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`ESTTA Tracking number:
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`ESTTA1204585
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`Filing date:
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`04/22/2022
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding no.
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`91266968
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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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`Attachments
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`Defendant
`Lumeon Ltd
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`DONNA A. TOBIN
`ROYER COOPER COHEN BRAUNFELD LLP
`1120 AVENUE OF THE AMERICAS
`4TH FLOOR
`NEW YORK, NY 10036
`UNITED STATES
`Primary email: DTobin@rccblaw.com
`Secondary email(s): Trademarks@rccblaw.com
`212-994-0454
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`Motion to Suspend for Settlement Discussions
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`Donna A. Tobin
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`DTobin@rccblaw.com
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`/Donna A. Tobin/
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`04/22/2022
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`Consent Motion for Suspension for Settlement Opposition Proceeding No
`91266968.PDF(171216 bytes )
`Exhibit A Status Report Opposition Proceeding No 91266968.PDF(147469 bytes
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`TRADEMARK TRIAL AND APPEAL BOARD
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`CVS Pharmacy, Inc.
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`Opposer,
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`v.
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`L umeon Ltd.
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` Applicant
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`Opposition No. 91266968
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`Mark: L Design
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`Application No. 88630708
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`Application Date: September 25, 2019
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`Consent Motion for Suspension for Settlement
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`Opposer, CVS Pharmacy, Inc. (“Opposer” or “CVS”) and Applicant, Lumeon Ltd.
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`(“Applicant”) are parties to the above opposition proceeding.
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`Applicant, received consent from counsel for CVS to file a Consent Motion for Suspension
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`for Settlement for sixty (60) days in the above proceeding on April 20, 2022.
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`Accordingly, we respectfully ask that the Motion to Suspend be granted and that the proceeding
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`be reset to resume on June 22, 2022.
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`In addition, the parties request that this proceeding be suspended for 60 days from April
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`22, 2022 as all issues between them have been resolved but the parties need additional time to
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`finalize their settlement and obtain signatures.
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`Applicant has secured the express consent of all other parties to this proceeding for the
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`suspension and resetting of dates as requested herein.
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`{01162393.v1 }
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`Further, in the last order, dated February 23, 2022, the Board requested that the parties
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`provide a report regarding their settlement efforts. Attached hereto as Exhibit A is the Status
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`Report requested by the Board.
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`Respectfully Submitted,
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`/Donna A. Tobin/
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`Donna A. Tobin
`Royer Cooper Cohen Braunfeld LLC
`1120 Avenue of the Americas, 4th Floor
`New York, NY 10036
`Telephone: 212.994.0454
`dtobin@rccblaw.com
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`Dated: April 22, 2022
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`{01162393.v1 }
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a true copy of the foregoing submission has been served
`upon all parties at their address of record via email this 22nd day of April 2022 as follows:
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`
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`MIRIAM D. TRUDELL
`SHERIDAN ROSS P.C.
`1560 Broadway, Suite 1200
`Denver, CO 80202
`mtrudell@sheridanross.com
`cbryce@sheridanross.com, sstavish@sheridanross.com,
`skmiller@sheridanross.com docketing@sheridanross.com
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`{01162393.v1 }
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`EXHIBIT A
`EXHIBIT A
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`{01162389.v1 }
`{01162389.v1 }
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` Exhibit A: Status Re port to Conse nt Motion
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`Pursuant to the Board’s order dated February 23, 2022, the parties were requested to provide the
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`following information:
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`A. All dates on which the parties communicated, and the method of each communication (e.g.
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`telephone conferences, emails, in-person meetings):
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`Response: The parties have communicated throughout this proceeding and most recently have
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`exchanged emails on April 12, 2022, April 18, 2022, and April 20, 2022. During the April 20, 2022
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`email correspondence, counsel for Opposer CVS Pharmacy Inc. (“CVS”) stated that CVS had
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`approved the parties’ settlement agreement.
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`B. The general nature of each communication:
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`Response: The parties have been exchanging drafts of a settlement agreement, and needed time to
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`make revisions concerning geographic scope and scope of goods and services relating to Applicant
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`Lumeon Ltd.’s use of mark.
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`C. The issues that have been resolved:
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`Response: All issues have been resolved but the parties need additional time to finalize the agreement
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`and obtain signatures.
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`D. The issues that remain to be resolved or that remain for trial:
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`Response: None.
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`E. A proposed timetable for resolution of the remaining issues:
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`{01162389.v1 }
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`Response: None required. All issues have been resolved but the parties need additional time to
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`finalize the agreement and obtain signatures and have therefore requested a sixty (60) day suspension
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`of this Opposition proceeding.
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`{01162389.v1 }
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