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ESTTA Tracking number:
`
`ESTTA1339355
`
`Filing date:
`
`02/09/2024
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`91287762
`
`Party
`
`Correspondence
`address
`
`Defendant
`Born Active Ltd.
`
`EFREM SCHWALB
`KOFFSKY SCHWALB, LLC
`500 SEVENTH AVENUE, 8TH FLOOR
`NEW YORK, NY 10018
`UNITED STATES
`Primary email: eschwalb@koffskyschwalb.com
`Secondary email(s): tbenschar@koffskyschwalb.com
`646-553-1590
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Other Motions/Submissions
`
`Tal Benschar
`
`tbenschar@koffskyschwalb.com
`
`/Tal Benschar/
`
`02/09/2024
`
`Attachments
`
`Second Motion to Suspend Proceedings.pdf(265795 bytes )
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition No. 91287762
`Serial No. 97/425,201
`
`
`CONSENT MOTION TO FURTHER
`SUSPEND PROCEEDINGS FOR
`SETTLEMENT DISCUSSIONS
`
`
`
`In the Matter of Intent-to-Use
`Trade Mark Application
`for GRAVITY FITNESS and Design
`TOTAL GYM GLOBAL CORPORATION,
`
` Opposer
`
`v.
`
`BORN ACTIVE LTD.,
`
` Applicant.
`BORN ACTIVE LTD.,
`
` Counterclaim Petitioner.
`
`v.
`
`TOTAL GYM GLOBAL CORPORATION,
`
` Registrant.
`
`The proceedings herein having previously been suspended for 60-days so that the parties
`
`
`
`
`
`
`
`can engage in settlement discussions (Dkt. No. 8), and the parties having engaged in such
`
`discussions and needing additional time to discuss settlement, and in accordance with TBMP
`
`605.02, Applicant Born Active Ltd. hereby moves the Board to suspend proceedings for a further
`
`60 days, subject to the right of either party to request resumption at any time prior to the
`
`expiration of the suspension period, so that the parties can engage in settlement discussions.
`
`
`
`Opposer Total Gym Global Corporation has indicated through its counsel that it consents
`
`to the within motion.
`
`
`
`
`
`

`

`Dated: New York, New York
`
`February 9, 2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`KOFFSKY SCHWALB, LLC
`
`/s/ Tal S. Benschar
`Efrem Schwalb
`Tal S. Benschar
`500 Seventh Avenue, 8th Floor
`New York, New York 10018
`(646) 553-1590
`
`Attorneys for Applicant-Counterclaimant
`Born Active Ltd.
`
`
`

`

`CERTIFICATE OF SERVICE
`
`I am counsel for Applicant-Counterclaim Petitioner Born Active Ltd.
`
`On the execution date listed below, I served a copy of the within document upon
`
`1.
`
`2.
`
`counsel for Opposer-Counterclaim Petitioner via email to the following address(es):
`
`Stephen C. Beuerle
`PROCOPIO, CORY, HARGREAVES & SAVITCH LLP
`525 B Street
`Suite 2200
`San Diego, CA 92101
`Primary email: docketing@procopio.com
`Secondary email(s): IPLitCalendaring@procopio.com,
`geena.jackson@procopio.com, stephen.beuerle@procopio.com
`
`
`Dated: New York, New York
`
`February 9, 2024
`
`
`
`
`
`
`KOFFSKY SCHWALB, LLC
`
`
`/s/ Tal S. Benschar
`Efrem Schwalb
`Tal S. Benschar
`500 Seventh Avenue, 8th Floor
`New York, New York 10018
`(646) 553-1590
`
`Attorneys for Applicant-Counterclaimant
`Born Active Ltd.
`
`
`
`

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