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`Adh/am
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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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`October 25, 2021
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`Opposition No. 91270558
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`Walmart Apollo, LLC
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`v.
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`Watts, Martin James
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`
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`Ashley D. Hayes, Interlocutory Attorney:
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`On September 1, 2021, pursuant to the parties’ co-existence agreement, Applicant
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`filed a proposed amendment to his application Serial No. 88924800, with Opposer’s
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`consent. 6 TTABVUE. Under separate cover, on September 23, 2021, Opposer
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`submitted its consent to the proposed amendment,1 7 TTABVUE, as well as a
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`consented motion to suspend this proceeding pending the parties’ settlement efforts.
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`8 TTABVUE.
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`By the proposed amendment, Applicant seeks to amend the identification of goods
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`as follows:2
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`1 Although Opposer consented to the same amended identification, but without the term
`“portable” at the beginning of the identification, 7 TTABVUE 2, the Board notes that the
`identification proposed by Applicant was the agreed identification set forth in the parties’
`coexistence agreement. 6 TTABVUE 6. In view thereof, the Board presumes that the missing
`term in Opposer’s September 23, 2021 submission was a typographical error, and construes
`Opposer’s submission as consent to Applicant’s proposed identification of goods.
`2 The proposed wording is shown in bold type font.
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`Opposition No. 91270558
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`From: Sinks
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`To:
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` Portable sinks, namely, sink units comprised of a sink with an on
`demand hot water system, cabinet, countertop and long faucet
`handles; portable sinks for temporary installation comprised of
`a sink unit comprised of a sink with an on-demand hot water
`system, cabinet, countertop and long faucet handles
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`
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`The amendment is limiting in nature, as required by Trademark Rule 2.71(a).
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`Because Opposer consents thereto, the amendment is approved and entered. See
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`Trademark Rule 2.133(a).
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`If the amendment resolves this proceeding, Opposer is allowed until Thirty (30)
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`Days from the date of this order to file a withdrawal of the opposition, failing which
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`the opposition will go forward on the application as amended. See Trademark Rule
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`2.106(c).
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`If no response is filed, proceedings will be resumed and dates reset, as appropriate.
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`Proceedings are otherwise SUSPENDED.3
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`3 In view of the foregoing, Opposer’s consent motion (filed September 23, 2021), 8 TTABVUE,
`to suspend and to reset the trial schedule is moot. The Board will reset the trial schedule as
`necessary if the opposition is not withdrawn.
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`2
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