y? Who buys online vs instore?

Click here to see more such business questions and how ROCKITBOX helps answer them.

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You don't have to payRETAIL for hardware, software, licenses There are no onerous one-sided contracts ANALYTICS (/)While the ROCKIT BOX package provides the core analytics required by a retail business, it can easily be customized to meet the specific need of your business.

For more information or to schedule a consultation, please contact [email protected] (mailto:[email protected] )

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This has been a great month for DC Collectibles animated Batman line. We’ve been given The Riddler, Batgirl, Batman, and The Batmobile. Now, DC Collectibles are in the process of shipping the Roxy Rocket box set to stores are we are very excited with this months oerings.

Roxy Rocket is based on the episode “The Ultimate Thrill,” which had originally aired on September 14, 1998 and includes episode specic accessories. www.toyhypeusa.com/2015/10/24/dc-collectibles-the-new-batman-adventures-roxy-rocket-box-set-review/ 1/7 11/5/2019 DC Collectibles The New Batman Adventures - Roxy Rocket Box Set Review - Toy Hype USA Thank you to DC Collectibles for providing Roxy Rocket for us to review.

Availability: October 2015

Sculpt & Paint:

Roxy features a brand new sculpt with a thin, lean look as seen in the episode. She is sculpted in a ight jacket that she wore to y the rocket and steal from the citizens of Gotham. The ight jacket is painted brown with an o-white lining that also is seen around her chest. Around her waist and thigh is a loose belt with a pistol holster that cannot hold either of the included pistols. Her head sculpt is simply beautiful with a non-removable visor and helmet, and long red hair. She doesn’t have the appearance as a villain compared to other gures in the line, but considering she was shown in two episodes (also seen in : The Animated Series episode “Knight Time”), it’s great that she still gets a gure. Roxy stands at 5-1/2″ tall and also painted with brown gloves, shows, and black pants. Her ankles is loose and she is prone to falling over easily, which is why you would need the use of her gure stand.

The Rocket measures roughly 12 1/4″ long and sculpted as a long oval missile looking device. It features a jet in the back and wings, handles, a seat, buttons, and a round tip. The sculpt on this is very impressive and matches the source material very well. Included is a stand for display purposes. It also features working lights, which requires 2x 1.5 v batteries.

Articulation:

ball-jointed head, ball jointed shoulders, hinged-swivel elbows, swivel-hinged and removable wrists, waist rotation, hinged-swivel hips, hinged knees, and swivel-hinged ankles.

Accessories:

Six interchangeable hands, pistol, laser pistol, wrench, bat logo device, and a gure stand with base.

Overall:

Roxy Rocket is an excellent gure with a great sculpt and likeness to the source material. The set is well worth the $34.99 asking price and it makes a great display piece.

Highly Recommended.

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Entertainment Earth Lists The New DC Collectibles Batman: The DC Collectibles The New Batman Batman Adventures - Roxy Rocket Animated Series Harley Quinn Adventures - Robin Review Box Set In Stock Expressions Pack Review October 30, 2015 October 23, 2015 August 20, 2018

 CATEGORIES: DC UNIVERSE, TOY REVIEWS  TAGS: DC COLLECTIBLES, DC DIRECT, REVIEWS, ROXY ROCKET, THE NEW BATMAN ADVENTURES, TNBA

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 Gear up for hours of fun at the pool with the Toysmith Deluxe Set. It has everything you need to create your own targeting games to play with family and friends. This 6-piece set includes 2 short rockets, a long rocket, a launcher pump, 2 filling funnels and instructions. 

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Professional Rocket Box 3 £99.95 (incl. VAT) RRP £215.00

Epic Professional Rocket Box 3 - 37 x loud 1.3g rockets

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Full Description Reviews Gallery

This rocket box contains 37 stunning rockets of all shapes and sizes.

This is an excellent selection of rockets and is suitable for any firework display where you want top notch aerial action for less than half price.

