Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA402336
`ESTTA Tracking number:
`04/06/2011
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91194490
`Defendant
`Interserve, Inc.
`ANDREW P. BRIDGES
`WINSTON & STRAWN LLP
`101 CALIFORNIA ST STE 3900
`SAN FRANCISCO, CA 94111-5894
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`
`Signature
`Date
`Attachments
`
`keckhart@winston.com,trademarkssf@winston.com,abridges@winston.com,doc
`ketsf@winston.com
`Other Motions/Papers
`Kimberly A. Eckhart
`keckhart@winston.com,abridges@winston.com,trademarkssf@winston.com,doc
`ketsf@winston.com
`/Kimberly A. Eckhart/
`04/06/2011
`stip. mot. to amend appl_001.pdf ( 4 pages )(176338 bytes )
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of U.S. Serial No. 77/358,572
`For the Mark: CRUNCH
`
`Published: October 13, 2009
`Applicant: TechCrunch, Inc. formerly known as Interserve, Inc.
`
`Crunch IP Holdings, LLC
`
`Opposer,
`
`V.
`
`TechCrunch, Inc. formerly known
`as Interserve, Inc.
`
`Applicant.
`
`Opposition No. 91 194490
`
`STIPULATED MOTION TO AMEND APPLICATION
`
`Pursuant to 37 C.F.R. § 2.133, Applicant TechCrunch, Inc., formerly known as
`
`Interserve, Inc. (Applicant) hereby requests amendment of the identification of services in its
`
`application, Application Serial No. 77/358,572 for CRUNCH. Opposer, Crunch IP Holdings,
`
`LLC (Opposer) consents to this request.
`
`Specifically, Applicant requests amendment of the identification of services in classes 41
`
`and 45 as set forth below:
`
`Class 41 :
`
`Original Identification: Arranging and conducting educational conferences; arranging
`of seminars; education services, namely, providing live and online classes, seminars,
`and workshops in the fields of technology, internet products and services, start-up
`companies, entrepreneurship, marketing, design, finance, recruitment,
`intellectual
`property, and leadership; educational services, namely, developing, arranging and
`
`Docket No. 250504411000
`
`

`
`conducting educational conferences and programs and providing courses of
`instruction in the fields of technology,
`internet products and services, start-up
`companies, entrepreneurship, marketing, design, finance, recruitment,
`intellectual
`property, and leadership; electronic publishing services, namely, publication of text,
`graphic works, video, pod casts, and sound recordings in online, CD, and DVD
`formats featuring technology, intemet products and services and start-up business
`content; production of sound recordings; online electronic publishing of books and
`periodicals; publication of printed matter; publishing of reviews of technology,
`innovations, products, services, businesses, management; organization of seminars,
`working groups, research groups and conventions in the fields of computer and
`mobile device technology, internet products and services, and start-up businesses;
`social club services, namely, arranging of social events, parties, and social
`networking events; providing recognition and incentives by the way of awards to
`demonstrate excellence in the fields of technology, internet products and services, and
`entrepreneurship
`
`Proposed Amendment: Arranging and conducting educational conferences; arranging
`of seminars; education services, namely, providing live and online classes, seminars,
`and workshops in the fields of technology, internet products and services, start-up
`companies, entrepreneurship, marketing, design, finance, recruitment,
`intellectual
`property, and leadership‘; educational services, namely, developing, arranging and
`conducting educational conferences and programs and providing courses of
`instruction in the fields of technology,
`intemet products and services, start-up
`companies, entrepreneurship, marketing, design, finance, recruitment,
`intellectual
`property, and leadership; electronic publishing services namely, publication of text,
`graphic works, video, pod casts, and sound recording in online, CD, and DVD
`formats featuring technology, intemet products and services and start-up business
`content; production of sound recordings; online electronic publishing of books and
`periodicals; publication of printed matter; publishing of reviews of technology,
`innovations, products, services businesses, management; organization of seminars,
`working groups, research groups and conventions in the fields of computer and
`mobile device technology, internet products and services, and start-up businesses;
`arranging of social events, parties, and social networking events; providing
`recognition and incentives by the way of awards to demonstrate excellence in the
`fields of technology, intemet products and services, and entrepreneurship; none of the
`above relating to health, fitness, or sports
`
`Class 45:
`
`Original Identification: social networking services; Internet based social networking,
`introduction and dating services
`
`Proposed Amendment: social networking services; Internet based social networking,
`and business introduction services, none of the above relating to health, fitness, or
`sports
`
`Docket No. 250504-01000
`
`

`
`By deleting "social club services, namely" from class 41, deleting “and dating” from class 45,
`
`adding subject matter limiting language to class 45 (i. e., “business”), and adding further subject
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`matter limiting language to both classes 41 and 45 (z'.e., “none of the above relating to health,
`
`fitness, or sports”), Applicant submits that this amendment is permissible as it restricts the
`
`identification and does not change it in a manner that would require republication of the mark.
`See 37 C.F.R. § 2.71(a); TBMP § 514.02 ("When a request to amend
`application or
`
`registration which is the subject of a Board inter partes proceeding is made with the consent of
`
`the other party or parties, and the proposed amendment is in accordance with the applicable rules
`
`and statutory provisions, the request ordinarily will be approved by the Board.").
`
`Accordingly, Applicant, with the consent of Opposer, respectfully requests amendment of
`
`Application Serial Number 77/358,572 as set forth herein.
`
`Respectfully submitted,
`
`Applicant TechCrunch,
`Interserve, Inc.
`
`Inc., formerly known as
`
`By: Winston & Strawn LLP
`
`Dated: April 6, 2011
`
`
`
`art
`Kimberly A. Ec
`keckhart@win on.com
`
`
`
`Andrew P. Bridges
`Kimberly A. Eckhart
`Winston & Strawn LLP
`
`101 California Street
`
`San Francisco, California 94111-5894
`Telephone: (415)591-1000
`Facsimile: (415)591-1400
`
`Attorneys for Applicant
`TechCrunch, Inc., formerly known
`as Interserve, Inc.
`
`Docket No. 250504-01000
`
`

`
`In the Matter of U.S. Serial No. 77/358,572
`For the Mark: CRUNCH
`
`Published: October 13, 2009
`Applicant: TechCrunch, Inc., formerly known as Interserve, Inc.
`Opposition No. 91 194490
`Stipulated Motion To Amend Application
`
`CERTIFICATE OF ESTTA FILING
`
`I hereby certify that a copy of the foregoing Stipulated Motion To Amend Application
`was filed electronically with the Trademark Trial and Appeal Board via the ESTTA on the 6th
`\
`Day of April 2011.
`
`Kimberly A.
`
`khart
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that the foregoing Stipulated Motion To Amend Application was served
`this 6th day of April by electronic email transmission to
`
`mschwimmer@,moessinger.com
`mmoore@moessinger.com
`
`schwimmer@leasonellis.com
`
`Martin Schwimmer
`
`Moses & Singer LLP
`405 Lexington Avenue
`New York, NY 10174
`
`Martin Schwimmer
`
`Leason Ellis LLP
`
`81 Main Street, Suite 503
`White Plains, New York 10601
`
`SF 306934v1
`
`Docket No. 250504-01000