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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA536208
`ESTTA Tracking number:
`05/03/2013
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91205438
`Plaintiff
`Victoria's Secret Stores Brand Management, Inc.
`KEVIN C PARKS
`LEYDIG VOIT & MAYER LTD
`TWO PRUDENTIAL PLZ, 180 N STETSON AVE STE 4900
`CHICAGO, IL 60601
`UNITED STATES
`mzimmermann@leydig.com, kparks@leydig.com
`Withdrawal of Opposition
`Michelle L. Zimmermann
`mzimmermann@leydig.com, kparks@leydig.com
`/Michelle L. Zimmermann/
`05/03/2013
`Motion to amend and dismiss.pdf ( 3 pages )(43851 bytes )
`
`Proceeding
`Party
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`Correspondence
`Address
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`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`
`
`VICTORIA’S SECRET STORES
`
`BRAND MANAGEMENT, INC.,
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`
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`
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`Opposer,
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`v.
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`
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`G SQUARED PROMOTION LTD.,
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`
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`
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`Applicant.
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`
`Opposition No. 91205438
`Serial No. 85/045,293
`
`
`
`CONSENTED MOTION TO AMEND APPLICATION SERIAL NO. 85/045,293
`AND CONTINGENT MOTION TO DISMISS OPPOSITION WITHOUT PREJUDICE
`
`Pursuant to 37 C.F.R. § 2.133(a), and TBMP § 514, Applicant hereby requests, and
`
`
`
`Opposer consents to, the amendment of the identification of goods in Application Serial No.
`
`85/045,293 to read as follows:
`
`Cosmetics sold to cancer survivors and their supporters, in Class 3; and
`Clothing and footwear, namely, bandanas, baseball caps, bathing suits, belts, belts
`with interchangeable buckles, biker shorts, blazers, body shapers, boots,
`fashion riding boots, hiking boots, steel toe boots, rubber boots, winter boots,
`work boots, boxer shorts, bras, briefs, camisoles, capes, cardigans, garden
`clogs, clogs, coats, coats including leather jackets, dress coats, dresses,
`evening formal wear coats, faux fur coats, raincoats, corsets, cover-ups,
`enhancement cookies, faux fur wraps, flip flops, footwear, formal wear, garter
`belts, thigh girdles, gloves, detachable finger gloves, driving gloves, golf
`gloves, evening gloves, goggles, hats, cancer survivor headscarves with tie at
`back, head bands, head wraps, hooded jackets and sweatshirts, hosiery,
`housecoats, jackets, imitation leather jackets, fleece jackets, sports jackets,
`jeans, leg warmers, lingerie, nightgowns, nipple covers, namely, pasties;
`nightshirts, outerwear, namely, overalls, pants, ponchos, pouch foldable nylon
`jackets and rain wear; casual pants, dress pants, hot pants, lounge pants, rain
`pants, tap pants, workout pants, sandals, scarves, shirts, dress shirts, polo
`shirts, T-shirts, long-sleeved T-shirts, T-shirt cover-ups, T-shirt dress cover-
`ups, shoes, casual shoes, dress shoes, training shoes, shorts, skirts, sleep wear,
`slipper socks, slippers, slips, sneakers, snow wear, namely, snow pants and
`snow suits, socks and sockettes, suits, sun hats with UVB protection, sweaters
`with detachable sleeves, sweatshirts, lounge sweatshirts, swim caps,
`swimwear, teddies, thermal underwear, ties; tights, track suits, track pants,
`turbans, tuxedos and accessories, namely, suspenders, underpants, undershirts,
`
`

`
`Opposition No. 91205438
`Serial No. 85/045,293
`
`underwear, vests, outdoor vests, outdoor vests with zip-out sleeves, water
`shoes, wind resistant jackets, winter wear, namely, ear muffs, neck warmers,
`and ski masks; and yoga wear, namely, yoga pants; all the aforementioned
`sold to cancer survivors and their supporters, in Class 25.
`
`Applicant and Opposer submit that this amendment is in accordance with Office practices, as it is
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`only a limitation, and request it be accepted and entered.
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`Contingent upon acceptance of the amendment as described above, after the amendment
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`is entered the parties mutually request that the opposition be dismissed, without prejudice.
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`Respectfully submitted,
`
`VICTORIA’S SECRET STORES BRAND
`MANAGEMENT, INC.
`
`G SQUARED PROMOTION LTD.
`
`.1
`Kevin C. Parks é
`
`(
`
`Michelle L. Zimmermann
`
`LEYDIG, VOIT & MAYER, LTD.
`Two Prudential Plaza, 180 N. Stetson Ave.
`Suite 4900
`
`Chicago, Illinois 60601-6731
`Attorneys for Opposer
`
`MariaV. Hardison
`
` ¢3:';
`
`TASSAN & HARDISON
`
`4143 27th Street North
`Arlington, VA 22207
`
`Attorney for Applicant
`
`Dated: May 3, 2013
`
`Dated: May , 2013
`
`

`
`Opposition No. 91205438
`Serial No. 85/045,293
`
`
`
`CERTIFICATE OF ELECTRONIC FILING
`
`
`
`I hereby certify that the attached Consented Motion To Amend Application Serial No.
`85/045,293 And Contingent Motion to Dismiss Opposition Without Prejudice was filed
`electronically with the Trademark Trial and Appeal Board on May 3, 2013.
`
`___/Michelle Zimmermann/__________
`
`Michelle L. Zimmermann
`
`
`
`
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`CERTIFICATE OF SERVICE
`
`I hereby certify that a copy of this Consented Motion To Amend Application Serial No.
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`85/045,293 And Contingent Motion to Dismiss Opposition Without Prejudice was served on
`Applicant via First Class Mail to the following address on May 3, 2013:
`
`
`Maria V. Hardison
`Tassan & Hardison
`4143 27th Street North
`Arlington, VA 22207
`
`
`___/Michelle Zimmermann/__________
`
`Michelle L. Zimmermann
`
`3

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