The rocket box 3 contains the following rockets, view the video.

1 x Red Ball Head Rocket 1 x Blue Ball Head Rocket 1 x Green Ball Head Rocket 1 x Torpedo Rocket 1 x Hurricane Rocket 1 x Typhoon Rocket 21 x Mega Rockets 5 x Thunder Blast Rockets 5 x Heat Seeker Rockets

Professional Rocket Box 3 Specifications

Carton Quantity: 1 x Professional Rocket Box 3 Firework Carton Dimensions: 13.5cm x 115cm x 20cm Noise Rating: 9/10 No. of Rockets to a Carton: 37 Firework Classification: 1.3G Safety Distance: 25 Metres

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Collection: HW Art Cars

Perhaps one of the most fun of the "Blings" castings, the Rocket Box shows up here with epic grafti.

HW Art Cars note: Make sure you get the full set of HW Art Cars. There's a message on the roof of these that spells out â฀฀HW ART CARSâ฀฀ when you line them up!

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11/5/2019 RocketBox - STM CANNA a

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Abundantbun Yes, please. and No, thanks. productiveroductive https://stmcanna.com/products/rocketbox/ 1/11 11/5/2019 RocketBox - STM CANNA

The efficient RocketBox is a high volume and maximum output commercial pre-roll machine, producing over 453 pre-rolled joints in a 3 minute cycle.

iendly

om settings in the en control panel to the unload station, the x commerical pre-roll elps you make the filling and packing cones simple, and productive.

“10 Killer Technologies for 2019” – Marijuana Business Magazine

https://stmcanna.com/products/rocketbox/ 2/11 11/5/2019 RocketBox - STM CANNA

National publication, Marijuana Business Magazine, named the STM Rocketbox pre-roll machine one of the “10 Killer Technologies for 2019.” Marijuana Business Magazine writes “The RocketBox is a commercial-grade machine that can roll 453 pre- rolls in three minutes—far faster than other pre-roll machines on the market.”

I

0:00 / 0:52

EED TO MAXIMIZE PRE-ROLL JOINT RODUCTION?

HAKE THINGS UP WITH THE ROCKETBOX.

EED TO MAXIMIZE PRE-ROLL RODUCTION?

https://stmcanna.com/products/rocketbox/ 3/11 11/5/2019 RocketBox - STM CANNA

HAKETHINGSUPWITHTHEROCKETBOX.

Watch the RocketBox commercial pre-roll machine, !ll & pack 453 pre-rolled joints in 3 minutes.

I

0:00 / 1:28

ING EDGE / PREMIUM QUALITY

Trend-setting

https://stmcanna.com/products/rocketbox/ 4/11 11/5/2019 RocketBox - STM CANNA The RocketBox sets the standards in quality and durability, using commercial grade components and advanced control systems resulting in long-term, dependable usage.

Dependable

etBox is built with mind with a 3-point em in place including kout, lockout power emergency e-stop

CKETBOX: OUR INSPIRATION DERTAKE AND TRANSFORM.

CKETBOX: OUR INSPIRATION DERTAKE AND TRANSFORM.

https://stmcanna.com/products/rocketbox/ 5/11 11/5/2019 RocketBox - STM CANNA

MORE

FRIENDLY AND CLEAN BURNING O WASTE)

Resourceful

The ergonomic 4.3! logic touch screen control panel and the pneumatic leveling system produce tailor-made results for your business, that are precise and with zero waste.

ete use

ou use flower, Rosin product, or a blend, ials get used with the x to fill and pack 453 oints super fast.

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SCHEDULE A PRODUCT OVERVIEW

Rocket Box. 453 joints 3 minutes. 100% made in the USA.

EED TO MAXIMIZE PRE-ROLL JOINT RODUCTION?

HAKE THINGS UP WITH THE ROCKETBOX.

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EED TO MAXIMIZE PRE-ROLL JOINT RODUCTION? HAKE THINGS UP WITH THE ROCKETBOX.

