`ESTTA1280678
`04/25/2023
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`ESTTA Tracking number:
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`Filing date:
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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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`91277404
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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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`Defendant
`HungryPanda Ltd.
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`DAVID H. HOWARD
`SANDBERG PHOENIX & VON GONTARD P.C.
`120 S. CENTRAL AVENUE
`SUITE 1600
`CLAYTON, MO 63105
`UNITED STATES
`Primary email: trademarks@sandbergphoenix.com
`Secondary email(s): bcreley@sandbergphoenix.com,
`jsoifer@sandbergphoenix.com
`314-725-9100
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`Other Motions/Submissions
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`Jason C. Schmidt
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`jschmidt@sandbergphoenix.com, jsoifer@sandbergphoenix.com, trade-
`marks@sandbergphoenix.com, dconrad@sandbergphoenix.com
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`/Jason C. Schmidt/
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`04/25/2023
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`Attachments
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`HungryPanda Consent Motion AS FILED 21996765.pdf(19356 bytes )
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRAIL AND APPEAL BOARD
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`Opposition No(s). 91276244
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`91270798
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`91277404
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`In re Application of:
`Applicant
`HUNGRYPANDA US INC.
`Serial. No. 88435427
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`Mark:
`HUNGRYPANDA
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`Pub. Date: February 2, 2021
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`Panda Restaurant Group, Inc.
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`HungryPanda Ltd,
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` Applicant.
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`Commissioner for Trademarks
`Attn: Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
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`APPLICANT’S MOTION FOR AMENDMENT
`WITH CONSENT
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`COMES NOW Hungry Panda Ltd (“HungryPanda,” “Respondent,” and/or
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`“Applicant”) in the above-captioned action, by and through its undersigned counsel, and
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`with consent of Panda Restaurant Group, Inc. (“PRG” and/or “Opposer”)(collectively, the
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`“Parties”), pursuant to 37 C.F.R. § 2.133, and as prescribed by Trademark Trial and
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`Appeal Board Manual of Procedure 514.02, hereby respectfully requests the following:
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`21996765.v1
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`1.
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`The Parties are currently embroiled in multiple proceedings before the
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`Board, namely Opposition Nos. 91276244, 91270798, and 91277404 (collectively,
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`“Oppositions”).
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`2.
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`3.
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`To resolve said Oppositions, the Parties have agreed to terms of settlement.
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`One such term requires HungryPanda to, by consent, reclassify the services
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`in pending application, U.S. Application Serial No. 88435427, from those currently
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`listed under International Class 043 into International Class 039 as appropriate.
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`4.
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`As designated by TBMP 514.02, the appropriate mechanism by which to
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`amend the recitation of services in pending applications is by a consented Motion
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`to the Board.
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`5.
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`When a request to amend applications or registrations that are the subject
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`of a Board inter partes proceedings is made with the consent of the other party or
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`parties, and the proposed amendments are in accordance with the applicable rules
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`and statutory provisions, the request ordinarily will be approved by the Board.
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`WHEREFOR, Applicant prays as follows:
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`I.
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`That in Application Serial No. 88/435,427, the services in IC 043 be amended
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`as follows:
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`Current: Providing food and drink ordered via the Internet, computer
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`software, websites, applications, and mobile phones
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`Proposed: Deleted
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`21996765.v1
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`II.
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`That in Application Serial No. 88/435,427, the services in IC 039 be amended
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`as follows:
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`Current: Delivery of food by restaurants.
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`Proposed: Delivery of food and drinks ordered via the Internet, computer
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`software, websites, applications, and mobile phones
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`Dated: April 25, 2023
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`Respectfully Submitted,
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`SANDBERG PHOENIX & VON GONTARD P.C.
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` Jason C. Schmidt
` 120 S. Central Avenue, Suite 1600
` Clayton, MO 63105
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` PH: 314-725-9100
` F: 314-241-7604
` jschmidt@sandbergphoenix.com
` Attorney for Applicant
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`21996765.v1
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`CERTIFICATE OF SERVICE
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`I certify that on April 25, 2023, I served a copy of the above APPLICANT’S
`MOTION FOR AMENDMENT WITH CONSENT to all attorneys of record via the following
`e-mail addresses:
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`Attorneys for Opposer
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`Jeffrey A. Kobulnick
`LEWITT, HACKMAN, SHAPIRO, MARSHALL & HARLAN,
`A Professional Corporation
`16633 Ventura Boulevard, 11th floor
`Encino, CA 91436
`Telephone: (818) 907-9030
`Facsimile: (818) 981-4764
`jkobulnick@lewitthackman.com
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`Attorneys for Opposer
`PANDA RESTAURANT GROUP, INC.
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`/Jason C. Schmidt /
`Attorney for Applicant
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`21996765.v1
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