`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`General Contact Number: 571-272-8500
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`Mailed: February 20, 2015
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`Opposition No. 91218833
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`Horus Pharma
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`v.
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` Ricardo A. Fuenmayor
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`nmt
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`Elizabeth A. Dunn, Attorney:
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`Inasmuch as opposer consented thereto in its November 21, 2014
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`filing, applicant’s November 17, 2014 request for an extension of time to file his
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`answer is GRANTED inasmuch as proceedings are considered to have been
`suspended with the filing of the motion.
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`On November 18, 2014, applicant filed an unconsented motion to
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`amend the identification of goods in his opposed Application Serial No.
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`86157681. On November 21, 2014, opposer filed an opposition to the
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`amendment and moved for expungement of an communication marked “for
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`settlement purposes only.”
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`On November 26, 2014, applicant filed a proposed amendment to its
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`application Serial No. 86157681, with opposer's consent, which stated that,
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`contingent upon acceptance of the amendment, the Board could consider the
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`Opposition No. 91218833
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`earlier amendment and “relevant portions” of Opposer’s opposition thereto to
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`be moot.
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`By the proposed amendment applicant seeks to amend the identification
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`of goods in International Class 10 as follows:
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`from
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`"Beautifying devices, namely, surgical and medical implant
`devices comprised of artificial materials for use in cosmetic
`surgery for the stretching of the user's face, skin, thus minimizing
`his/her wrinkles, for the specific purpose of obtaining a younger
`look; medical devices, namely, surgical implant devices comprised
`primarily of artificial materials for use in plastic surgery as
`cosmetic devices for improving appearance"
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`to (new language underlined):
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`"Beautifying devices, namely, surgical and medical implant
`devices comprised of artificial materials for use in cosmetic
`surgery for the stretching of the user's face, skin, thus minimizing
`his/her wrinkles, for the specific purpose of obtaining a younger
`look, all of the foregoing excluding ophthalmological products and
`devices, dermatological products and devices, anti-infective, anti-
`inflammatory, antiviral, anti-allergy, healing and edema and dry-
`eye disease products and devices; medical devices, namely,
`surgical
`implant devices comprised primarily of artificial
`materials for use in plastic surgery as cosmetic devices for
`improving appearance, all
`of
`the
`foregoing
`excluding
`ophthalmological products and devices, dermatological products
`and devices, anti-infective, anti-inflammatory, antiviral, anti-
`allergy, healing and edema and dry-eye disease products and
`devices."
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`Inasmuch as the amendment is clearly limiting in nature as required by
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`Trademark Rule 2.71(a), and because opposer consents thereto, the amendment
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`is approved and entered. See Trademark Rule 2.133(a). The contingency having
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`2
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`Opposition No. 91218833
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`been met, applicant’s motion to amend filed November 18, 2014 will receive no
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`further consideration.
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`With respect to opposer’s motion for expungement, the Board does not
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`expunge its records. However, if the parties submit a redacted copy of the same
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`document for public viewing, the Board will mark the filing confidential, which
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`will shield it from public view. Absent submission of a redacted copy, the Board
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`will take no further action with respect to opposer’s motion for expungement
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`If the amendment resolves this proceeding, opposer is allowed until thirty
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`days from the mailing date of this order to file a withdrawal of the opposition,
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`failing which the opposition will go forward on the application as amended. See
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`Trademark Rule 2.106(c).
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`If no response is filed, proceedings will be resumed and dates reset, as
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`appropriate.
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`Proceedings are otherwise suspended.
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`3
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