TOMER ORIENTED

Customized for you

The RocketBox commerical pre- roll machine is well-researched technology, focused on your specific needs, that is tailor- made for the Cannabis Industry.

ou Want

omizable settings for ency of vibration and reates attention to ultimate control the quality of your

https://stmcanna.com/products/rocketbox/ 8/11 11/5/2019 RocketBox - STM CANNA

NICAL SPECIFICATIONS

1. Product Dimensions: Approx. 20L x 46H x 15W

2. SAE 304 Stainless Steel Body

3. 110v 3-Prong Power Plug

4. Customizable Touch Control Operation ed & Made in the 9. STM Upgradable System Software

Pending 10. Heavy Duty Casters mic 4.3! Capacitive 11. USB Port for Programming trol Panel 12. 12-Months Parts & Labor atic Leveling System Warranty

RocRocketBoxketBox #1 Pre-RollPre-Roll MachineMachine

The RocketBox is the #1 volume pre-roll !lling and packing machine in the world.

Contact Us

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DISCOVER HOW THE ROCKETBOX CAN OPTIMIZE YOUR PRODUCTION

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11/5/2019 Rocketbox HD250 | eBay

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eBay Consumer Electronics Radio Communication Ham, Amateur Radio Share Ham Radio Amplifiers Rocketbox HD250

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11/5/2019 RocketBox Pro 11 | Cargo Box | Yakima Racks

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RocketBox Pro 11 11 CUBIC FT. COMPACT CARGO BOX SKU: #8007193 | 10 Reviewseviews $449.00

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Ä This torpedo of a cargo box is great for multi-sport adventurers. It¯s long and skinny, leaving you plenty of room on your crossbars for other gear mounts, while This product is out of stock. Please check out one of our dealers.

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RocketBox Pro 11

PRODUCT DETAILS PRODUCT FEATURES VIDEO Long and narrow design hauls plenty and leaves room for other mounts Push button security ensures your lid is secure to its base and your gear is safe Dual-sided opening for easy access on either side of your vehicle

No assembly required Tool-free installation/removal from vehicle Fits Yakima round, square, factory and aerodynamic bars Also available in 12 and 14 cubic feet https://www.yakima.com/rocketbox-pro-11 1/5 11/5/2019 RocketBox Pro 11 | Cargo Box | Yakima Racks

Hauls gear for up to 2 travelers; fits snowboards and skis up to 210cm Matte-black textured finish SKS Locks included Minimum and maximum crossbar spreads: 24˚ ı 40˚ Yakima cannot ship the RocketBox Pro 11 to Alaska or Hawaii ı please contact a local dealer.

PRODUCT SPECS Weight: 38.00 lbs Dimensions: L 89.00in x W 24.00in x H 16.00in Limited Lifetime Warranty

Reviews Write a Review

COMPLEXITY VS. KEEP IT SIMPLE PLEASE REVIEW BY CURTIS POSTED ON DECEMBER 27, 2018

Sometimes making devices more flexible in their use to broaden appeal only adds to their complexity and reduces the original intent; I'm afraid the RocketBox Pro 11 now fits into this category. My family has used Yakima products since the 1980's. I'm looking out my window at two older Rocket boxes o...read more

GREAT BOX, UNLESS YOU LIVE IN WYOMING REVIEW BY ELIZABETH POSTED ON APRIL 7, 2018

This box went without flaw for the past two years. Perfect for throwing lots of gear into.

https://www.yakima.com/rocketbox-pro-11 2/5 11/5/2019 RocketBox Pro 11 | Cargo Box | Yakima Racks However, Wyoming winds win this one. Roofbox slammed sideways (so that it was diagonal across my roof) while driving on the highway. Everything was tightened the way it should have been and the...read more

