`
`ESTTA Tracking number:
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`ESTTA905908
`
`Filing date:
`
`06/27/2018
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91234267
`
`Party
`
`Correspondence
`Address
`
`Submission
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`Filer's Name
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`Filer's email
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`Signature
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`Date
`
`Attachments
`
`Defendant
`Futurevision, Ltd. DBA Medicine Man
`
`ALLISON E KERNDT
`NYEMASTER GOODE PC
`700 WALNUT STREET, SUITE 1600
`DES MOINES, IA 50309
`UNITED STATES
`Email: AKerndt@nyemaster.com
`
`Other Motions/Papers
`
`Allison E. Kerndt
`
`AKerndt@nyemaster.com, ptomail@nyemaster.com
`
`/Allison E. Kerndt/
`
`06/27/2018
`
`Stipulated Request to Amend Application and Stipulated Contingent Withdrawal
`of Opposition Without Prejudice.pdf(132209 bytes )
`
`
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`HANBEV.5985M
`
`
`TRADEMARK
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`Opposition No.: 91234267
`
`App. Serial No.: 86/918422
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`Mark:
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`
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`) ) ) ) ) ) ) )
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`MONSTER ENERGY COMPANY,
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`
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`Opposer,
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`v.
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`FUTUREVISION, LTD.,
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`
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`Applicant.
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`
`
`
`
`
`
`
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`
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`STIPULATED REQUEST TO AMEND APPLICATION AND STIPULATED CONTINGENT
`WITHDRAWAL OF OPPOSITION WITHOUT PREJUDICE
`
`
`Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`Dear Sir/Madam:
`
`
`
`The parties, through their undersigned counsel, jointly file this Stipulated Request to
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`Amend Application and Stipulated Contingent Withdrawal of Opposition.
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`
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`By and through this filing, Applicant, Applicant, LLC, hereby moves pursuant to 37
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`C.F.R. § 2.133(a) to amend U.S. Trademark Application Serial No. 86/918422 for the mark
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` (the “Application”) to delete Class 21 and Class 25 and the goods identified
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`therein (namely, “coffee mugs” and “clothing, namely, beanie caps, puff beanie caps,
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`baseball hat, short sleeve t-shirt, long sleeve t-shirt, women’s tshirts, hooded sweat shirt,
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`
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`zip sweat shirts, jackets”) from the Application, such that the only remaining goods and
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`services in the Application are:
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`In International Class 14: Ornamental pins, tie pins and pins being for jewelry
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`In International Class 34: Glass smoking pipes; Smoker’s articles, namely, keystones
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`for pipes; smoking pipes; cases for smoking pipes; tobacco grinders
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`
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`Opposer, Monster Energy Company, hereby consents to the foregoing amendment.
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`As this amendment does not expand the scope of the identification of goods, and as
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`Opposer has consented to this amendment, Applicant submits that it is in compliance with
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`the applicable rules. Additionally, contingent upon the Board’s approval of Applicant’s
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`motion to amend the Application as set forth above, Opposer notices the withdrawal of its
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`opposition to Application Serial No. 86/918422.
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`
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`WHEREFORE, the parties request that this Stipulated Request to Amend Application
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`be accepted, that the Board instruct the Commissioner for Trademarks to enter the
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`requested amendment in the Application, and the Opposition be dismissed without
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`prejudice.
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`Respectfully submitted this 27 day of June, 2018.
`
`__/s/ Allison E. Kerndt___________________
`
`Allison E. Kerndt
`Jeffrey D. Harty
`Nyemaster Goode, P.C.
`700 Walnut Street, Suite 1600
`Des Moines, Iowa 50309
`Telephone: (515) 283-3193
`Facsimile: (515) 283-3108
`Attorneys for Applicant
`Futurevision, Ltd. d/b/a Medicine Man
`
`
`
`
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`
`
`__/s/ Kimberly A. Kennedy_______
`
`Diane Reed
`Jonathan Menkes
`Kimberly A. Kennedy
`Knobbe Martens Olson & Bear LLP
`2040 Main Street, 14th Floor
`Irvine, California 92614
`Telephone: (949) 760-0404
`Facsimile: (949) 760-9502
`Attorneys for Opposer
`Monster Energy Company
`
`
`
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`CERTIFICATE OF SERVICE
`
`
`I hereby certify that I served a copy of the foregoing STIPULATED REQUEST TO
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`AMEND APPLICATION AND STIPULATED CONTINGENT WITHDRAWAL OF OPPOSITION
`upon Opposer’s counsel by electronic mail on June 27, 2018, addressed as follows:
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`
`
`Diane M. Reed, Esq.
`Knobbe Martens Olson & Bear LLP
`2040 Main Street, 14th Floor
`Irvine, CA 92614
`efiling@knobbe.com
`
`
`
`
` /s/ Allison E. Kerndt
`
`
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