UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`Mailed: December 22, 2011
`
`Opposition No. 91199048
`
` X
`
`
`
` PRIZE Foundation, Inc.
`
`v.
`
`
`Donat Brandt and
`Klaus Riße
`
`
`
`
`
`RK
`
`
`
`On November 16, 2011, the parties filed applicants’
`
`proposed amendment to its application Serial No. 79064263, with
`
`opposer's written consent, and opposer's withdrawal of the
`
`opposition, with applicants’ written consent, contingent upon
`
`entry of the amendment.1
`
`
`
`By the proposed amendment, applicants seek to change the
`
`recitation of services in International Classes 35 and 41 as
`
`follows (amendment shown in bold type):2
`
`
`From: Advertising,
`relations;
`public
`marketing,
`business planning; organisation, arranging and
`conducting of trade fairs, exhibitions and
`presentations for commercial and advertising
`purposes;
`organization,
`arranging
`and
`conducting
`of
`business
`competitions
`for
`commercial and advertising purposes; conducting
`incentive award ceremonies and award programs
`for commercial and advertising purposes,
`specifically to promote the sale of products
`and services of others; collecting of data
`
`1
`In view of the November 16 filing, the motion to amend filed on
`November 15, 2011, will be given no further consideration.
`
`The services in International Class 42 remain unchanged.
`
` 2
`
`
`
`

`
`Opposition No. 91199048
`
`through databases, namely, compilation and
`systemization of information into computer;
`systematic ordering of data in computer
`databases; market research services, namely,
`arranging and evaluation of product tests and
`service trial tests within the scope of market
`research; business organizational consulting;
`cost price analysis consultation services,
`namely, employer and consumer consultancy with
`regard to the value and quality of goods and
`services; all aforementioned services only in
`connection with evaluation and rewarding of
`design innovation and development achievements
`of a scientific, technical or esthetic kind; in
`International Class 35.
`
`Education services, namely, providing classes,
`seminars, workshops in the field of technology,
`sports
`and
`clothing;
`providing
`training
`services
`in
`the
`field
`of
`information
`technology, sports instruction and clothing
`design;
`entertainment
`services,
`namely,
`providing online-computer games, conducting
`fairs not for commercial purposes, conducting
`contests and conducting on-line contests in the
`field of product tests; presentation of live
`award ceremony shows; sporting and cultural
`activities,
`namely,
`organizing
`community
`sporting
`and
`cultural
`events;
`planning,
`organization, arranging and conducting of trade
`fairs
`for
`cultural,
`instructional
`or
`entertainment
`purposes;
`arranging
`and
`conducting
`educational
`congresses
`and
`conferences in the field of technology, sports
`and clothing; organization and arranging of
`exhibitions for cultural, instructional or
`entertainment
`purposes,
`namely,
`product
`exhibitions;
`presentations
`for
`cultural,
`instructional
`or
`entertainment
`purposes,
`namely,
`presentations
`of
`live
`show
`performances, live award ceremony shows and
`live
`musical
`performances;
`entertainment
`services, namely, arranging and conducting of
`competitions for product tests for cultural,
`instructional or entertainment purposes; award
`ceremonies and award programs for cultural,
`instructional
`or
`entertainment
`purposes,
`namely, incentive award programs designed to
`reward program participants who invent new
`
`2
`
`
`
`

`
`Opposition No. 91199048
`
`technology or design new clothing; arranging
`and conducting of educational seminars in the
`field of technology, sports and clothing,
`publication of test magazines, newspapers,
`books and brochures; publication of product
`tests and service trials in print and
`electronic form, also in the Internet; all
`aforementioned services only in connection with
`evaluation and rewarding of design, innovation
`and development achievements of a scientific,
`technical or esthetic kind; in International
`Class 41.
`
`relations;
`public
`marketing,
`Advertising,
`business planning; organisation, arranging and
`conducting of trade fairs, exhibitions and
`presentations for commercial and advertising
`purposes;
`organization,
`arranging
`and
`conducting
`of
`business
`competitions
`for
`commercial and advertising purposes; conducting
`incentive award ceremonies and award programs
`for commercial and advertising purposes,
`specifically to promote the sale of products
`and services of others; collecting of data
`through databases, namely, compilation and
`systemization of information into computer;
`systematic ordering of data in computer
`databases; market research services, namely,
`arranging and evaluation of product tests and
`service trial tests within the scope of market
`research; business organizational consulting;
`cost price analysis consultation services,
`namely, employer and consumer consultancy with
`regard to the value and quality of goods and
`services; all aforementioned services only in
`connection with evaluation and rewarding of
`design innovation and development achievements
`of a scientific, technical or esthetic kind
`relating
`to
`consumer
`products
`already
`commercially available in the marketplace and
`consumer products in commercial development
`with a planned immediate launch into the
`marketplace; in International Class 35.
`
`Education services, namely, providing classes,
`seminars, workshops in the field of technology,
`sports
`and
`clothing;
`providing
`training
`services
`in
`the
`field
`of
`information
`technology, sports instruction and clothing
`
`3
`
`
`To:
`
`
`
`

`
`Opposition No. 91199048
`
`namely,
`services,
`entertainment
`design;
`providing online-computer games, conducting
`fairs not for commercial purposes, conducting
`contests and conducting on-line contests in the
`field of product tests; presentation of live
`award ceremony shows; sporting and cultural
`activities,
`namely,
`organizing
`community
`sporting
`and
`cultural
`events;
`planning,
`organization, arranging and conducting of trade
`fairs
`for
`cultural,
`instructional
`or
`entertainment
`purposes;
`arranging
`and
`conducting
`educational
`congresses
`and
`conferences in the field of technology, sports
`and clothing; organization and arranging of
`exhibitions for cultural, instructional or
`entertainment
`purposes,
`namely,
`product
`exhibitions;
`presentations
`for
`cultural,
`instructional
`or
`entertainment
`purposes,
`namely,
`presentations
`of
`live
`show
`performances, live award ceremony shows and
`live
`musical
`performances;
`entertainment
`services, namely, arranging and conducting of
`competitions for product tests for cultural,
`instructional or entertainment purposes; award
`ceremonies and award programs for cultural,
`instructional
`or
`entertainment
`purposes,
`namely, incentive award programs designed to
`reward program participants who invent new
`technology or design new clothing; arranging
`and conducting of educational seminars in the
`field of technology, sports and clothing,
`publication of test magazines, newspapers,
`books and brochures; publication of product
`tests and service trials in print and
`electronic form, also in the Internet; all
`aforementioned services only in connection with
`evaluation and rewarding of design, innovation
`and development achievements of a scientific,
`technical or esthetic kind relating to consumer
`products already commercially available in the
`marketplace and consumer products in commercial
`development with a planned immediate launch
`into the marketplace; in International Class
`41.
`
`Inasmuch as the amendments are clearly limiting in nature
`
`
`
`as required by Trademark Rule 2.71(a), and because opposer
`
`4
`
`

`
`Opposition No. 91199048
`
`consents thereto, they are APPROVED and entered. See Trademark
`
`Rule 2.133(a).
`
`
`
`The contingency in opposer's withdrawal having now been
`
`met, the opposition is DISMISSED in accordance with the
`
`agreement between the parties.
`
`
`
`
`
`
`
`
`
`
`
`
`
`By the Trademark Trial
`and Appeal Board
`
`
`
`
`
`5