GREAT ENTRY LEVEL ROOFBOX REVIEW BY ROSCO POSTED ON JANUARY 8, 2018

I've owned the Rocketbox pro 11 since fall of 2016, and it's served me well, doing exactly what I was looking for it to - get skis and boards out of my car (subaru impreza) in the winter while still being protected, and extra storage for road trips in the summer. It's not a super sturdy construction...read more

LONG TIME USER REVIEW BY STEVEL POSTED ON JULY 26, 2017

We've owned a rocketbox 11 for about 15 years - first mounted on a 1999 Honda Odyssey with Yakima crossbars. Worked great when we need extra capacity when all seats were utilized. We now have a 2017 RAV4 with factory crossbars. We are a little worried about the 100 lb. weight limit of the Toyota ...read more

XC SKIING AND RB 11 REVIEW BY DENNIS POSTED ON JANUARY 22, 2017

This is a wonderful carrier for ski enthusiasts (for example). I had a first generation rocket box which lasted almost 20 years. It would have probably lasted much longer had I not left it on top of my car through several hot summers. Improvements over the first gen are numerous: 1) quick instal...read more

GREAT! MORE REAR CLEARANCE (FOR HATCHES) REVIEW BY PETER POSTED ON MAY 18, 2015

I wanted a small box to supplement carrying capacity on a subaru outback (2006), and it had to be long to fit my 190cm skis in the winter. I originally bought the thule model as it's a not as tall and looks a bit slimmer, but the rear hatch wouldn't clear/fully open even with my cross bars (yakima) ...read more

https://www.yakima.com/rocketbox-pro-11 3/5 11/5/2019 RocketBox Pro 11 | Cargo Box | Yakima Racks

WORKING WELL REVIEW BY DAN POSTED ON MAY 18, 2015

The product has worked well, but I had difficulty getting it assembled. Be sure to look ahead at instructions so you know where all the parts go.

VERY SMALL INTERIOR! REVIEW BY JAY POSTED ON MAY 18, 2015

Don't be fooled by the listed (exterior) measurements. The dual-opening scissor lifts on the inside ends, the inside side-bars that operate the three-latches from the central lock, and the overall shape of the box all make usable interior space very, very limited for a box this "size." ...read more

DOES NOT FIT ALL FACTORY BARS REVIEW BY AARON POSTED ON MAY 18, 2015

Not particularly pleased with this product. Does not fit standard VW crossbars, as it claims to; did not unlock without applying an unreasonable amount of force; bottom molded features of box damaged in handling.

Not impressed.

BUT it does look sexy, albeit not on my ca...read more

17 FT SEA KAYAK AND A BOX TOO--YES!! REVIEW BY JENNY POSTED ON MAY 18, 2015

It was easy to to set up and install. The sliders were very stiff but I assume that was to keep water out. On one side, the lid has to be held down before the box can be locked or before the button can be pushed in to lock the box. I will use it this summer for camping and next winter for skiing--sh...read more

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You're reviewing: ROCKETBOX PRO 11 Need help or have a question? Click here for Yakima Support https://www.yakima.com/rocketbox-pro-11 4/5 11/5/2019 RocketBox Pro 11 | Cargo Box | Yakima Racks

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https://www.yakima.com/rocketbox-pro-11 5/5 Exhibit N 11/5/2019 Rocketbox Single Watch Burgundy Finish Winder | eBay

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Back to search results | Listed in category: Jewelry & Watches > Watches, Parts & Accessories > Boxes, Cases & Watch Winders

Rocketbox Single Watch Burgundy Finish Winder Shop with confidence eBay Money Back Gua Condition: New with tags Get the item you ordered money back. Learn more Quantity: 1 More than 10 available

Price: US $164.49 Buy It Now

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Shipping: FREE Standard Shipping | See details Item location: US, United States Ships to: United States See exclusions

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eBay item number: 30 Seller assumes all responsibility for this listing. Last updated on Oct 02, 2019 15:02:53 PDT View all revisions

