`ESTTA663973
`ESTTA Tracking number:
`03/31/2015
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91216901
`Defendant
`Boom Wireless Inc.
`MARCY L SPERRY
`WOMBLE CARLYLE SANDRIDGE & RICE LLP
`271 17TH ST NW, STE 2400
`ATLANTA, GA 30363-1017
`UNITED STATES
`msperry@wcsr.com, lisaf@wcsr.com, atltrademarks@wcsr.com
`Other Motions/Papers
`Marcy L. Sperry
`atltrademarks@wcsr.com, msperry@wcsr.com
`/Marcy L. Sperry/
`03/31/2015
`Boom Wireless-Xoom Corp-XZOOM PRO Opposition-Consented Motion to
`Amend and Conditional Withdrawal.pdf(429881 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`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
`
`In the Matter of Trademark Application No. 86/002,846
`Published on: (cid:9)
`February 18, 2014
`For the Mark: (cid:9)
`XZOOM PRO
`
`Xoom Corporation,
`
`V.
`
`Boom Wireless, Inc.,
`
`Opposer,
`
`Applicant.
`
`Opposition No.: 91216901
`
`CONSENTED MOTION TO AMEND APPLICATION
`AND CONDITIONAL WITHDRAWAL OF OPPOSITION
`
`The above referenced application, Serial No. 86/002,846 (the "Application"), was
`
`published for opposition on February 17, 2014 and opposed by Xoom Corporation ("Opposer")
`
`in Opposition No. 91216901 ("Opposition"). The parties have determined that the Opposition
`
`can be resolved by an amendment to the identification of goods that is set forth below. If the
`
`specified amendment is acceptable to the United States Patent and Trademark Office, Opposer,
`
`with the consent of Applicant, hereby agrees to withdraw the Opposition to the Application (as
`
`amended).
`
`-1-
`
`(cid:9)
`
`
`Amendment After Publication
`
`Applicant hereby requests the United States Patent and Trademark Office to amend the
`
`identification of goods for the Application to the following:
`
`"Cell phone battery chargers; cell phone cases; cell phone covers; cell phone
`faceplates; cell phone straps; cellular phone accessory charms; headsets for
`cellular or mobile phones; head-clip cell phone holders; hands free kits for
`phones; Mobile telephone accessories, namely, belt clips; all specifically
`excluding computers, hand-held devices, mobile phones, computer hardware,
`computer software, card readers, computer chip readers, point of sale terminals,
`magnetically encoded gift cards, pre-paid cards and deferred payment cards, and
`holders for magnetically encoded gift cards, pre-paid cards and deferred payment
`cards"
`
`Conditional Withdrawal of Opposition Proceedings
`
`Once the Trademark Trial and Appeal Board accepts the proposed amendment to the
`
`Application, Opposer, with the consent of Applicant, hereby withdraws the Opposition.
`
`Respectfully submitted this (cid:9)
`
`day of March, 2015.
`
`Morgan, Lewis & Bockius LLP
`One Market, Spear Street Tower
`San Francisco, California 94105
`Telephone: 248.536.3313
`Facsimile: 248.536.1840
`Email: ralpert a,morganlewis.com
`shall@morganlewis. corn
`
`arcy L. Sperry
`Womble Carlyle Sandridge & Rice, LLP
`271 17th Street, NW
`Atlanta, Georgia 30363-1017
`Telephone: (404) 879-2432
`Facsimile: (404) 879-2932
`Email: msperry@wesr.com
`
`Attorneys for Opposer
`
`Attorney for Applicant
`
`-2-
`
`(cid:9)
`
`
`CERTIFICATE OF MAILING
`I do hereby certify that on (cid:9)
`3) (cid:9)
`, 2015, I filed via electronic means (ESTTA)
`this CONSENTED MOTION TO AMEND APPLICATION AND CONDITIONAL
`WITI-IDRAWAL OF OPPOSITION with the:
`
`U. S. Patent and Trademark Office
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, Virginia 22313-1451
`
`Marcy L. Sperry
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and complete copy of the foregoing CONSENTED MOTION
`TO AMEND APPLICATION AND CONDITIONAL WITHDRAWAL OF OPPOSITION has
`been served on Opposer's counsel via email, pursuant to agreement with Opposer's counsel, at
`the following email addresses: ralpertnmorganlewis.com and shall( ,,morganlewis.com .
`
`arcy L. Sperr
`
`-3-
`
`WCSR 33891331v1
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