Trademark Trial and Appeal Board Electronic Filing System. http.//estta.uspto.gov
`ESTTA Tracking number: ESTTA1086879
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`Filing date: 10/06/2020
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding 91249939
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`Party Defendant
`Forever Beauty NY, LLC
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`Correspondence MATTHEW L FRISBEE
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`Address LEASON ELLIS LLP
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`1 BARKER AVENUE 5TH FL
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`WHITE PLAINS, NY 10601
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`UNITED STATES
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`Primary Email: frisbee@leasonellis.com
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`Secondary Email(s): lelitdocketing@leasonellis.com
`914-821-3090
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`Submission Other Motions/Papers
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`Filer's Name Matthew L. Frisbee
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`Filer's email frisbee@leasonellis.com, lelitdocketing@leasonellis.com
`Signature /Matthew L. Frisbee/
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`Date 10/06/2020
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`Attachments 02586366.PDF(61103 bytes )
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`____________________________________________________________________ X
`THE BODY SHOP INTERNATIONAL LIMITED, .
`Opposer,
`V. Opposition No. 91249939
`FOREVER BEAUTY NY, LLC, Application No. 87/776,306
`Applicant.
`____________________________________________________________________ X
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`MOTION ON CONSENT TO AMEND APPLICATION
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`On July 7, 2020, Applicant filed a MOTION ON CONSENT TO EXPRESSLY
`WITHDRAW AMENDMENT TO ALLEGE USE AND AMEND APPLICATION regarding its
`Application No. 87/776,306 (the “Application”). On September 24, 2020, the Trademark Trial
`and Appeal Board issued an order requiring Applicant to submit (1) a declaration pursuant to
`Section 1(b)(3), and (2) a drawing of the amended mark. Applicant responds as follows:
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`Applicant, with consent of Opposer, reiterates that it expressly withdraws the Amendment
`to Allege Use that was filed on February 12, 2019, deleting the use basis under Section 1(a) and
`substituting it with an intent-to-use basis under Section 1(b). Applicant further requests that, with
`consent of Opposer, its Application be amended by: (1) modifying the mark from THE BEAUTY
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`SHOP to BEAUTY SHOP, as shown in the revised drawing below.
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`{10825/619628-000/02577180.1}
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`DRAWING PAGE
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`MARK: BEAUTY SHOP
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`The mark is in standard characters and no claim is made to any particular font style, size, or
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`color.
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`{10825/619628-000/02577180.1}
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`DECLARATION
`The Applicant has a bona fide intention to use the mark BEAUTY SHOP in commerce and
`had a bona fide intention to use the mark BEAUTY SHOP in commerce in connection with the
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`goods recited in the Application as of the Application filing date.
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`e The signatory believes that the Applicant is entitled to use the mark in commerce;
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`e The Applicant has a bona fide intention to use the mark in commerce on or in connection
`with the goods in the Application; and
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`e To the best of the signatory’s knowledge and belief, the facts recited in the Application
`are accurate.
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`e To the best of the signatory’s knowledge and belief, no other persons have the right to
`use the mark in commerce, either in the identical form or in such near resemblance as to
`be likely, when used on or in connection with the goods/services of such other persons, to
`cause confusion or mistake, or to deceive.
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`e To the best of the signatory’s knowledge, information, and belief, formed after an inquiry
`reasonable under the circumstances, the allegations and other factual contentions made
`above have evidentiary support.
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`The signatory being warned that willful false statements and the like are punishable by fine or
`imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the
`like may jeopardize the validity of the application or submission or any registration resulting
`therefrom, declares that and all statements in the application and this submission made on
`information and belief are believed to be true.
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`Respectfully submitted,
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`/Matthew L. Frisbee/
`Matthew L. Frisbee
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`LEASON ELLIS LLP
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`One Barker Avenue, Fifth Floor
`White Plains, New York 10601
`Phone: (914) 288-0022
`Facsimile: (914) 288-0023
`E-mail: frisbee@leasonellis.com
`lelitdocketing @leasonellis.com
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`Attorneys for Applicant Forever Beauty
`NY, LLC
`Dated: October 6, 2020
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`{10825/619628-000/02577180.1}
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and correct copy of the foregoing MOTION ON
`CONSENT TO AMEND APPLICATION was served by e-mail upon the attorneys for Opposer,
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`this 6 day of October, 2020, addressed as follows:
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`michelle.wilco @alston.com
`holly.saporito(@alston.com
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`/Matthew L. Frisbee/
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`Matthew L. Frisbee
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`{10825/619628-000/02577180.1}
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