`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`Mailed: May 1, 2012
`
`Opposition No. 91201734
`
`Publix Asset Management
`Company
`
`
`v.
`
`
`Kenergy Scientific, Inc. as
`assignee of SpeechSwitch, Inc.
`
`
`
`
`
`RK/kk
`
`
`
`
`Applicant’s new power of attorney (filed January 18,
`
`2012) and response (filed February 2, 2102) to the Board’s
`
`order of January 10, 2012, are noted. The proceeding file has
`
`been updated with applicant’s new attorney and correspondence
`
`information. With regard to the Board’s order of January 10,
`
`2012, applicant has noted that there was a typographical error
`
`in its earlier-filed assignment submission, that it has filed
`
`a corrective assignment1 with the Assignment Branch, and that
`
`its previously-filed assignment should be disregarded. The
`
`caption has been updated to reflect applicant’s new name.
`
`
`
`The Board further notes that the parties filed on
`
`February 28, 2012, applicant's proposed amendment to its
`
`application Serial No. 76704169, with opposer's consent, and
`
`
`
`Opposition No. 91201734
`
`opposer's withdrawal of the opposition without prejudice with
`
`applicant’s consent, contingent upon entry of the amendment.2
`
`
`
`By the proposed amendment, applicant seeks to change the
`
`recitation of services in International Class 35 as follows
`
`(changes in bold):
`
`
`From: Retail store services featuring solar power
`products, wind powered products, and products
`made from recycled materials; in International
`Class 35.
`
`Retail store services featuring solar powered
`products, wind powered products, and clothing
`and fashion accessories made from recycled
`fabrics and metals, and excluding recycled
`paper products and excluding all food products;
`in International Class 35.
`
`Inasmuch as the amendment is clearly limiting in nature
`
`
`To:
`
`
`
`as required by Trademark Rule 2.71(a), and because opposer
`
`consents thereto, it is APPROVED and entered. See Trademark
`
`Rule 2.133(a).
`
`
`
`The contingency in opposer's withdrawal having now been
`
`met, the opposition is DISMISSED without prejudice.
`
`
`
`
`
`
`
`
`
`
`
`
`
`By the Trademark Trial
`and Appeal Board
`
`
`
`
`
`
`1 The assignment has been recorded with the Assignment Branch of the
`Office at Reel and Frame Nos. 4709/0327.
`2
`The parties made two filings on February 28, 2012. The Board
`presumes that the parties intend the second filing, which contains minor
`changes to the proposed amendment, to supercede the first filing.
`
`2
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