`
`ESTTA Tracking number:
`
`ESTTA738739
`
`Filing date:
`
`04/07/2016
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91216747
`
`Party
`
`Correspondence
`Address
`
`Submission
`
`Filer's Name
`
`Filer's e-mail
`
`Signature
`
`Date
`
`Attachments
`
`Plaintiff
`QS Wholesale, Inc.
`
`CARLO F VAN DEN BOSCH
`SHEPPARD MULLIN RICHTER & HAMPTON LLP
`650 TOWN CENTER DRIVE, FOURTH FLOOR
`COSTA MESA, CA 92626
`UNITED STATES
`gpour-moezzi@sheppardmullin.com, uspto-tm-oc@sheppardmullin.com,
`cvandenbosch@sheppardmullin.com
`
`Other Motions/Papers
`
`Carlo F. Van den Bosch
`
`uspto-tm-oc@sheppardmullin.com, cvandenbosch@sheppardmullin.com,
`GPour-Moezzi@sheppardmullin.com
`
`/cfv/
`
`04/07/2016
`
`ROXYLEAN-Withdrawal of appl. with consent & dismissal of oppo.pdf(1089093
`bytes )
`
`
`
`IN THE UNITED STATES PATENT_AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In re Application Serial No. 85/521,731
`Mark: ROXYLEAN
`
`Published: April 8, 2014
`
`QS Wholesale, Inc.,
`A California corporation,
`
`OPPOSITION NO.: 91—216747
`
`WITHDRAWAL OF APPLICATION
`
`Opposer,
`
`SERIAL No. 85/521,731; and
`
`V‘
`
`BPI Sports, LLC
`a Florida limited liability company,
`
`
`
`Applicant.
`
`DISMISSAL OF OPPOSITION NO. 91-
`216747 WITH PREJUDICE
`
`SMRH:476039862.1
`
`-1-
`
`
`
`Opposition No. 91-216747
`ROXYLEAN
`Serial No. 85/521,731
`
`WITHDRAWAL OF APPLICATION WITH CONSENT
`
`Pursuant to 37 C.F.R. §§ 2.68(a) & 2.135, applicant BPI Sports, LLC (“Applicant”)
`
`hereby withdraws U.S. Application Serial No. 85/521,731 for the mark ROXYLEAN, the subject
`
`of the above-captioned Opposition proceeding, with prejudice, and with consent from opposer QS
`
`Wholesale, Inc. (“Opposer”).
`
`Dated: April ]_: 2016
`
`CAREY RODRIGUEZ
`
`Dated: April 3 2016
`
`SHEPPARD MULLIN RICHTER &
`HAMPTON LLP
`
`By
`
`- fléfiowr/(,
`
`/zrj JOHN C. CAREY
`
`By
`
`.
`
`CA Q3!’ AN DEN BOSCH
`
`Att0me}’5 f0T Applicant
`BPI SPORTS, LLC
`
`Attorneys for Opposer
`QS WHOLESALE, INC.
`
`SMRH:476039862.l
`
`-2-
`
`
`
`Opposition No 91-21674’/'
`ROXYLEAN
`Serial NO. 85/521,731
`
`DISMISSAL OF OPPOSITION VVITH PREJUDICE
`
`In light of Applicant’s withdrawal of U.S. Application Serial No. 86/521,731 for the
`
`mark ROXYLEAN, Opposer hereby dismisses the above-captioned Opposition No. 91-216747
`
`with prejudice, and with consent from Applicant.
`
`Dated: Apri1:)_’, 2016
`
`Dated: April i, 2016
`
`SHEPPARD MULLIN RICHTER &
`HAMPTON LLP
`
`CAREY RODRIGUEZ MILIAN GONYA,
`LLP
`
`By
`
`.
`cA%O%. VAN DEN BOSCH
`
`E
`
`By
`
` 4
`JOHN C. CAREY
`
`/.‘
`
`
`
`Attorneys for Opposer
`QS WHOLESALE, INC.
`
`Attorneys for Applicant
`BPI SPORTS, LLC
`
`SMRSI-124760398611
`
`-3-
`
`
`
`Opposition N04 91-216747
`ROXYLEAN
`Serial No. 85/521,731
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and complete copy of the foregoing WITHDRAWAL
`
`OF APPLICATION SERIAL NO. 85/521,731 & DISMISSAL OF OPPOSITION NO. 91-
`
`216747 WITH PREJUDICE has been served on BPI Sports, LLC by e-mailing and mailing
`
`said copy on April 7, 2016 Via electronic mail addresses below and First Class Mail postage
`
`prepaid to:
`
`John C. Carey, Esq.
`jcarey@careyr0drz'guez. com
`Carey Rodriguez Milian Gonya, LLP
`1395 Brickell Avenue, Suite 700
`
`Miami, FL 33131
`
` Dated: April 7, 2016
`
`Shirley Winick
`
`SMRI 114760398621
`
`-4-
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