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`GMM/lw
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`General Contact Number: 571-272-8500
`General Email: TTABInfo@uspto.gov
`
`March 2, 2020
`
`Opposition No. 91248094
`
`Michael Zaletel
`
`v.
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`
`
`By the Trademark Trial and Appeal Board:
`
`Captis Intelligence, Inc.
`
`On November 21, 2019, Applicant filed a proposed amendment of its application
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`Serial No. 87927840, with Opposer’s consent and Opposer’s withdrawal of the opposition
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`with prejudice, contingent upon entry of the amendment.1
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`Applicant has filed an intent-to-use application under Trademark Act Section 1(b)
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`seeking registration of the mark I4 in standard characters for “providing surveillance
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`and crime investigation services for the purposes of crime prevention using facial
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`recognition technologies and social media” in International Class 45.
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`By the proposed amendment, Applicant seeks to amend the drawing of the mark as
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`follows:
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`
`1 Applicant’s submission did not include proof of service, as required by Trademark Rule
`2.119(b). Even though the submission is stipulated to by the parties, the party filing the
`stipulation must include proof of service. Nevertheless, the Board exercises its discretion to
`consider the filing, a copy of which can be viewed using in TTABVUE electronic docket for
`this proceeding at http://ttabvue.uspto.gov.
`
`
`
`
`
`
`Opposition No. 91248094
`
`
`From:
`
`To:
`
`I4
`
`I-4.
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`An amendment to the description or drawing of the mark in an intent-to-use
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`application will be accepted if “[t]he proposed amendment does not materially alter
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`the mark.”2 Trademark Rule 2.72(b)(2). The Office will determine whether a proposed
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`amendment materially alters a mark by comparing the proposed amendment with
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`the drawing of the mark filed with the original application. Id. The controlling
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`question is whether the old and new forms of the mark create essentially the same
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`commercial impression. See Jack Wolfskin Ausrustung Fur Draussen GmbH & Co.
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`KGAA v. New Millennium Sports, S.L.U., 797 F.3d 1363, 116 USPQ2d 1129, 1132 n.1
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`(Fed. Cir. 2015); see also TRADEMARK MANUAL OF EXAMINING PROCEDURE (TMEP)
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`§ 807.14 (Oct. 2018).
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`Here, the addition of a hyphen between the letter “I” and the number “4” does not
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`materially alter the mark. See TMEP 807.14(d) (stating that addition or deletion of
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`punctuation, such as hyphens, “generally does not significantly alter the commercial
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`impression of the mark”); see also In re Innovative Cos., LLC, 88 USPQ2d 1095 (TTAB
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`2008) (finding amendment from “FREEDOMSTONE” to “FREEDOM STONE” not to
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`be a material alteration); Paris Glove of Can., Ltd. v. SBC/Sporto Corp., 84 USPQ2d
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`2 Applicant is reminded, however, that the specimen filed with its statement of use must
`show use of the mark as amended. Trademark Rule 2.72(b)(1).
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`
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`2
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`
`
`Opposition No. 91248094
`
`1856, 1862 (TTAB 2007) (finding “AQUASTOP” depicted on one line in semicircular
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`form not to be a material alteration of “AQUA STOP” depicted on two lines in
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`rectangular form).
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`Accordingly, Applicant’s motion to amend is granted, and the amendment of the
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`mark is accepted. A substitute drawing will be uploaded to the application file.
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`The contingency in Opposer’s withdrawal of the opposing having been satisfied,
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`the opposition is dismissed with prejudice in accordance with the agreement of the
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`parties.
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`3
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