Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA1099150 Filing date: 12/02/2020

IN THE PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Notice of Opposition

Notice is hereby given that the following party opposes registration of the indicated application. Opposer Information

Name Redbox Automated Retail, LLC Granted to Date 12/02/2020 of previous ex- tension Address ONE TOWER LANE, SUITE 900 OAKBROOK TERRACE, IL 60181 UNITED STATES

Attorney informa- JAMES P. MURAFF tion MCDONALD HOPKINS LLC 300 NORTH LASALLE STREET SUITE 1400 CHICAGO, IL 60654 UNITED STATES Primary Email: [email protected] Secondary Email(s): [email protected] 3126421480

Docket Number 49021-00085 Applicant Information

Application No. 88910121 Publication date 08/04/2020 Opposition Filing 12/02/2020 Opposition Peri- 12/02/2020 Date od Ends Applicant Box, Inc. 900 JEFFERSON AVE. REDWOOD CITY, CA 94063 UNITED STATES Goods/Services Affected by Opposition

Class 009. First Use: 2005/01/01 First Use In Commerce: 2005/01/01 All goods and services in the class are opposed, namely: Downloadable computer software for en- abling users to convert native document file formats to web-based file format for embedding conver- ted documents in web applications and to enable users to access,upload, download, create, view, edit, print, store, exchange, publish, distribute, transfer, secure, share, transmit, control access to and manage those documents collaboratively on line and offline,for tracking changes and modifications to software and for managing software development projects; downloadable computer software for use as a tool for automating, personalizing, designing and updating web sites, website templates, web site graphics, text and animation for a global computer network, internal and external computer net- works, and local and wide area computer networks; downloadable computer software and computer software applications for use on electronic devices and over global, mobile, and local computer net- works to access, upload, download, create, view, edit, print, store, exchange, publish, distribute, transfer, secure, share, transmit, control access to and manage digital media and information, data, documents, files, text, graphics, images, photographs, and electronic messages; Downloadable com- puter softwareto provide content, mobile application,mobile device, desktop computer and desktop application management; Downloadable computer software for enabling users to upload and store files to computer storages in the cloud and enable users to access, upload, download, create, view, edit, print, store, exchange, publish, distribute, transfer, secure, share, transmit, control access to and manage those documents collaboratively on line and offline Class 042. First Use: 2005/01/01 First Use In Commerce: 2005/01/01 All goods and services in the class are opposed, namely: Providing on-line non-downloadable soft- ware for enabling users to convert native document file formats to web-based file format for embed- ding converted documents in web applications and to enable users to access, upload, download, cre- ate, view, edit, print, store, exchange, publish, distribute, transfer, secure, share, transmit, control ac- cess to and managethose documents collaboratively on lineand offline, for tracking changes and modifications to software and for managing software development projects; Providing on-line non- downloadable software forautomating, personalizing, designing and updating web sites, website tem- plates,web site graphics, text and animation for a global computer network, internal and external computer networks, and localand wide area computer networks; Providing on-line non-downloadable software for use on electronic devices and over global, mobile, and local computer networksto ac- cess, upload, download, create, view, edit, print, store, exchange, publish, distribute, transfer, secure, share, transmit, control access to and manage digital media and information, data, documents, files, text, graphics, images, photographs, and electronic messages; Providing on-line non-downloadable computer software to provide content, mobile application, mobile device, desktop computerand desktop application management; Providing on-line non-downloadable softwarefor enabling users to upload and store files to computer storages in the cloud and enable users to access, upload, down- load, create, view, edit, print, store, exchange, publish, distribute, transfer,secure, share, transmit, control accessto and manage those documents collaboratively on line and offline Grounds for Opposition

Priority and likelihood of confusion Trademark Act Section 2(d) Marks Cited by Opposer as Basis for Opposition

U.S. Application 88472715 Application Date 06/13/2019 No. Registration Date NONE Foreign Priority NONE Date Word Mark REDBOX EXCLUSIVE Design Mark Description of NONE Mark Goods/Services Class 007. First use: First Use: 0 First Use In Commerce: 0 Vending machines Class 009. First use: First Use: 0 First Use In Commerce: 0 Downloadable computer application software for mobile phones, portable media players, and handheld computers, namely, software for viewing and renting en- tertainment content in the nature of movies and television programs and for re- serving entertainment content in the nature of video games, movies and televi- sion programs at a vending machine Class 035. First use: First Use: 0 First Use In Commerce: 0 Providing vending machines featuring video games, movies, and television pro- grams; Providing automated retail vending machine kiosks featuring movies, television programs, and video games; Providing vending machine services rendered through automated kiosks featuring movies, television programs, and video games; Providing automated retail vending machine kiosk services featur- ing DVDs, movies, prerecorded electronic media featuring entertainment con- tent, and video games for purchase; online retail store services featuring DVDs, movies, prerecorded electronic media featuring entertainment content, and video games for purchase; computerized online retail store services featuring pre-recorded videos; distributorship services in the field of entertainment content in the nature of DVDs, movies,video games, and digital content and pre-re- corded media featuring entertainmentcontent Class 038. First use: First Use: 0 First Use In Commerce: 0 Video-on-demand transmission services, video broadcasting, and transmission of voice, data, images, data signals, messages and information by electronic communications networks Class 041. First use: First Use: 0 First Use In Commerce: 0 Rental of video recordings by means of communications networks; providing in- formation in the field of entertainment by means of communications networks; rentalof DVDs, video discs, video games, movies and prerecorded electronic media featuring entertainment content; Production,presentation, and rental of films, motion pictures, television and radio programs, sound and video record- ings, via all types of media, including, inter alia, television, cable and satellite television, Internet, and electronic display devices; production, presentation, and rental of images, video games, excerpts, and video and sound recordings via all typesof media, including, inter alia, television, cable and satellite television, In- ternet, and electronic display devices; production of entertainment television and audio-visual shows and interactive television and audio-visual programs for dis- tribution via television, cable, satellite, audio and video media, the Internet, elec- tronic display devices, laser discs, computer discs, and electronic media; pro- duction of audio-visual entertainment content, television and audio-visual news shows, and television and audio-visual shows featuring information for perform- ance and presentation in the field ofmotion pictures, television programs, docu- mentaries, television series, learning programs, comedy shows, sports shows, news programs, political shows, special events, talk shows, weather shows, and entertainment content via and to all types of media, including, inter alia, televi- sion, cable and satellite television, Internet, electronic display devices, andcom- puter and communication networks; production and recording of films, motion pictures, and shows; provision of information relating to lists of television, cable, and broadcasting programs; gaming services in the nature of providing online video games via the Internet and computer networks; none of the aforesaid be- ing for gambling purposes Class 042. First use: First Use: 0 First Use In Commerce: 0 Computerized online search service in the field of entertainment, namely, provid- ing a search engine for obtaining entertainment information on a global com- puter network

