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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
`
`April 17, 2024
`
`Opposition No. 91285721
`
`Monster Energy Company
`
`v.
`
`Hershey Creamery Company
`
`
`
`By the Trademark Trial and Appeal Board:
`
`On April 3, 2024, Opposer filed the parties’ stipulated proposed amendment to
`
`Applicant’s involved application Serial No. 97255868, and Opposer's withdrawal of
`
`the opposition without prejudice, contingent upon entry of the amendment.
`
`By the proposed amendment, Applicant seeks to amend the identification of goods
`
`in International Class 30 as follows (deletions shown with strikethrough; additions
`
`shown in bold):
`
`From:
`
`Push up frozen confections; ice cream; frozen dessert or confection in a
`tube, with or without a stick
`
`
`To:
`
`
`
`Ice cream; push up frozen confections, namely, freezer pops and
`freezer bars
`
`The amendment is limiting in nature, as required by Trademark Rule 2.71(a).
`
`Because Opposer consents thereto, the amendment is approved and entered. See
`
`Trademark Rule 2.133(a).
`
`
`
`
`
`Opposition No. 91285721
`
`
`The contingency in Opposer's withdrawal having now been met, the opposition is
`
`dismissed without prejudice in accordance with the agreement between the parties.
`
`
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`2
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