throbber
ESTTA Tracking number:
`
`ESTTA1320856
`
`Filing date:
`
`11/08/2023
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`91287462
`
`Party
`
`Correspondence
`address
`
`Defendant
`Korea Agro-Fisheries Trade Corporation and Korea Forest Service, Government
`Agency
`
`G MATHEW LOMBARD
`LOMBARD & GELIEBTER LLP
`230 PARK AVE
`4 FLOOR WEST
`NEW YORK, NY 10169
`UNITED STATES
`Primary email: mlombard@lgtrademark.com
`Secondary email(s): ipdocket@lombardip.com, uspto@dockettrak.com
`917-779-9967
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Other Motions/Submissions
`
`G. Mathew Lombard
`
`mlombard@lgtrademark.com
`
`/g mathew lombard/
`
`11/08/2023
`
`Attachments
`
`Motion to Amend-Withdraw with Consent_Executed.pdf(286707 bytes )
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`Opposition No. 91287462
`
`Application Serial No. 79352283
`
`
`
`WELLNESS PET, LLC
`
`
`Opposer,
`
`v.
`
`
`KOREA AGRO-FISHERIES
`
`
`—and—
`
`KOREA FOREST SERVICE,
`
`
`Applicants.
`
`CONSENTED MOTION TO AMEND IDENTIFICATION
`
`AND WITHDRAW OPPOSITION
`
`
`
`
`
`
`
`
`
`Pursuant to TBMP § 514.02, 37 CFR § 2.133, with Opposer’s express consent, Applicant
`
`moves to amend the identification of goods in Application No. 79352283 as shown below
`
`(deleted goods shown in bold and strikethrough):
`
`Preserved mushrooms; preserved truffles; preserved shiitake mushrooms; dried
`edible mushrooms; processed chestnuts; dried persimmons; dried fruits; dried
`fruit mixes; dried vegetables; preserved fruits; preserved vegetable in Class 29;
`and
`
`Fresh potatoes; fresh mushrooms; roots for food for animal consumption; fresh
`truffles; fresh vegetables; fresh persimmons; fresh citrus fruit; fresh hazelnuts;
`fresh peanuts; fresh chestnuts; fresh watermelons; fresh fruit; fresh berries, fresh
`fruits; fresh almonds; fresh plums; mushroom spawn for propagation in Class 31.
`
`
`
`
`
`Accordingly, the final, operative identification of goods in Application Serial No.
`
`79352283 will read as follows:
`
`
`
`

`

`
`
`
`
`Preserved mushrooms; preserved truffles; preserved shiitake mushrooms; dried
`edible mushrooms; processed chestnuts; dried persimmons; dried fruits; dried
`fruit mixes; dried vegetables; preserved fruits; preserved vegetable in Class 29;
`and
`
`Fresh potatoes; fresh mushrooms; fresh truffles; fresh vegetables; fresh
`persimmons; fresh citrus fruit; fresh hazelnuts; fresh peanuts; fresh chestnuts;
`fresh watermelons; fresh fruit; fresh berries, fresh fruits; fresh almonds; fresh
`plums; mushroom spawn for propagation in Class 31.
`
`Furthermore, pursuant to TBMP § 601.01, 37 CFR § 2.106(c), upon approval of the
`
`proposed amendment by the Board, Opposer withdraws its Notice of Opposition.
`
`The Parties indicate their consent to said amendment of the application and withdrawal of
`
`the Notice of Opposition by signature of the parties’ counsel below.
`
`As the amendment deletes a good from the original identification, the requested
`
`amendment permissibly narrows the scope of the Class 31 recitation, and is therefore permitted.
`
`No changes have been made to Class 29.
`
`When a request to amend an application or registration that is the subject of a Board
`
`inter partes proceeding is made with the consent of the other party, and the proposed
`
`amendment is in accordance with the applicable rules and statutory provisions, the request
`
`ordinarily will be approved by the Board. TBMP § 514.02.
`
`When a consented motion to amend the application or registration that is the subject of a
`
`Board inter partes proceeding is filed in lieu of an Answer (as is the case here), the parties
`
`should not file a subsequent scheduling motion until the Board determines the motion to
`
`amend. In such a situation, when a consented motion to amend is pending, the Board will not
`
`issue a notice of default. Id; cf. TBMP § 312.01.
`
`
`
`
`
`4880-7340-9167, v. 2
`
`

`

`
`
`WHEREFORE, Applicants, with Opposer’s consent, request:
`
`1.
`
`2.
`
`That the goods in the subject application be amended as indicated above; and
`
`Once the amendment is approved by the Board, the instant opposition be
`
`withdrawn pursuant to TBMP § 601.01 and 37 CFR § 2.106(c).
`
`
`
`Dated: November 8, 2023
`
`Respectfully submitted,
`
`LOMBARD & GELIEBTER LLP
`
`
`By: ____________________________
` G. Mathew Lombard
` 230 Park Avenue
` 4th Floor West
` New York, NY 10169
` 917.779.9967 (telephone)
` 646.349.5567 (facsimile)
` mlombard@lgtrademark.com
` Attorneys for Applicants
`
`
`
`MCNEES WALLACE & NURICK LLC
`
`By: ____/Lois B. Duquette/___________
` Lois B. Duquette
` 100 Pine Street
` Harrisburg, PA 17101
`
` 717.232.8000 (telephone)
` 717.237.5300 (facsimile)
` lduquette@mcneeslaw.com
` Attorneys for Opposer
`
`
`
`4880-7340-9167, v. 2
`
`

`

`CERTIFICATE OF SERVICE
`
`
`
`I hereby certify that the foregoing CONSENTED MOTION TO AMEND
`
`IDENTIFICATION AND WITHDRAW OPPOSITION was served on counsel for
`Opposer by email, as required by C.F.R. § 2.119 and TBMP § 113.04, on
`November 8, 2023, at:
`
`
`Lois B. Duquette, Esq.
`MCNEES WALLACE & NURICK LLC
`
`100 Pine Street
`Harrisburg, Pennsylvania 17101
`
`trademarks@mcneeslaw.com
`lduquette@mcneeslaw.com
`tgulick@mcneeslaw.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`By: ________________________
` G. Mathew Lombard
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

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.

throbber

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.

Become a Member

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

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket