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`ESTTA Tracking number:
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`ESTTA839440
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`Filing date:
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`08/14/2017
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding
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`Applicant
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`79179921
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`Minoryx Therapeutics, S.L.
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`Applied for Mark
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`MINORYX
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`Correspondence
`Address
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`Submission
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`Attachments
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`Filer's Name
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`Filer's email
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`Signature
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`Date
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`Elizabeth Lee
`Lucas & Mercanti, LLP
`30 Broad St21st Floor
`New York, NY 10004
`UNITED STATES
`Email: info@lmiplaw.com
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`Applicant's Motion to Suspend
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`Request for Suspension of Appeal.pdf(23536 bytes )
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`Elizabeth Lee
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`info@lmiplaw.com, eld@lmiplaw.com
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`/EL/
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`08/14/2017
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`
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`I N TH E U N I TED STATES PATEN T AN D TRAD EM ARK OFFI CE
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`BEFORE TH E TRAD EM ARK TRI AL AN D APPEAL BOARD
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`APPLI CANT:
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`TRADEMARK:
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`SERI AL NO.:
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`FI LI NG DATE:
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`TRADEMARK EXAMI NI NG
`ATTORNEY:
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`Minoryx Therapeut ics, S.L.
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`MI NORYX
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`79/ 179,921
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`Oct ober 28, 2015
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`ASKEW, Megan Rut h
`TMEG LAW OFFI CE 105
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`APPLI CAN T’S REQU EST FOR SU SPEN SI ON
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`The Appeal proceedings resum ed on June 14, 2017 in view of t he Tradem ark
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`Exam ining At t orney’s decision. The decision indicat ed t hat t he consent t o
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`regist rat ion subm it t ed by Applicant is insufficient t o overcom e t he Sect ion 2( d)
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`refusal. More specifically, it has been indicat ed t hat t he consent agreem ent is a
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`“ naked consent ” and is insufficient t o over com e a likelihood of confusion r efusal
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`because it ( 1) neit her set s for t h reasons w hy t he part ies believe t here is no
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`likelihood of confusion, nor ( 2) describes t he arrangem ent s undert aken by t he
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`part ies t o avoid confusing t he public.
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`Applicant is current ly under negot iat ion w it h t he Regist rant and expect s t o
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`subm it a revised signed consent agreem ent including t he subj ect m at t er indicat ed
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`in t he subsequent final rej ect ion.
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`As such, Applicant request s t hat t he Appeal proceedings be suspended
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`pending t he negot iat ion and subm ission of t he revised consent agreem ent signed
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`by t he regist rant and applicant . Applicant request s t hat t he TRADEMARK TRI AL
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`AND APPEAL BOARD grant t he request t o suspend pr oceedings for 30 days pending
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`negot iat ion and subm ission of t he revised consent agreem ent w it h t he regist rant .
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`Dat ed t his 14t h day of August , 2017.
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` / Elizabet h Lee/
`Elizabet h Lee
`Donald C. Lucas
`Lucas & Mercant i, LLP
`30 Br oad St reet , 21 st Floor
`New Yor k, NY 10004
`TEL: 212- 661- 8000
`FAX: 212- 661- 8002
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`At t orneys for Applicant
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