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`ESTTA Tracking number:
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`ESTTA1011253
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`Filing date:
`
`10/25/2019
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding
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`Party
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`Correspondence
`Address
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`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
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`91246620
`
`Defendant
`SAX B
`
`ASHLEY B. SPERAU
`SAX B
`447 VALLEY ROAD NW
`ATLANTA, GA 30305
`UNITED STATES
`brooke@shopsaxb.com
`404-406-5337
`
`Motion to Dismiss 2.132
`
`ashley Sperau
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`brookesperau@gmail.com
`
`/ashley sperau/
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`10/25/2019
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`Attachments
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`20191024 SAX B DRAFT Motion to Dismiss.pdf(76329 bytes )
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`
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In the Matter of Application Serial No. 87/858,586 for the Mark: SAX B
`PUBLISHED IN THE OFFICIAL GAZETTE ON AUGUST 28, 2018
`
`
`SAKS & COMPANY LLC,
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`Opposer,
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`v.
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`SAX B, LLC,
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`Applicant.
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`Opposition No. 91246620
`
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`MOTION TO DISMISS OPPOSITION PROCEEDING AS MOOT
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`Applicant SAX B LLC moves to dismiss this Opposition Proceeding No. 91246620. As
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`grounds therefor, SAX B LLC states as follows:
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`1. SAX B LLC’s trademark application Serial Number 87/858,586 for federal
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`registration of the mark “SAX B” is the subject of this Opposition Proceeding.
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`2. On October 24, 2019, applicant SAX B LLC withdrew its trademark application Serial
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`Number 87/858,586 for the standard character mark “SAX B” in Class 18 for Goods and
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`Services of “Handbags, purses and wallets” by filing a WITHDRAWAL OF TRADEMARK
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`APPLICATION in this Opposition Proceeding.
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`3. In light of SAX B LLC’s withdrawal of the subject trademark application that forms a
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`basis of this Opposition Proceeding, Opposer’s allegations of Likelihood of Confusion, Dilution,
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`and False Association are moot.
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`SAX B LLC therefore respectfully requests that the Trademark Trial and Appeal Board
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`dismiss Opposition Proceeding No. 91246620 as moot.
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`
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`
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`Dated: October 25, 2019
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`SAX B LLC
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`By: /Ashley Brooke Chaplin-Sperau/
`Ashley Brooke Chaplin-Sperau
`Owner/ Operator SAX B
`brookesperau@gmail.com
`447 Valley Rd. NW Atlanta, GA 30305
`Telephone: 404-406-5337
`
`
`- 2 -
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`
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`CERTIFICATE OF SERVICE
`
`I, Ashley Brooke Chaplin-Sperau, hereby certify that on October 24, 2019, I
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`
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`served a true and correct copy of the foregoing MOTION TO DISMISS OPPOSITION
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`PROCEEDING AS MOOT by electronic mail upon:
`
`Melanie J. Howard
`Sara J. Crisafulli
`10100 Santa Monica Boulevard, Suite 2200
`Los Angeles, CA 90067
`Telephone: (310) 282-2000
`Email: tmlit@loeb.com; mhoward@loeb.com; scrisafulli@loeb.com
`
`Counsel for Opposer
`Saks & Company LLC
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`/Ashley Brooke Chaplin-Sperau/
`Ashley Brooke Chaplin-Sperau
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