`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`General Contact Number: 571-272-8500
`
`Mailed: September 1, 2016
`
`Opposition No. 91219663
`
`Cirque du Soleil Holding USA, Inc.
`
`v.
`
`Goody Tickets LLC
`
`
`
`
`
`RK
`
`
`
`
`
`
`By the Trademark Trial and Appeal Board:
`
`On July 11, 2016, Applicant filed a consented motion to amend the mark
`
`in Application Serial No. 85841024. On July 18, 2016, the Board denied
`
`Applicant’s motion for leave to amend its application in the absence of a
`
`specimen demonstrating use of the newly proposed mark. On August 4, 2016,
`
`Applicant filed a substitute specimen reflecting use of the amended mark. On
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`August 15, 2016, the Board again denied the amendment for Applicant’s
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`failure to include an affidavit or declaration under Trademark Rule 2.20
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`verifying that the substitute specimen was in use in commerce at least as
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`early as the filing date of the application. On August 29, 2016, Applicant
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`resubmitted its amended drawing page and substitute specimens along with
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`the required declaration.
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`Inasmuch as the amendment to the drawing does not constitute an
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`impermissible material alteration to the mark, is supported by the substitute
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`
`
`
`
`Opposition No. 91219663
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`specimens filed under Trademark Rule 2.59(a), and is consented to by
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`Opposer, it is APPROVED and entered. See Trademark Rules 2.72(a) and
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`2.133(a).
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`The contingency in Opposer's withdrawal having now been met, the
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`opposition is DISMISSED without prejudice.
`
`* * *
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`
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`2
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`
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