`
`ESTTA Tracking number:
`
`ESTTA1233301
`
`Filing date:
`
`09/02/2022
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`91271196
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Plaintiff
`Under Armour, Inc.
`
`DOUGLAS A. RETTEW
`FINNEGAN HENDERSON FARABOW GARRETT & DUNNER, LLP
`901 NEW YORK AVENUE, NW
`WASHINGTON, DC 20001
`UNITED STATES
`Primary email: docketing@finnegan.com
`Secondary email(s): doug.rettew@finnegan.com,
`anna.naydonov@finnegan.com, patrick.rodgers@finnegan.com, TTAB-Leg-
`al-Assistants@finnegan.com
`202-408-4000
`
`Withdrawal of Opposition
`
`Douglas A. Rettew
`
`docketing@finnegan.com, doug.rettew@finnegan.com,
`patrick.rodgers@finnegan.com, rosie.norwood-kelly@finnegan.com, TTAB-Leg-
`al-Assistants@finnegan.com
`
`/Douglas A. Rettew/
`
`09/02/2022
`
`2022-09-02 Combined Contingent Withdrawal and Amendment of Applicatio
`n.pdf(289158 bytes )
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`Opposer
`
`
`
`v.
`
`Applicant
`
`
`UNDER ARMOUR, INC.,
`
`
`
`
`
`MORRIS RICKS II,
`
`
`
`
`
`
`
`Opposition No. 91271196
`
`Application Serial No. 90167936
`Filed: September 9, 2020
`
`Mark:
`
`
`
`
`
`
`
`COMBINED CONTINGENT WITHDRAWAL
`OF OPPOSITION AND AMENDMENT OF APPLICATION
`
`Under Armour, Inc. and Applicant Morris Ricks II (collectively, the “Parties”) have
`
`reached an agreement to resolve this matter. The Parties therefore respectfully request that
`
`the Board amend Application Serial No. 90167936 as follows (additions shown in
`
`Bold/Underline):
`
`Shirts; Pants; Jackets; Hats; Shorts; Underwear; Socks; Scarfs; Swimwear;
`Sports Jerseys; Vests, none of the foregoing for, or for use in connection
`with products designed and marketed to enhance athletic/fitness
`performance or products intended to be used while participating in
`athletics, sports, or fitness
`
`for a final description of goods:
`
`
`Shirts; Pants; Jackets; Hats; Shorts; Underwear; Socks; Scarfs; Swimwear;
`Sports Jerseys; Vests, none of the foregoing for, or for use in connection with
`products designed and marketed to enhance athletic/fitness performance or
`products intended to be used while participating in athletics, sports, or fitness
`in Class 25
`
`The proposed amendment is limiting in nature and not a material alteration of the mark,
`
`and thus it complies with 37 CFR § 2.173 and 15 U.S.C. § 1057. This request to amend has been
`
`
`
`verified and signed in accordance with 37 CFR § 2.913(e)(6). Opposer consents to the entry of
`
`the above amendment in accordance with Trademark Rule 2.133.
`
`Applicant states that the above proposed amendment accurately conveys the goods it
`
`intends to use in connection with the applied-for
`
` mark. Further, in
`
`compliance with 37 CFR §2.71(a), the proposed amendment clarifies and/or limits, but in no way
`
`broadens the identification of goods.
`
`The Parties also stipulate, contingent upon entry of the above amendment to
`
`Application Serial No. 90167936, to the dismissal of this opposition with prejudice.
`
`
`
`
`
`
`
`
`
`MORRIS RICKS II
`
` / Evan Sheres /
`Evan Sheres
`THE CONCEPT LAW GROUP, P.A.
`6400 North Andrews Avenue, Suite 500
`Fort Lauderdale, Florida 33309
`754-300-1500 Phone
`
`info@conceptlaw.com
`esheres@conceptlaw.com
`
`
`
`
`
`
`
`
`Date: September 2, 2022
`
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`UNDER ARMOUR, INC.
`
` / Douglas A. Rettew /
`Douglas A. Rettew
` Patrick J. Rodgers
` Rosie Norwood-Kelly
`FINNEGAN, HENDERsSON, FARABOW,
` GARRETT & DUNNER, LLP
`901 New York Avenue, NW
`Washington, DC 20001-4413
`202-408-4000 Phone
`
`docketing@finnegan.com
`doug.rettew@finnegan.com
`patrick.rodgers@finnegan.com
`rosie.norwood-kelly@finnegan.com
`TTAB-Legal-Assistants@finnegan.com
`
`
`Date: September 2, 2022
`
`
`
`2
`
`
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I certify that a true and accurate copy of the foregoing COMBINED CONTINGENT
`
`WITHDRAWAL OF OPPOSITION AND AMENDMENT OF APPLICATION was served by
`
`e-mail on September 2, on counsel for Applicant at the following address of record:
`
`
`
`
`
`
`
`Evan Sheres
`THE CONCEPT LAW GROUP, P.A.
`6400 North Andrews Avenue, Suite 500
`Fort Lauderdale, Florida 33309
`
`info@conceptlaw.com
`esheres@conceptlaw.com
`
`
` / Judy Valusek /
`Trademark Legal Assistant
`
`
`
`
`
`
`
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
