`
`ESTTA Tracking number:
`
`ESTTA1016711
`
`Filing date:
`
`11/19/2019
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91242256
`
`Party
`
`Correspondence
`Address
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Defendant
`I Love Sugar, Inc.
`
`PHILIP Y BRAGINSKY
`TARTER KRINSKY & DROGIN LLP
`1350 BROADWAY
`NEW YORK, NY 10018
`UNITED STATES
`tmdocket@tarterkrinsky.com, pbraginsky@tarterkrinsky.com
`212-216-8000
`
`Other Motions/Papers
`
`Philip Braginsky
`
`tmdocket@tarterkrinsky.com, pbraginsky@tarterkrinsky.com
`
`/Philip Braginsky/
`
`11/19/2019
`
`Attachments
`
`01962936.PDF(83710 bytes )
`
`
`
`
`
`HANBEV.8098M
`
`TRADEMARK
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`MONSTER ENERGY COMPANY,
`
`Opposer,
`
`v.
`
`Opposition No.: 91242256
`
`Serial No.: 87/704766
`
`Mark: LICORICE MONSTER
`
`)
`)
`)
`)
`)
`)
`)
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`)
`)
`Applicant.
` _____________________________________________ )
`
`I LOVE SUGAR, INC,
`
`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
`
`Amend Application and Stipulated Contingent Withdrawal of Opposition.
`
`By and through this filing, Applicant, I Love Sugar, Inc. (“Applicant”), hereby moves
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`pursuant to 37 C.F.R. § 2.133(a) to amend U.S. Trademark Application Serial No. 87/704766 for
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`the mark LICORICE MONSTER (the “Application”) to amend the description of goods in Class
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`30 and to delete Class 35. The goods description should be amended as follows:
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`Class 25 [No Change]: Clothing, namely, t-shirts, tank tops, sweat shirts, sweatpants,
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`jackets, hats, caps being headwear, swimwear apparel, active wear apparel in the nature of
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`shirts, pants, jackets, and swimwear apparel
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`Class 30: Candies; confectionery made of sugar and sugar substitutes, all of the foregoing
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`
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`1
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`
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`excluding energy candies, energy foods, and any products marketed or positioned as
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`energy candies or energy foods
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`Class 35 [Delete in entirety]: Retail store services featuring candy, bulk candy, novelty
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`candy, confectionery based goods, chocolate, clothing, accessories and gift items
`
`Opposer, Monster Energy Company (“Opposer”), hereby consents to the foregoing
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`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 the
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`applicable rules. Additionally, contingent upon the Board’s approval of Applicant’s motion to
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`amend the Application as set forth above, Opposer notices the withdrawal of its opposition to the
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`Application.
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`WHEREFORE, the parties request that this Stipulated Request to Amend Application be
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`accepted, that the Board instruct the Commissioner for Trademarks to enter the requested
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`amendment in the Application, and the Opposition be dismissed with prejudice.
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`Respectfully submitted this _18th___ day of November 2019.
`
`
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`2
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`
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`/Philip Y. Braginsky/
`Philip Y. Braginsky
`Tarter Krinsky & Drogin LLP
`1350 Broadway New York, NY 10018
`Telephone: (212) 216-8065
`Facsimile: (212) 216-8001
`Attorney for Applicant
`I Love Sugar, Inc.
`
`/Jonathan A. Menkes/
`Diane M. Reed
`Matthew S. Bellinger
`Jonathan A. Menkes
`Knobbe Martens Olson & Bear LLP
`2040 Main Street, 14th Floor
`Irvine, California 92614
`Telephone: (949) 760-0404
`Facsimile: (949) 760-9502
`
`Aryeh Feinstein
`1717 Pennsylvania Ave. N.W., Ste. 900
`Washington D.C. 20006
`(202) 640-6400
`efiling@knobbe.com
`
`Attorneys for Opposer
`Monster Energy Company
`
`
`
`3
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`
`
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`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and complete copy of the foregoing STIPULATED REQUEST
`
`TO AMEND APPLICATION AND STIPULATED CONTINGENT WITHDRAWAL OF
`
`OPPOSITION WITHOUT PREJUDICE has been served on Opposer’s counsel of record on
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`November 18, 2019 via electronic mail to:
`
`Matthew S. Bellinger
`Jonathan A. Menkes
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`efiling@knobbe.com
`MEC.TTAB@knobbe.com
`
`Signature: /Amie Campbell/ _______________
`
`Name: Amie Campbell ___________________
`
`Date: November 18, 2019
`
`
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`4
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`5
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