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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
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`August 11, 2020
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`Opposition No. 91256546
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`BlackBerry Limited
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`v.
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`CyAlliance, LLC
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`By the Trademark Trial and Appeal Board:
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`On July 20, 2020, Applicant filed a proposed amendment to its involved
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`application Serial No. 88719827, in accordance with the parties’ agreement.
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`4 TTABVUE. On July 21, 2020, Opposer filed its withdrawal without prejudice of the
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`opposition, based on the parties’ agreement. 5 TTABVUE.
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`By the proposed amendment, Applicant seeks to amend the subject application by
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`deleting the opposed International Class 42 in its entirety.
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`In an opposition to an application having multiple classes, if the applicant files a
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`request to amend the application to delete an opposed class in its entirety, the request
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`for amendment is, in effect, an abandonment of the application with respect to that
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`class and is governed by Trademark Rule 2.135. See TBMP § 602.01 (June 2020).
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`Trademark Rule 2.135 provides that if, in an inter partes proceeding, the applicant
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`Opposition No. 91256546
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`files an abandonment without the written consent of every adverse party to the
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`proceeding, judgment shall be entered against the applicant.
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`Here, because of the close proximity of the parties’ filings, as well as Opposer’s
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`statement that the parties have reached a settlement, the Board presumes that the
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`separate filings are intended to settle this case, but Applicant’s filing does not include
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`the written consent of Opposer.
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`In view thereof, Applicant is allowed TWENTY DAYS from the date of this order
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`to submit Opposer’s written consent to the abandonment of the application with
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`respect to International Class 42, failing which judgment will be entered against
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`Applicant as to International Class 42 and registration to Applicant for the services
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`in this class will be refused.
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`Proceedings are otherwise suspended.
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`2
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