U.S. Registration 5857987 Application Date 07/28/2017 No. Registration Date 09/10/2019 Foreign Priority NONE Date Word Mark REDBOX. Design Mark Description of The mark consists of the word "redbox" in red with a purple period. Mark Goods/Services Class 007. First use: First Use: 2018/02/19 First Use In Commerce: 2018/02/19 Vending machines Class 009. First use: First Use: 2018/08/17 First Use In Commerce: 2018/08/17 Computer application software for mobile phones, portable media players, and handheld computers, namely, software for viewing and renting entertainment contentin the nature of movies and television programs and for reserving enter- tainmentcontent in the nature of video games, movies and television programs at a vending machine Class 035. First use: First Use: 2018/02/19 First Use In Commerce: 2018/02/19 Vending machine services; automated retail vending machine kiosks featuring movies and video games; vending machine services rendered through auto- mated kiosks featuring movies and video games; automated retail vending ma- chine kiosk services featuring DVDs, movies, prerecorded electronic media fea- turing entertainment content, and video games for purchase; online retail store services featuring DVDs, movies, prerecorded electronic media featuring enter- tainment content, and video games for purchase; computerized online retail store services featuring pre-recorded videos; distributorship servicesin the field of entertainment content in the nature of DVDs, movies, video games, and digit- al content and pre-recorded media featuring entertainment content Class 038. First use: First Use: 2018/08/17 First Use In Commerce: 2018/08/17 Video-on-demand transmission services, video broadcasting, transmission of voice, data, images, data signals, messages and information by electronic com- munications networks Class 041. First use: First Use: 2018/08/17 First Use In Commerce: 2018/08/17 Rental of video recordings by means of communications networks; providing in- formation in the field of entertainment by means of communications networks; rentalof DVDs, video discs, video games, movies and prerecorded electronic media featuring entertainment content Class 042. First use: First Use: 2018/08/17 First Use In Commerce: 2018/08/17 Computerized online search service in the field of entertainment, namely, provid- ing a search engine for obtaining entertainment information on a global com- puter network

U.S. Registration 4418939 Application Date 01/28/2011 No. Registration Date 10/15/2013 Foreign Priority NONE Date Word Mark REDBOX Design Mark Description of The mark consists of the word "redbox" with an arc over the word. Mark Goods/Services Class 035. First use: First Use: 2003/03/31 First Use In Commerce: 2003/03/31 Distributorship services in the field of video games, DVD's featuring movies, on- line retail store services featuring pre-recorded videos featuring entertainment in the nature of movies, motion picture films, television programs, Automated retail services, namely, providing retail facilities featuring automated retail vending machines featuring entertainmentcontent, media, DVDs, movies and video games, for purchase and rental Class 038. First use: First Use: 2013/01/00 First Use In Commerce: 2013/01/00 Video-on-demand transmission services, video broadcasting, transmission of voice, data, images, data signals, messages and information by electronic com- munications networks Class 041. First use: First Use: 2003/03/31 First Use In Commerce: 2003/03/31 Rental of video recordings by means of communications networks, and provid- ing information in the field of entertainmentby means of communications net- works; providing facilities for DVD, movie, and video game rental

U.S. Registration 4418938 Application Date 01/28/2011 No. Registration Date 10/15/2013 Foreign Priority NONE Date Word Mark REDBOX Design Mark Description of NONE Mark Goods/Services Class 035. First use: First Use: 2003/03/31 First Use In Commerce: 2003/03/31 Distributorship services in the field of video games, DVD's featuring movies, on- line retail store services featuring pre-recorded videos featuring entertainment in the nature of movies, motion picture films, television programs, Automated retail services, namely, providing retail facilities featuring automated retail vending machines featuring entertainmentcontent, media, DVDs, movies and video games, for purchase and rental Class 038. First use: First Use: 2013/01/00 First Use In Commerce: 2013/01/00 Video-on-demand transmission services, video broadcasting, transmission of voice, data, images, data signals, messages and information by electronic com- munications networks Class 041. First use: First Use: 2003/03/31 First Use In Commerce: 2003/03/31 Rental of video recordings by means of communications networks, and provid- ing information in the field of entertainmentby means of communications net- works; providing facilities for DVD, movie, and video game rental

U.S. Registration 4988910 Application Date 10/03/2012 No. Registration Date 06/28/2016 Foreign Priority NONE Date Word Mark REDBOX Design Mark Description of NONE Mark Goods/Services Class 041. First use: First Use: 2005/06/17 First Use In Commerce: 2005/06/17 Providing information in the field of entertainment via an interactive global com- puter network, networked kiosks, computers, mobile devices, game consoles, app-enabled TVs, and/or optical and magneto-optical disc players Class 042. First use: First Use: 2005/06/17 First Use In Commerce: 2005/06/17 Computerized online search service in the field of entertainment, namely, provid- ing a search engine for obtaining entertainment information on a global com- puter network

U.S. Registration 4672047 Application Date 05/19/2011 No. Registration Date 01/13/2015 Foreign Priority NONE Date Word Mark REDBOX.COM Design Mark Description of NONE Mark Goods/Services Class 009. First use: First Use: 2009/00/00 First Use In Commerce: 2009/00/00 Vending Machines Class 035. First use: First Use: 2009/00/00 First Use In Commerce: 2009/00/00 Vending machine services; automated retail vending machine kiosks featuring movies and video games; vending machine services rendered through auto- mated kiosks featuring movies and video games; automated retail vending ma- chine kiosk services featuring DVDs, movies, prerecorded electronic media fea- turing entertainment content, and video games for purchase; online retail store services featuring DVDs, movies, prerecorded electronic media featuring enter- tainment content, and video games for purchase; computerized online retail store services featuring pre-recorded videos; distributorship servicesin the field of entertainment content in the nature of DVDs, movies, video games, and digit- al content and pre-recorded media featuring entertainment content Class 041. First use: First Use: 2009/00/00 First Use In Commerce: 2009/00/00 Rental of video recordings by means of communications networks; providing in- formation in the field of entertainment by means of communications networks; rentalof DVDs, video discs, video games, movies and prerecorded electronic media featuring entertainment content

Attachments 9252916.pdf(51702 bytes ) 9251515.pdf(1194228 bytes ) 9251520.pdf(426516 bytes ) 9251526.pdf(1299577 bytes ) 9251539.pdf(768497 bytes )

Signature /JAMES P. MURAFF/ Name JAMES P. MURAFF Date 12/02/2020 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

In the Matter of Application No. 88/910121 ) ) Mark: BOX ) ) REDBOX AUTOMATED RETAIL, LLC ) ) Opposer, ) OPPOSITION NO. v. ) ) BOX, INC. ) ) Applicant. ) )

NOTICE OF OPPOSITION

This Notice of Opposition is submitted in the matter of Application Serial No. 88/910121

(the “Subject Application”), by which Box, Inc. (“Applicant”), seeks to register the trademark

BOX based on a 15 U.S.C. § 1051(a) filing in connection with the following goods and services:

• “Downloadable computer software for enabling users to convert native document file formats to web-based file format for embedding converted documents in web applications and to enable users to access, upload, download, create, view, edit, print, store, exchange, publish, distribute, transfer, secure, share, transmit, control access to and manage those documents collaboratively on line and offline, for tracking changes and modifications to software and for managing software development projects; downloadable computer software for use as a tool for automating, personalizing, designing and updating web sites, website templates, web site graphics, text and animation for a global computer network, internal and external computer networks, and local and wide area computer networks; downloadable computer software and computer software applications for use on electronic devices and over global, mobile, and local computer networks to access, upload, download, create, view, edit, print, store, exchange, publish, distribute, transfer, secure, share, transmit, control access to and manage digital media and information, data, documents, files, text, graphics, images, photographs, and electronic messages; Downloadable computer software to provide content, mobile application, mobile device, desktop computer and desktop application management; Downloadable computer software for enabling users to upload and store files to computer storages in the cloud and

{9248353:3 } enable users to access, upload, download, create, view, edit, print, store, exchange, publish, distribute, transfer, secure, share, transmit, control access to and manage those documents collaboratively on line and offline,” in International Class 9.

• “Providing on-line chat rooms and electronic bulletin boards for transmission of messages among users in the fields of business, technology, cloud computing, enterprise software development, online collaboration and file sharing,” in International Class 38.

• “Providing on-line non-downloadable software for enabling users to convert native document file formats to web-based file format for embedding converted documents in web applications and to enable users to access, upload, download, create, view, edit, print, store, exchange, publish, distribute, transfer, secure, share, transmit, control access to and manage those documents collaboratively on line and offline, for tracking changes and modifications to software and for managing software development projects; Providing on-line non-downloadable software for automating, personalizing, designing and updating web sites, website templates, web site graphics, text and animation for a global computer network, internal and external computer networks, and local and wide area computer networks; Providing on-line non-downloadable software for use on electronic devices and over global, mobile, and local computer networks to access, upload, download, create, view, edit, print, store, exchange, publish, distribute, transfer, secure, share, transmit, control access to and manage digital media and information, data, documents, files, text, graphics, images, photographs, and electronic messages; Providing on-line non-downloadable computer software to provide content, mobile application, mobile device, desktop computer and desktop application management; Providing on-line non-downloadable software for enabling users to upload and store files to computer storages in the cloud and enable users to access, upload, download, create, view, edit, print, store, exchange, publish, distribute, transfer, secure, share, transmit, control access to and manage those documents collaboratively on line and offline,” in International Class 42.

Redbox Automated Retail, LLC, a Delaware Limited Liability Company having a place of business at One Tower Lane, Oakbrook Terrace, Illinois 60181 (“Redbox”), believes that it would be damaged by the registration of portions of the Subject

Application and therefore opposes portions thereof, as set forth below. The following sets forth Redbox’s grounds for the present Opposition:

{9248353:3 } 1. Redbox is one of the top entertainment content distribution companies in the

United States, and the premier provider of kiosk-based DVD and video game rentals and sales.

Redbox has distributed more than six billion (6,000,000,000) movies and games online and

through over 41,000 kiosk locations nationwide.

2. For many years, Redbox has provided video-on-demand transmission services,

video broadcasting, and transmission of voice, data, images, data signals, messages and

information by electronic communications networks, among other services (“Redbox Services”),

under and in connection with its REDBOX trademark and trade name, establishing both common

law rights as well as rights under the Lanham Act. Redbox has devoted significant resources,

time and effort to marketing and promoting its Redbox Services under the REDBOX trademark

and trade name. Redbox maintains a website under the domain name www.redbox.com, which is

available to all members of the trade and public, and which promotes its Redbox Services, as

well as through other marketing and advertising methods.

3. To further protect its REDBOX name and mark, Redbox has filed for

applications and has obtained numerous

trademark registrations for its REDBOX mark including the following (collectively, the

“REDBOX Marks”):

Mark App./Reg. Class(es) Relevant Goods / Services Priority No. Date REDBOX EXCLUSIVE 88/472,715 7, 9, 35, Class 38: Video-on-demand June 13, 38, 41, 42 transmission services, video 2019 broadcasting, and transmission of voice, data, images, data signals, messages and information by electronic communications networks

{9248353:3 } 5,857,987 7, 9, 35, Class 38: Video-on-demand July 28, 38, 41, 42 transmission services, video 2017 broadcasting, and transmission of voice, data, images, data signals, messages and information by electronic communications networks 4,418,939 35, 38, 41 Class 38: Video-on-demand January transmission services, video 28, 2011 broadcasting, transmission of voice, data, images, data signals, messages and information by electronic communications networks.

Class 41: Rental of video recordings by means of communications networks, and providing information in the field of entertainment by means of communications networks; providing facilities for DVD, movie, and video game rental. REDBOX 4,418,938 35, 38, 41 Class 38: Video-on-demand January transmission services, video 28, 2011 broadcasting, transmission of voice, data, images, data signals, messages and information by electronic communications networks.

Class 41: Rental of video recordings by means of communications networks, and providing information in the field of entertainment by means of communications networks; providing facilities for DVD, movie, and video game rental. REDBOX 4,988,910 41, 42 Class 41: Providing information in October 3, the field of entertainment via an 2012 interactive global computer network, networked kiosks, computers, mobile devices, game consoles, app-enabled TVs, and/or optical and magneto- optical disc players REDBOX.COM 4,672,047 9, 35, 41 Class 41: “Rental of video recordings May 19, by means of communications 2011 networks; providing information in the field of entertainment by means of communications networks...”

{9248353:3 } 4. On information and belief, Applicant is a Delaware corporation, having a place

of business at 900 Jefferson Ave., Redwood City, California 94063.

5. On May 11, 2020, Applicant filed an application to register the Subject

Application. The Subject Application was filed under 15 U.S.C. § 1051(a) listing a date of first

use in connection with each International Class of goods and services as of January 1, 2005.

6. The Subject Application was published in the Official Gazette of the USPTO on

August 18, 2020, to which Redbox timely filed a 90-day Request for Extension of Time to

Oppose that was granted by the Trademark Trial and Appeal Board (“TTAB”). This Opposition is timely filed prior to the extended December 2, 2020 deadline to institute an opposition against the Subject Application.

7. Redbox’s rights are superior to Applicant’s rights, as Redbox’s registration of the REDBOX marks pre-date the Subject Application. Each of Redbox’s REDBOX registrations have been filed, and were registered, prior to the filing date of the Subject Application.

8. Redbox has spent considerable amounts of time and expenses in promoting and advertising its rental, transmission, and streaming products and services in the United States, and has created valuable goodwill and recognition among consumers pursuant to such promotions and advertisements. Notably, Redbox has established branding and sponsorship relationships with the National Collegiate Athletic Association (“NCAA”) and the National Football League

(“NFL”). (See Exhibit A referencing Redbox’s sponsorship of the NCAA RedBox Bowl Game in 2018 and 2019, and evidence showing viewership of the same, as well as an advertising partnership with the Pac-12 NCAA conference; see also Exhibit B referencing Redbox’s affiliation with NFL teams across the United States, and showing a connection between the

REDBOX mark, the rental, transmission, and streaming services, and Redbox as the source of

{9248353:3 } those goods). Such affiliations with the NCAA and the NFL are significant in that Redbox’s promotion and advertising efforts generate recognition of its REDBOX mark in the minds of millions of consumers. (See Exhibit C evidencing viewership of the 2018 and 2019 Redbox

Bowl, and evidencing the wide range of exposure connected to NFL advertising and sponsorship). These marketing efforts, among other marketing efforts and sales success, have established Redbox’s REDBOX mark as a very distinctive and famous mark.

9. Applicant’s BOX mark is confusingly similar to Redbox’s REDBOX Marks in that it is fully incorporated into the word “REDBOX”. Accordingly, Applicant’s BOX mark creates a substantially similar, and thus confusingly similar, commercial impression to Redbox’s

REDBOX Marks.

10. Furthermore, some of the listed goods and services listed in Applicant’s Classes

9 and 42 of the Subject Application and Redbox’s prior applications and registrations for the

REDBOX Marks are overlapping. The reason for this overlap is that portions of the goods and services listed in the Subject Application specified below are overly broad recitations:

• International Class 09: “…downloadable computer software and computer software applications for use on electronic devices and over global, mobile, and local computer networks to access, upload, download, create, view, edit, print, store, exchange, publish, distribute, transfer, secure, share, transmit, control access to and manage digital media and information, data, documents, files, text, graphics, images, photographs, and electronic messages …”

• International Class 42: “…Providing on-line non-downloadable software for use on electronic devices and over global, mobile, and local computer networks to access, upload, download, create, view, edit, print, store, exchange, publish, distribute, transfer, secure, share, transmit, control access to and manage digital media and information, data, documents, files, text, graphics, images, photographs, and electronic messages;…”

As stated, these descriptions included in the Subject Application could, and likely do, include entertainment content streaming services, which are not supported by Applicant’s actual uses of

{9248353:3 } the mark identified in Applicant’s Application. See Exhibit D for copies of the Subject

Application as-filed, along with the specimen submitted in connection with Applicant’s 1(A) filing basis. Therefore, consumers are likely to mistakenly believe that the goods and services included in the Subject Application, at least for the above overly-broad recitations in Applicant’s

Classes 9 and 42, are either provided by or affiliated with Redbox and/or Redbox’s Services.

11. Downloadable and non-downloadable software products are regularly used in the viewing and renting of entertainment content, which are covered by Redbox’s REDBOX

Marks, and as such, are the type of products and services likely to be seen as emanating from the same source under a single mark, at least for the above overly-broad recitations in Classes 9 and

42. Furthermore, the REDBOX Services under the REDBOX Marks include electronic transmission services, which are overlapping with the goods and services covered under the

Subject Application for the Applicant’s BOX mark, at least for the above overly-broad recitations in Applicant’s Classes 9 and 42.

12. For the foregoing reasons, the relevant consuming public is likely to be confused into believing that the goods and services sold under the Subject Application are provided by

Redbox, at least for the above overly-broad recitations in Applicant’s Classes 9 and 42. Further, the likelihood of confusion is increased here since the REDBOX Marks are well-known, and considered famous, by consumers due to Redbox’s extensive marketing and promotion efforts.

At a minimum, the relevant consuming public, at least for the above overly-broad recitations in

Applicant’s Classes 9 and 42, is likely to believe that Applicant is affiliated with, endorsed, or sponsored by Redbox, when no such affiliation, endorsement, or sponsorship relationship exists.

13. Applicant’s BOX mark is therefore likely to confuse, cause mistake among, or deceive the relevant public into believing that Applicant and Applicant’s goods and services offered in

{9248353:3 } connection with the BOX mark, at least for the above overly-broad recitations in Applicant’s

Classes 9 and 42, are sponsored by, endorsed by, and/or related to Redbox in violation of 15

U.S.C. §§ 1052(d), 1114(1) and 1125(a).

14. Given Redbox’s considerable reputation and the renown of its REDBOX Marks, registration of Applicant’s BOX mark is likely to cause dilution of the distinctiveness of

Redbox’s REDBOX Marks in violation of 15 U.S.C. § 1125(c), at least for the above overly- broad recitations in Applicant’s Classes 9 and 42. In addition, if Applicant’s goods or services lack quality, Applicant’s use of its BOX mark may also tarnish Redbox’s REDBOX Marks, resulting in harm to Redbox’s reputation in violation of 15 U.S.C. §1125(c).

WHEREFORE, Redbox requests that the Subject Application be refused, at least for the above overly-broad recitations in Applicant’s Classes 9 and 42, and that this Notice of

Opposition be sustained for such overly-broad recitation.

Redbox authorizes the TTAB to charge the fees for this opposition of Applicant’s Classes

9 and 42 and any additional fees related to this matter to the deposit account of McDonald

Hopkins LLC.

Respectfully submitted,

Date: December 2, 2020 By: /James P. Muraff/ James P. Muraff One of the Attorneys for Opposer, Redbox Automated Retail, LLC

McDonald Hopkins LLC 300 N. LaSalle St. Suite 1400 Chicago, IL 60654 Telephone: 312.642.1480 [email protected]

{9248353:3 } Exhibit A Not logged in Talk Contributions Create account Log in

Article Talk Read Edit View history Search Wikipedia

2018 Redbox Bowl

From Wikipedia, the free encyclopedia

The 2018 Redbox Bowl was a college football bowl game that was played on Main page 2018 Redbox Bowl Contents December 31, 2018 at Levi's Stadium in Santa Clara, California, with kickoff at 17th Redbox Bowl Current events noon PST (3:00 p.m. EST).[6] It was one of the 2018–19 bowl games concluding Random article Michigan State Spartans Oregon Ducks the 2018 FBS football season. This was the 17th annual edition of a game that (7–5) (8–4) About Wikipedia has gone by different names, and was known as the Foster Farms Bowl for the Big Ten Pac-12 Contact us previous four years. For 2018 the game was renamed for its new sponsor, the Donate DVD and video game rental company Redbox.[7] 6 7 Head coach: Head coach: Contribute Mark Dantonio Mario Cristobal Contents [hide] Help 1 2 3 4 Total 1 Teams Community portal Michigan State 0 0 6 0 6 1.1 Oregon Ducks Recent changes Oregon 0 0 0 7 7 Upload file 1.2 Michigan State Spartans Date December 31, 2018 2 Game summary Tools 2.1 Scoring summary Season 2018 What links here 2.2 Statistics Stadium Levi's Stadium Related changes 3 References Location Santa Clara, California Special pages 4 External links MVP Dillon Mitchell (WR, Oregon)[1] & Permanent link Josiah Scott (CB, Michigan Page information State)[2] Cite this page Teams [ edit ] Favorite Oregon by 3[3] Wikidata item Referee Reggie Smith (Big XII) The game was played between Michigan State of the Big Ten Conference and Print/export [4] Oregon of the Pac-12 Conference.[8] The two teams have met six times Attendance 30,212 [5] Download as PDF previously, with each winning three times.[8] Payout US$3,600,000 Printable version United States TV coverage [ edit ] Network Fox Languages Oregon Ducks Main article: 2018 Oregon Ducks football team Announcers Joe Davis, Brady Quinn and Français Bruce Feldman Edit links Oregon received and accepted a bid to the Redbox Bowl on December 2.[8] The Redbox Bowl Ducks entered the bowl with a 8–4 record (5–4 in conference). < 2017 2019 >

Michigan State Spartans [ edit ] Main article: 2018 Michigan State Spartans football team

Michigan State received and accepted a bid to the Redbox Bowl on December 2.[8] The Spartans entered the bowl with a 7–5 record (5–4 in conference).

Game summary [ edit ]

Scoring summary [ edit ] Scoring summary [hide]

Drive Score Quarter Time Team Scoring information Plays Yards TOP MSU ORE 3 9:57 12 64 4:59 MSU 34-yard field goal by Matt Coghlin 3 0 3 1:17 8 31 3:30 MSU 34-yard field goal by Matt Coghlin 6 0 Dillon Mitchell 28-yard touchdown reception from Justin Herbert, Adam 4 11:19 6 77 1:40 ORE 6 7 Stack kick good

"TOP" = time of possession. For other terms, see Glossary of American football. 6 7 Statistics [ edit ]

Statistics MSU ORE 1 2 3 4 Total First downs 19 11 Spartans 0 0 6 0 6 Plays–yards 86–331 60–203 Ducks 0 0 0 7 7 Rushes–yards 46–159 27–37 Passing yards 172 166 Passing: Comp–Att–Int 22–40–1 19–33–0 Time of possession 37:15 22:45

Team Category Player Statistics Passing Brian Lewerke 22/40, 172 yds, 1 INT Michigan State Rushing LJ Scott 24 car, 84 yds Receiving Cody White 6 rec, 64 yds Passing Justin Herbert 19/33, 166 yds, 1 TD Oregon Rushing CJ Verdell 14 car, 43 yds Receiving Dillon Mitchell 6 rec, 70 yds, 1 TD

References [ edit ]

1. ^ @CFBONFOX (December 31, 2018). "Your Redbox Bowl Offensive MVP: @oregonfootball's Dillon Mitchell" (Tweet). Retrieved December 31, 2018 – via Twitter. 2. ^ @mattcharboneau (December 31, 2018). "Josiah Scott was named the Redbox Bowl defensive MVP" (Tweet). Retrieved December 31, 2018 – via Twitter. 3. ^ Fawkes, Ben (December 10, 2018). "Odds for every 2018-19 CFB bowl game" . ESPN.com. Retrieved December 18, 2018. 4. ^ @EmptySeatsPics (December 31, 2018). "Announced crowd of 30,212 for the 2018 RedBox Bowl" (Tweet). Retrieved December 31, 2018 – via Twitter. 5. ^ "2018 Bowl Schedule" . CFP.com. Retrieved December 3, 2018. 6. ^ "2018-19 College Football Playoff and bowl schedule" . ESPN. May 2, 2018. Retrieved July 29, 2018. 7. ^ Meacham, Jody. "Levi's Stadium picks up sponsor for their annual college bowl game" . www.bizjournals.com. Retrieved September 27, 2018. 8. ^ a b c d http://www.levisstadium.com/2018/12/oregon-to-meet-michigan-state-in-2018-redbox-bowl-at-levis-stadium/

External links [ edit ] Box score at ESPN

v · t · e 2018–19 NCAA football bowl game season [show]

v · t · e / Emerald / Fight Hunger / Foster Farms / Redbox Bowl [show]

v · t · e Michigan State Spartans bowl games [show]

v · t · e Oregon Ducks bowl games [show]

Categories: 2018–19 NCAA football bowl games Redbox Bowl 2018 in sports in California December 2018 sports events in the United States Michigan State Spartans football bowl games Oregon Ducks football bowl games

This page was last edited on 28 April 2020, at 13:25 (UTC).

Text is available under the Creative Commons Attribution-ShareAlike License; additional terms may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.

Privacy policy About Wikipedia Disclaimers Contact Wikipedia Developers Statistics Cookie statement Mobile view

EXPERIENCE TICKETS SUITES EVENTS GETTING HERE GUEST SERVICES

2019 REDBOX BOWL: CAL VS. ILLINOIS

DEC 30

SHARE

DECEMBER 30, 2019 - 1:00 PM (PT)

BUY TICKETS MORE INFO DIRECTIONS STUDENT TICKETS

FAMILY PACK TICKETS PREMIUM TICKETS BOWL PROGRAM

EVENT GUIDE →

PARKING POLICY → | BAG POLICY → | TAILGATING POLICY → | PERMITTED & PROHIBITED ITEMS → | PUBLIC TRANSPORTATION → | ACCESSIBLE SERVICES → |

Your mobile ticket must be displayed on your phone to get into the event using the Levi’s® Stadium app or Ticketmaster app. EVENT GUIDE

The Redbox Bowl, will be played on Monday, December 30 at Levi’s® Stadium. The 18th installment of the game that launched in 2002 has become a staple of holiday traditions for college football fans throughout the Bay Area. The Redbox Bowl will kick off at 1:00 p.m. PT with Cal and Illinois squaring off. The game will be televised on the FOX broadcast network.

Tickets are available now at Ticketmaster.com. EXPERIENCE TICKETS SUITES EVENTS GETTING HERE GUEST SERVICES

Ticket Policy

All guests ages 2 and above must have an event ticket to enter the stadium. There is no re-entry after admittance. Guests should have their tickets ready to scan upon approaching the stadium entry gates. The ticket barcode must be visible no matter the ticket type. Tickets will not be emailed or available to print. Your mobile ticket must be displayed on your phone to get into the event.

Visa Box Office The Visa Box Office opens at 10:00am and is located at the north end of the stadium inside Toyota Gate F. Walk-up tickets may also be available at the Visa Box Office.

Will Call Will call opens at 10:00am and is located at the Visa Box Office.

Timeline

Monday, December 30, 2019

01/29/20: The Pac-12 locked in a major deal with Redbox

Wednesday, January 29, 2020

The Pac-12 locked in a multi-year partnership with Redbox as a major new official partner of the Conference and its member universities. With the partnership, Redbox will serve as an official partner for all Pac-12 Championship events beginning this year and including the upcoming 2020 Pac-12 Men’s and Women’s Tournaments, as well as the 2020 Pac-12 Football Championship Game in in December. Redbox will also receive rights to Pac-12 home football and men’s basketball games with event signage and marketing rights across all 12 universities, including Pac-12 Networks linear and digital platforms.

“With their presence among our Pac-12 footprint and across the nation, we are thrilled to welcome Redbox, a leading entertainment brand, to the Pac-12 family and look forward to working together to promote both the success of Pac-12 sports and new products and services for Redbox customers,” said Steve Tseng, executive vice president of sales for Pac-12 Networks. PROGRAMMING

The World Group went public with its plans to launch a new 18-event global tour, dubbed the Premier Golf League featuring a prize purse of $240 million and was slated to launch in Jan. 2022. The lineup would span an eight-month season and would be backed by the Raine Group, according to multiple reports. The series is looking to sign 48 top players tom compete, effectively taking the out of the lineup for PGA TOUR event. According to information released about the league, selected players would be awarded part-ownership of a team franchise,

Meanwhile, the PGA Tour, while declining to publicly comment the new golf league, sent a letter sent to players on Monday in which Tour commissioner Jay Monahan outlined the circuit’s thoughts on the new series, according to Golf Channel. In the letter, Monahan said the Tour has not been in contact with officials from the Team Golf Concept, but made it clear that the league’s proposed 18-event schedule would be a direct conflict with the PGA Tour as players are limited to three conflicting event “releases” under the Tour’s current regulations

The Professional Fighters League is expanding its global footprint on the road to the 2020 season, announcing plans to launch the International Qualifier Series – a fight twice in one-night tournament that will see fighters from around the world compete for a chance to fight in the 2020 PFL season. International Qualifier Series tournaments will take place this February and March in , , , and . Four fighters from each market will compete in a tournament requiring each fighter to fight twice and win twice in the same night to be considered for a PFL contract. On Friday, March 20, the PFL International Qualifier Series featherweight tournament will take place in in partnership with UAE Warriors.

