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`UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`TTAB Assistance Center: 571-272-8500
`General Email: TTABInfo@uspto.gov
`
`April 1, 2021
`
`Opposition No. 91264419
`
`ABG Juicy Couture, LLC
`
`v.
`
`Tarte, Inc.
`
`
`
`Rebecca Stempien Coyle, Interlocutory Attorney:
`
`On March 16, 2021, Applicant filed a proposed amendment to its application Serial
`
`No. 88595316, with Opposer’s consent.1
`
`By the proposed amendment, Applicant seeks to amend the identification of goods
`
`in International Class 32 as follows (additions in bold, deletions in strike -through):
`
`From:
`
`cosmetics; cosmetic preparations; cosmetic preparations for skin
`care; non-medicated skin care preparations; skin care preparations,
`namely, non-medicated skin care preparations, self-tanners, and
`self-tanning preparations; cosmetic creams; self tanners, namely,
`self-tanning preparations; cosmetic tanning preparations; self-
`tanning preparations; tanning creams; non-medicated sun care
`preparations; body oil; body powder; essential oils; cosmetic bags
`containing cosmetics; kits and gift sets comprised primarily of
`cosmetics and skin care preparations, namely, non-medicated skin
`care preparations, self-tanners, and self-tanning preparations; skin
`care products, namely, face oil, body oil, facial moisturizer, eye
`
`
`1 Applicant’s motion does not indicate proof of service of a copy of same on counsel for Opposer,
`as required by Trademark Rule 2.119. A copy of the motion can be viewed using TTABVUE
`at http://ttabvue.uspto.gov.
`2 The services in International Class 35 are not affected by this amendment and remain
`unchanged.
`
`
`
`
`
`Opposition No. 91264419
`
`
`cream, neck cream, facial masks, facial cleansers and makeup
`removers; nail polish; nail care preparations; non-medicated facial
`and body soap; fragrances.
`
`cosmetics; cosmetic preparations; cosmetic preparations for skin
`care; non-medicated skin care preparations; skin care preparations,
`namely, non-medicated skin care preparations, self-tanners, and
`self-tanning preparations; cosmetic creams; self tanners, namely,
`self-tanning preparations; cosmetic tanning preparations; self-
`tanning preparations; tanning creams; non-medicated sun care
`preparations; body oil; body powder; essential oils not sold as a
`component of fragrance; cosmetic bags containing cosmetics; kits
`and gift sets comprised primarily of cosmetics and skin care
`preparations, namely, non-medicated skin care preparations, self-
`tanners, and self-tanning preparations; skin care products, namely,
`face oil, body oil, facial moisturizer, eye cream, neck cream, facial
`masks, facial cleansers and makeup removers; nail polish; nail care
`preparations; non-medicated facial and body soap.
`
`
`To:
`
`
`
`Because the amendment is limiting in nature, as required by Trademark Rule
`
`2.71(a), and because Opposer consents to its entry, the amendment is approved and
`
`entered. See Trademark Rule 2.133(a).
`
`If the amendment resolves this proceeding, Opposer is allowed until thirty days
`
`from the date of this order to file a withdrawal of the opposition, failing which the
`
`opposition will go forward on the application as amended. See Trademark Rule
`
`2.106(c).
`
`If no response is filed, proceedings will be resumed and dates reset, as appropriate.
`
`Proceedings are otherwise suspended.
`
`
`
`2
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`
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