`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
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` Mailed: January 19, 2010
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`Opposition No. 91191709
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`KELLOGG NORTH AMERICA
`COMPANY
`
`
`v.
`
`THE KEITH HARING FOUNDATION
`INC.
`
`
`
`
`JK/mb/jh
`
`
`
`Jennifer Krisp, Interlocutory Attorney:
`
`On December 10, 2009, applicant filed a proposed
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`
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`amendment to the identification of services for its
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`application Serial No. 77564897, with opposer's consent.
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`
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`By the proposed amendment, applicant seeks to change the
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`identification of services in International Class 351
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`from
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`
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`Mail order services and online retail store
`services featuring clothing, books, cookies and
`chocolates, housewares, pillows, decals, posters,
`stationery, notebooks, post cards, binders,
`children's toys and games, ornamental pins, condom
`cases, key chains, pencils, pins, and umbrellas
`
`to
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`
`
`
`1 The amendment deletes the words “cookies and chocolates” from the
`identification of services.
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`
`
`Opposition No. 91191709
`
`Mail order services and online retail store
`services featuring clothing, books, housewares,
`pillows, decals, posters, stationery, notebooks,
`post cards, binders, children's toys and games,
`ornamental pins, condom cases, key chains,
`pencils, pins, and umbrellas.
`
`Inasmuch as the amendment is clearly limiting in nature
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`
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`as required by Trademark Rule 2.71(a), and because opposer
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`consents thereto, it is approved and entered. See Trademark
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`Rule 2.133(a).
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`
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`If this resolves the dispute herein, opposer is allowed
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`until thirty days from the mailing date of this order to file
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`a withdrawal of the opposition, failing which the opposition
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`will go forward on the application as amended. See Trademark
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`Rule 2.106(c).
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` Proceedings are otherwise suspended.
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`
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`
`
`* * *
`
`2
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