CBS Sports Network serves up a Top-10 doubleheader tonight starting at 7p with Duquesne/Dayton followed by San Diego State/New at 9p. John Sadak and Chris Walker will be on the call for Dayton-Duquesne while Rich Waltz, Avery Johnson and AJ Ross call the late game from New Mexico. Exhibit B

Exhibit C

EXHIBIT D Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006) OMB No. 0651-0009 (Exp 02/28/2021) Trademark/Service Mark Application, Principal Register

Serial Number: 88910121 Filing Date: 05/11/2020

The table below presents the data as entered.

Input Field Entered SERIAL NUMBER 88910121 MARK INFORMATION

*MARK BOX

STANDARD CHARACTERS YES

USPTO-GENERATED IMAGE YES

LITERAL ELEMENT BOX The mark consists of standard characters, without claim to any MARK STATEMENT particular font style, size, or color. REGISTER Principal APPLICANT INFORMATION

*OWNER OF MARK Box, Inc.

*MAILING ADDRESS 900 Jefferson Ave.

*CITY Redwood City

*STATE California (Required for U.S. applicants)

*COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States

*ZIP/POSTAL CODE 94063 (Required for U.S. and certain international addresses)

*EMAIL ADDRESS XXXX LEGAL ENTITY INFORMATION

TYPE corporation

STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY OF INCORPORATION Delaware GOODS AND/OR SERVICES AND BASIS INFORMATION

INTERNATIONAL CLASS 009 Downloadable computer software for enabling users to convert native document file formats to web-based file format for embedding converted documents in web applications and to enable users to access, upload, download, create, view, edit, print, store, exchange, publish, distribute, transfer, secure, share, transmit, control access to and manage those documents collaboratively on line and offline, for tracking changes and modifications to software and for managing software development projects; downloadable computer software for use as a tool for automating, personalizing, designing and updating web sites, website templates, web site graphics, text and animation for a global computer network, internal and external computer networks, and local and wide area computer networks; downloadable computer software and computer software *IDENTIFICATION applications for use on electronic devices and over global, mobile, and local computer networks to access, upload, download, create, view, edit, print, store, exchange, publish, distribute, transfer, secure, share, transmit, control access to and manage digital media and information, data, documents, files, text, graphics, images, photographs, and electronic messages; Downloadable computer software to provide content, mobile application, mobile device, desktop computer and desktop application management; Downloadable computer software for enabling users to upload and store files to computer storages in the cloud and enable users to access, upload, download, create, view, edit, print, store, exchange, publish, distribute, transfer, secure, share, transmit, control access to and manage those documents collaboratively on line and offline

FILING BASIS SECTION 1(a)

FIRST USE ANYWHERE DATE At least as early as 01/01/2005

FIRST USE IN COMMERCE DATE At least as early as 01/01/2005 \\TICRS\EXPORT18\IMAGEOUT 18\889\101\88910121\xml1 SPECIMEN FILE NAME(S) \ APP0003.JPG

screenshot of webpage displaying the mark in connection with SPECIMEN DESCRIPTION the software and providing a link to download the software

INTERNATIONAL CLASS 038 Providing on-line chat rooms and electronic bulletin boards for transmission of messages among users in the fields of business, *IDENTIFICATION technology, cloud computing, enterprise software development, online collaboration and file sharing

FILING BASIS SECTION 1(a)

FIRST USE ANYWHERE DATE At least as early as 03/31/2011

FIRST USE IN COMMERCE DATE At least as early as 03/31/2011 \\TICRS\EXPORT18\IMAGEOUT 18\889\101\88910121\xml1 SPECIMEN FILE NAME(S) \ APP0004.JPG

screenshot of webpage displaying the mark in connection with SPECIMEN DESCRIPTION the services

INTERNATIONAL CLASS 042 Providing on-line non-downloadable software for enabling users to convert native document file formats to web-based file format for embedding converted documents in web applications and to enable users to access, upload, download, create, view, edit, print, store, exchange, publish, distribute, transfer, secure, share, transmit, control access to and manage those documents collaboratively on line and offline, for tracking changes and modifications to software and for managing software development projects; Providing on-line non-downloadable software for automating, personalizing, designing and updating web sites, website templates, web site graphics, text and animation for a global computer network, internal and external computer networks, and local and wide area computer networks; Providing on-line non-downloadable software for use on *IDENTIFICATION electronic devices and over global, mobile, and local computer networks to access, upload, download, create, view, edit, print, store, exchange, publish, distribute, transfer, secure, share, transmit, control access to and manage digital media and information, data, documents, files, text, graphics, images, photographs, and electronic messages; Providing on-line non- downloadable computer software to provide content, mobile application, mobile device, desktop computer and desktop application management; Providing on-line non-downloadable software for enabling users to upload and store files to computer storages in the cloud and enable users to access, upload, download, create, view, edit, print, store, exchange, publish, distribute, transfer, secure, share, transmit, control access to and manage those documents collaboratively on line and offline

FILING BASIS SECTION 1(a)

FIRST USE ANYWHERE DATE At least as early as 01/01/2005

FIRST USE IN COMMERCE DATE At least as early as 01/01/2005 \\TICRS\EXPORT18\IMAGEOUT 18\889\101\88910121\xml1 SPECIMEN FILE NAME(S) \ APP0005.JPG

screenshot of webpage displaying the mark in connection with SPECIMEN DESCRIPTION the services ATTORNEY INFORMATION

NAME Joseph V. Myers III

ATTORNEY DOCKET NUMBER 076895009003

ATTORNEY BAR MEMBERSHIP NUMBER XXX

YEAR OF ADMISSION XXXX

U.S. STATE/ COMMONWEALTH/ TERRITORY XX

FIRM NAME Seyfarth Shaw LLP

STREET 1075 Peachtree St., #2500

CITY Atlanta

STATE Georgia

COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States

ZIP/POSTAL CODE 30309

PHONE 404-885-1500

EMAIL ADDRESS [email protected] Julia K. Sutherland, F. Richard Rimer, Jr., Becki C. Lee, OTHER APPOINTED ATTORNEY Stephen D. Lott, Amy A. Abeloff, Lauren Gregory CORRESPONDENCE INFORMATION

NAME Joseph V. Myers III

PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE [email protected]

SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED FEE INFORMATION

APPLICATION FILING OPTION TEAS Standard

NUMBER OF CLASSES 3 APPLICATION FOR REGISTRATION PER CLASS 275

*TOTAL FEES DUE 825

*TOTAL FEES PAID 825 SIGNATURE INFORMATION

SIGNATURE /frr/

SIGNATORY'S NAME F. Richard Rimer, Jr.

