`ESTTA311655
`ESTTA Tracking number:
`10/15/2009
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91185602
`Plaintiff
`Clif Bar & Company
`Jennifer D. Arkowitz
`Townsend and Townsend and Crew LLP
`Two Embarcadero Center, 8th Floor
`San Francisco, CA 94111
`UNITED STATES
`jda@townsend.com, amw@townsend.com, litdocketing@townsend.com
`Other Motions/Papers
`Jennifer D. Arkowitz
`jdarkowitz@townsend.com, amwong@townsend.com
`/JDA/
`10/15/2009
`Stipulation to Amend Application for LUNA & Design.pdf ( 3 pages )(99620 bytes
`)
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`
`
`Attorney Docket No. 017119—019600
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In re Application No. 76/057,967
`Filed: May 26, 2000
`
`Published: April I, 2008 in the Official Gazette
`For: LUNA & Design
`
`CLIF BAR& COMPANY,
`
`Opposition No. 91185602
`
`Opposer,
`
`Vs"
`
`STIPULATION T0 AMEND
`APPLICATION
`
`I
`
`OMAR KASSEM ALESAYI & CO. LTD.,
`
`Applicant.
`
`Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, Virginia 22313-1451
`
`Dear Madam:
`
`The parties hereby stipulate to Applicant's amendment ofthe identification of goods in
`International Ciass 32 of Application Seriai No. 76/057,967 for the mark LUNA & Design to
`
`read in its entirety as follows:
`
`“malt, namely, malt wort, malt syrup for beverages exclutiing sports,
`energy, and/or nutrition beverages; malt beer; non-alcoholic mineral
`waters exciuding sports, energy, and/or nutrition beverages; other non-
`alcoholic drinks, namely, fruit punch; syrups for making drinks other
`than sports, energy, and/or nutrition drinks; and other preparations for
`xzgagcing nonalcoholic beverages, namely, concentrates and powders used
`in the preparation of soft drinks other than gports, energy, and/or
`nutrition drink.”
`
`
`
`Attorney DocketNo. oi7119~o196oc
`
`The proposed amendment is limiting in nature as it merely excludes certain goods from
`the Application, and thus is in compliance with Trademark Ruies 2.71 and 2.75. 0;:-poser, Ciif
`Bar & Company, consents to entry ofthe above amendment in accordance with Trademark Rule
`
`2.133.
`
`Upon entry ofthe above-amendment, the parties wili file a stipulation dismissing the
`
`opposition without prejudice.
`
`Respectfully submittéd,
`
`TOWNSEND and TOWNSEND arid CREW LLP
`
`
`
`zstitorneysfor Opposer
`
`I
`Dated: i
`
`Respectfully submitted,
`
`ABEL
`N FRAYNE
`: WAB
`By:
`
`Erica R. Haistead
`Attarneyfor Applicant
`
`
`
`Attorney Docket No. 017119-019600
`
`CERTIFICATE OF SERVICE
`
`On
`
`1 4’
`
`, 2009, I served the foregoing STIPULATION TO AMEND
`
`APPLICATION on the party(ies) in said action by depositing a true copy thereof with the
`
`United States Postal Service as first class mail, postage prepaid, at San Francisco, California,
`
`enclosed in a sealed envelope addressed as follows:
`
`Erica R. Halstead
`
`Abelman, Frayne & Schwab
`666 Third Avenue
`
`New York, New York 10017-4011
`
`
`
`Dated: October 14 2009 By:
`
`
`Antonia M
`
`62263557 V1
`
`Page 3 of 3
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