Item specifics

Condition: New with tags: A brand-new, unused, unopened, undamaged item in its Brand: RocketBox original packaging (where packaging is ... Read more Type: Other MPN: Does not Apply Model: RocketBox UPC: Does not apply

Overstock Visit Store: O overstock (534515 ) 98.2%

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https://www.ebay.com/itm/Rocketbox-Single-Watch-Burgundy-Finish-Winder/303291137752?hash=item469d8f7ed8:g:jxgAAOSwSVhdhHjh 1/2 11/5/2019 Rocketbox Single Watch Burgundy Finish Winder | eBay

Home & Garden Rocketbox Single Watch Burgundy Finis Product Description: Keep your automatic watch at full power while protecting it in this convenient wat Jewelry & Watches A watch winder maintains the automatic (self-winding) watch's power level during approximately five turns per minute as recommended by watch manufacturers. It Crafts adapter and is suitable for all brands of automatic watches.

The box also serves as a beautiful dresser accessory. The box itself is crafted in polished mahogany finish. A viewing window displays the watch which can be st rubber feet protect the dresser or desk top. The watch winder stands 6.25 inches inches deep.

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*All retailers not collecting sales tax from purchasers in Colorado, Kentucky, Louisiana, Oklahoma, Rhode Island, South Dakota, Vermont, and notice: Although we, as the seller, are not obligated to collect sales tax in your state, this purchase is subject to sales tax unless it is specifical exempt merely because it is made over the internet or by other remote means. Your state requires that you file a tax return at the end of the ye not taxed and pay tax on those purchases. Retailers that do not collect Colorado, Louisiana, Oklahoma, Rhode Island, Vermont, or Washingto you an end-of-year summary of your purchases to assist you in filing that report. You may contact your state’s Department of Revenue for deta in Colorado, Louisiana, Vermont, and Washington please note that we are required by law to provide your state with a report of the total amou the year.

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Surplus Rocket Box - 20mm Ammo Can 5 | Q&A Item: 73051.01 | Product Details »

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Details Specs Reviews Q & A

Product Details Rocket Boxes make great dry storage containers. Your ECO-Safe Toilet Tank fits snugly in the Rocket Box. The Seat Assembly also fits in one, with room for other toilet accessories. These boxes are used, military surplus and vary in their condition.

Rocket Boxes are also referred to as "20-mm ammo cans or box".

These are extremely rugged, steel construction, military-spec containers. The lid has a rubber gasket for a watertight seal. Lever lock clamps on the ends of the lid cinch it shut.

https://www.nrs.com/product/2729.2/surplus-rocket-box-20mm-ammo-can 1/5 11/5/2019 Surplus Rocket Box - 20mm Ammo Can at nrs.com Two sturdy folding handles make for easy carrying.

External dimensions are 14.5" x 19" x 8". Internal volume is 1870 cubic inches, 8.1 gallons.

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Specs

Material: Steel Dimensions: External dimensions - 14.5" x 19" x 8" Weight: 19.8 lbs Internal volume - 1870 cubic inches, 8.1 gallons Gasket in lid Lever lock lid clamps Two folding handles

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Reviews

Review Snapshot by PowerReviews

of respondents would 4.6 5 Reviews Write a Review 100% recommend this to a friend

Ratings Distribution Pros Cons

5 Stars 3 https://www.nrs.com/product/2729.2/surplus-rocket-box-20mm-ammo-can 2/5 11/5/2019 Surplus Rocket Box - 20mm Ammo Can at nrs.com

5 Durable 1 Heavy / Bulky 4 Stars 2 3 Easy to clean 3 Stars 0 2 Easy To Set Up 2 Stars 0 1 Tight seal 1 Star 0

Best Uses 2 Camping 1 Great trailer storage 1 River trips

Reviewed by 5 customers Most Recent

5 I'm mounting these on my trailer.

Comments about Surplus Rocket Box - 20mm Ammo Can Submitted 9 years ago Storage for my anchor, electric pump and life vest. By Bill From Estes Park, Co. More Details Verified Buyer