SIGNATORY'S POSITION Attorney of Record, Georgia Bar Member

SIGNATORY'S PHONE NUMBER 404-885-1500

DATE SIGNED 05/11/2020 Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006) OMB No. 0651-0009 (Exp 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 88910121 Filing Date: 05/11/2020

To the Commissioner for Trademarks:

MARK: BOX (Standard Characters, see mark) The literal element of the mark consists of BOX. The mark consists of standard characters, without claim to any particular font style, size, or color. The applicant, Box, Inc., a corporation of Delaware, having an address of 900 Jefferson Ave. Redwood City, California 94063 United States XXXX requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

International Class 009: Downloadable computer software for enabling users to convert native document file formats to web-based file format for embedding converted documents in web applications and to enable users to access, upload, download, create, view, edit, print, store, exchange, publish, distribute, transfer, secure, share, transmit, control access to and manage those documents collaboratively on line and offline, for tracking changes and modifications to software and for managing software development projects; downloadable computer software for use as a tool for automating, personalizing, designing and updating web sites, website templates, web site graphics, text and animation for a global computer network, internal and external computer networks, and local and wide area computer networks; downloadable computer software and computer software applications for use on electronic devices and over global, mobile, and local computer networks to access, upload, download, create, view, edit, print, store, exchange, publish, distribute, transfer, secure, share, transmit, control access to and manage digital media and information, data, documents, files, text, graphics, images, photographs, and electronic messages; Downloadable computer software to provide content, mobile application, mobile device, desktop computer and desktop application management; Downloadable computer software for enabling users to upload and store files to computer storages in the cloud and enable users to access, upload, download, create, view, edit, print, store, exchange, publish, distribute, transfer, secure, share, transmit, control access to and manage those documents collaboratively on line and offline

In International Class 009, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 01/01/2005, and first used in commerce at least as early as 01/01/2005, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) screenshot of webpage displaying the mark in connection with the software and providing a link to download the software. Specimen File1

International Class 038: Providing on-line chat rooms and electronic bulletin boards for transmission of messages among users in the fields of business, technology, cloud computing, enterprise software development, online collaboration and file sharing

In International Class 038, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 03/31/2011, and first used in commerce at least as early as 03/31/2011, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) screenshot of webpage displaying the mark in connection with the services. Specimen File1

International Class 042: Providing on-line non-downloadable software for enabling users to convert native document file formats to web-based file format for embedding converted documents in web applications and to enable users to access, upload, download, create, view, edit, print, store, exchange, publish, distribute, transfer, secure, share, transmit, control access to and manage those documents collaboratively on line and offline, for tracking changes and modifications to software and for managing software development projects; Providing on-line non-downloadable software for automating, personalizing, designing and updating web sites, website templates, web site graphics, text and animation for a global computer network, internal and external computer networks, and local and wide area computer networks; Providing on-line non-downloadable software for use on electronic devices and over global, mobile, and local computer networks to access, upload, download, create, view, edit, print, store, exchange, publish, distribute, transfer, secure, share, transmit, control access to and manage digital media and information, data, documents, files, text, graphics, images, photographs, and electronic messages; Providing on-line non-downloadable computer software to provide content, mobile application, mobile device, desktop computer and desktop application management; Providing on-line non-downloadable software for enabling users to upload and store files to computer storages in the cloud and enable users to access, upload, download, create, view, edit, print, store, exchange, publish, distribute, transfer, secure, share, transmit, control access to and manage those documents collaboratively on line and offline

In International Class 042, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 01/01/2005, and first used in commerce at least as early as 01/01/2005, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) screenshot of webpage displaying the mark in connection with the services. Specimen File1

The owner's/holder's proposed attorney information: Joseph V. Myers III. Other appointed attorneys are Julia K. Sutherland, F. Richard Rimer, Jr., Becki C. Lee, Stephen D. Lott, Amy A. Abeloff, Lauren Gregory. Joseph V. Myers III of Seyfarth Shaw LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at 1075 Peachtree St., #2500 Atlanta, Georgia 30309 United States 404-885-1500(phone) [email protected] The docket/reference number is 076895009003. Joseph V. Myers III submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory. The applicant's current Correspondence Information: Joseph V. Myers III PRIMARY EMAIL FOR CORRESPONDENCE: [email protected] SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS). A fee payment in the amount of $825 has been submitted with the application, representing payment for 3 class(es).

Declaration

Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a):

The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce and was in use in commerce as of the filing date of the application on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application and was used on or in connection with the goods/services in the application as of the application filing date; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.

And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e):

The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive. To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support. The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true. Declaration Signature

Signature: /frr/ Date: 05/11/2020 Signatory's Name: F. Richard Rimer, Jr. Signatory's Position: Attorney of Record, Georgia Bar Member Payment Sale Number: 88910121 Payment Accounting Date: 05/11/2020

Serial Number: 88910121 Internet Transmission Date: Mon May 11 15:10:51 ET 2020 TEAS Stamp: USPTO/BAS-XX.XX.XX.XX-202005111510510900 88-88910121-7104d76cc8d6b2a7fb8339cfe89b 5fcfce348f3d023f2bb3cbface1aba91a6fd-DA- 10505746-20200507162951337935