Bottom Line Yes, I would recommend to a friend

Was this review helpful to you? 0 0 Flag this review

4 Great multi purpose box

Comments about Surplus Rocket Box - 20mm Ammo Can Submitted 9 years ago Great for storing all sorts of gear on multi day river trips. Turn it into a med kit,By yourJ.P Fresh tasty beverage storage box or even a groover! Nice to have to help keep gearFrom in Taos, NM order if you have the room. Can be cumbersome and it will take up space. Verified Buyer

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Bottom Line Yes, I would recommend to a friend

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5 Better than surplus stores

Comments about Surplus Rocket Box - 20mm Ammo Can Submitted 9 years ago By RiverRatToo https://www.nrs.com/product/2729.2/surplus-rocket-box-20mm-ammo-can 3/5 11/5/2019 Surplus Rocket Box - 20mm Ammo Can at nrs.com Still the easiest and least expensive groover. Plus, no refurbishing needed unlikeFrom Tucson, AZ buying from surplus stores. Verified Buyer

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Bottom Line Yes, I would recommend to a friend

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4 Great box/great price

Comments about Surplus Rocket Box - 20mm Ammo Can Submitted 9 years ago Box sold as "used" condition. It was like new when I got it! Good price for theBy box. "Wanna float?" Slim [...]Very pleased with this transaction! From Ferrum,VA Verified Buyer More Details

Bottom Line Yes, I would recommend to a friend

Was this review helpful to you? 0 0 Flag this review

5 Rockin' Rocket Box

Comments about Surplus Rocket Box - 20mm Ammo Can Submitted 9 years ago I use the Rocket Box for expedition rafting and canoe trips. It's a great dry boxBy Giantto Kid keep First Aid, Radio and other supplies that need to be protected from waterFrom and Carson City, NV abuse. I plan to buy a few more to use as bear resistant food containers. Verified Buyer

More Details

Ready for some Giant Kid fun Dutch Oven Goodness

Bottom Line Yes, I would recommend to a friend

Was this review helpful to you? 0 0 Flag this review

Displaying Reviews 1-5 Back to Top https://www.nrs.com/product/2729.2/surplus-rocket-box-20mm-ammo-can 4/5 11/5/2019 Surplus Rocket Box - 20mm Ammo Can at nrs.com

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Wildlife and Heritage Service WHS Home Page Get Involved Licenses and Permits Wildlife Problems? Maryland's Wildlife Species Game Mammals Game Birds Wildlife Crime Stoppers Proposed Wildlife Regulations Hunting and Trapping Universal Disability Pass Contact Us Bat Box: Two-Chamber Rocket Box Plans

Construction Plans for Two-Chamber Rocket Box*

Rocket boxes are designed to fit over a wooden 4 x 4-inch post, which serves as both the landing area and roosting surface. The section of post that fits inside the rocket box must not be chemically treated. An untreated, 16-foot or longer rough-cut post is recommended.

Two-chamber rocket boxes are simple to build, as they consist of two hollow boxes put together, one inside the other. The outer shell should be at least three feet tall, and the inner shell should be six inches longer than the outer shell. The exact heights are not important, but these minimum dimensions should be followed. You might consider making a taller box for additional roosting space and temperature diversity.

https://dnr.maryland.gov/wildlife/Pages/plants_wildlife/bats/battwocham.aspx 1/5 11/5/2019 Two-Chamber Rocket Box Plans For this set of plans, the outer shell will be 3 feet tall, and the inner shell will be 3 ½ feet tall. Measure the outside dimensions of the 4 x 4-inch post before starting, as this will determine the other dimensions of the box.

Typically, the finished size of 4 x 4-inch posts is 3 ½ x 3 ½ inches, but not always. Although ½ - inch thick or thicker exterior plywood is acceptable, these plans specify 1-inch stock lumber (3/4-inch finished size) such as poplar, cedar, or pine.

Because maintaining 3/4-inch spacing is critical for the roosting chambers, you will need to adjust all dimensions accordingly if 3/4-inch finished size lumber is not used.

Materials List

4 x 4-inch post (3 ½ x 3 ½ inch finished size), either 4-foot section (if used in combination with metal pole), or a 16- or 20-foot untreated post 1 5/8- to 2-inch outside diameter metal pole (optional) 1 x 10-inch x 8-foot board (3/4 x 9 ½-inch finished), rough-cut cedar or poplar is best. Cut into two 9 ½ x 38-inch pieces, one 8 x 8-inch piece, and one 9 ½ x 11-inch piece. 1 x 10-inch x 8-foot board (3/4 x 9 ½-inch finished), rough-cut cedar or poplar is best. Cut into one 8 x 36-inch piece and one 8 x 38-inch piece. 1 x 8-inch x 8-foot board (3/4 x 7 ½-inch finished), rough-cut cedar or poplar is best. Cut into two 6 ½ x 42-inch pieces. Use leftover piece for 16 total, 1 ½-inch round spacer blocks. 1 x 6-inch x 8-foot board (3/4 x 5 ½-inch finished size), rough-cut cedar or poplar is best. Cut into two 5 x 42-inch pieces. 1 box: 1 5/8-inch coated (exterior grade, corrosion resistant) deck screws 1/8 box: 2-inch coated (exterior grade, corrosion resistant) deck screws 1/8 box: 2 ½-inch coated (exterior grade, corrosion resistant) deck screws tar paper and/or asphalt shingle for outer roof and 3/4-inch roofing nails 1 quart exterior grade, flat latex paint or water-based stain, appropriate color for your climate and sun exposure 1 tube paintable caulk 1/4-inch plastic mesh [such as Internet Product XV-1670, 1-800-328-8456] (optional) and exterior grade staples 3 ½-inch screws or bolts to attach 4 x 4 post o metal pole (optional)

Recommended Tools

circular saw or table saw drill with #2 Phillips screwdriver bit 1/8-inch drill bit 1 ½-inch hole saw jig saw caulk gun tape measure combination square rasp, wood file, sandpaper, or sande wood chisel (optional)

Construction

https://dnr.maryland.gov/wildlife/Pages/plants_wildlife/bats/battwocham.aspx 2/5 11/5/2019 Two-Chamber Rocket Box Plans 1. Measure and cut the boards for the inner shell. If your post is exactly 3 ½ x 3 ½ inches, cut two boards from 1-inch lumber (3/4-inch finished size), 5 inches wide by 42 inches long and two boards 6 ½ inches wide by 42 inches long. Roughen both sides of each board (or the smooth side if rough-sawn wood is used) with horizontal scratches or grooves (running side to side, NOT top to bottom), spaced 1/4 inch apart. 2. Using a 1 ½-inch hole saw and drill, or jig saw, cut a hole (for bat passage between chambers), centered, about 16 inches from one end, in all four boards. Save the four cut-out pieces for spacer blocks. Smooth the edges of the hole to remove any splinters. 3. Cut 12 additional spacer blocks from 3/4-inch finished lumber with a 1 ½-inch hole saw. Drill a 1/8-inch hole through the center of each spacer block, which will help prevent splitting and will aid in placing the spacers. Smooth any rough edges on the spacers. 4. To each inner shell board, two spacer blocks will be attached using 2 ½-inch, coated deck screws (one screw per spacer). First, center the screws, one about ten inches from each end. Drive each screw until it just protrudes slightly through the board. Using the pre-drilled hole in each block, fit the spacer blocks over the screw tips. While holding the block in place, drive the screw until it protrudes just through the block. Do not drive the screws any farther. Save the remaining 8 spacer blocks for the outer shell. 5. Using 1 5/8-inch coated deck screws and caulk, assemble the four inner shell boards into a hollow box as shown in Figure 2. The 5-inch boards will fit against the inside face of the 6 ½- inch boards, so that the hollow box is square. Spacers will face inwards. 6. Slide the inner shell onto the 4 x 4 post. The bat passage holes will be towards the bottom. Position the top of the post and the top of the inner shell so they are flush. Secure the inner shell to the post by driving in all eight screws through the spacer blocks. 7. Measure and cut the boards for the outer shell. If the post you have selected is exactly 3½ x 3½ inches, then cut one board 8 inches wide by 36 inches long (front), one board 8 inches wide by 38 inches long (back), and two boards 9 ½ inches wide by 38 inches long (sides) from 3/4-inch finished lumber. On both 9 ½ x 38-inch side pieces, make a mark on one edge 1 1/4 inches from the top. Draw a line from this mark to the top corner on the opposite edge and cut off this small piece (if rough-sided wood is used, make sure rough side will face inwards when assembled).

The sides will now be 36 3/4 inches tall on the front side and 38 inches tall on the back side. Bevel the top edge of the backboard 10 degrees to ensure a snug fit for the roof. Roughen all interior surfaces if necessary with horizontal scratches or grooves spaced 1/4 inch apart, or attach 1/4-inch plastic mesh with exterior grade staples to the inner side.

8. Using a jig saw, cut a ½-inch tall by 7-inch wide slot (centered, from side to side) in one of the 9 ½-inch wide boards, about 12 inches from one end. Repeat for the other 9 ½-inch wide board. Smooth any rough edges. 9. To all outer shell boards, attach two spacer blocks, one near each end. Center the blocks, about eight inches from the end. Repeat as in step 5 using 2-inch coated deck screws (do not drive the screws all the way in). 10. Using 1 5/8-inch coated deck screws and caulk, assemble the four outer shell boards into a hollow box (see Figure 1 and Figure 2). The 9 ½-inch boards will be the sides (facing east and west), and the 8-inch wide boards will be the front and back.

Fig. 2 - Bottom View Fig. 1 - Exterior Cutaway View https://dnr.maryland.gov/wildlife/Pages/plants_wildlife/bats/battwocham.aspx 3/5 11/5/2019 Two-Chamber Rocket Box Plans

Note: All boards and spacers are 3/4 inch thick.

* Plans Courtesy of: Bat Conservation International P0 Box 162603 Austin, TX 78716 (512) 327-9721

Illustrations Courtesy of: Michael Poirier - Artist and the Canadian Wildlife Federation

11. Slide the finished outer shell over the inner shell, such that six inches of the inner shell protrude below the outer shell. Secure the outer shell to the inner shell by driving in all eight screws through the spacer blocks. 12. To make the inner roof, cut an 8 by 8-inch piece of 1-inch lumber (3/4-inch finished size). Caulk all edges and attach the inner roof to the box with 1 5/8-inch coated deck screws. Carefully drive the screws into the top of the 4 x 4 post only. This will prevent screws from straying into the roosting chambers. 13. Cut a 9 ½ 11-inch piece (from l x 10 inch lumber) for the outer roof. A wider roof (11 x 13 inches) can be used if you have the wood available. Longer overhangs can be used in warm climates. Caulking first, attach the outer roof to the box with 1 5/8-inch coated deck screws. 14. Paint the exterior at least twice with a flat, exterior grade, latex paint or water-based stain. Cover the roof with tar paper and/or asphalt shingles for longer life and higher temperature diversity. Attach with 3/4-inch roofing nails, and seal each nail head with caulk or roof cement. 15. Install bat house in an open, sunny area, near an unobstructed permanent water source such as a pond, lake, river, or stream. We suggest orienting the bat house so the vents face east and west [See Bat Box Location Recommendations]. Please report results to Bat Conservation International in the fall to help us evaluate this design. See address below.

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