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ESTTA Tracking number:
`
`ESTTA1411228
`
`Filing date:
`
`01/28/2025
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`91295310
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Plaintiff
`Chanel, Inc.
`
`SHELBY P. ROKITO
`FROSS ZELNICK LEHRMAN & ZISSU, P.C.
`151 WEST 42ND STREET, 17TH FLOOR
`NEW YORK, NY 10036
`UNITED STATES
`Primary email: srokito@fzlz.com
`Secondary email(s): bsolomon@fzlz.com, ttabfiling@fzlz.com
`212-813-5900
`
`Other Motions/Submissions
`
`Barbara A. Solomon
`
`bsolomon@fzlz.com, srokito@fzlz.com, ttabfiling@fzlz.com
`
`/Barbara A. Solomon/
`
`01/28/2025
`
`Motion on Consent to Permit Post-Publication Amendments Suspend Oppos
`ition MIMICOCO.pdf(105502 bytes )
`
`

`

`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`In re Application Ser. No.: 98/330,901
`Trademark: MIMICOCO
`Published in the Official Gazette on May 28, 2024
`
`
`CHANEL, INC.,
`
`
`
`
`
`
`
`
`Opposer,
`
`Opposition No. 91295310
`
`
`
`-against-
`
`
`JME & CO. NYC, LLC,
`
`
`
`
`
`
`
`Applicant.
`
`
`
`
`
`
`MOTION ON CONSENT (a) TO PERMIT POST-PUBLICATION
`AMENDMENT; (b) TO SUSPEND OPPOSITION; and (c) FOR CONDITIONAL
`DISMISSAL OF OPPOSITION WITHOUT PREJUDICE OR ENTRY OF JUDGMENT
`
`Opposer Chanel, Inc. and Applicant JME & Co. NYC, LLC by their respective counsel
`
`jointly move to amend by post-publication amendment the identification of the Class 3 goods in
`
`Applicant’s pending application to register MIMICOCO, Application S.N. 98/330,901, which is
`
`the subject of the above-identified Opposition; to suspend the Opposition pending the Board’s
`
`review of the amendment; and to dismiss the Opposition without prejudice and without entry of
`
`judgment against either party, upon the acceptance of all of the amendments.
`
`Applicant, with the consent of Opposer, requests the following amendment to the Class 3
`
`goods listed in the opposed application:
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`Class 3: amend so as to delete the goods shown in the strikethroughs below:
`
`“Aromatherapy sprays comprised of essential oils; Bar soap; Bath bombs;
`Beauty lotions; Body lotions; Body scrub; Body scrubs; Bubble bath;
`Cosmetics; Essential oils for aromatherapy use; Essential oils for personal
`use; Facial lotion; Facial scrubs; Foot scrubs; Hair mousse; Hair shampoos
`and conditioners; Hair styling gel; Hair styling preparations; Hair styling
`
`
`
`

`

`
`
`spray; Hand lotions; Hand scrubs; Non-medicated hair serums; Non-
`medicated hand soaps; Non-medicated skin care creams and lotions; Oils
`for hair conditioning; Scented linen sprays; Shower gel; Shower gels”
`
`As amended, the narrowed description of the Class 3 goods in the opposed application
`
`reads as follows:
`
`Class 3: Bar soap; Bath bombs; Beauty lotions; Body lotions; Body scrub; Body scrubs;
`Bubble bath; Facial lotion; Facial scrubs; Foot scrubs; Hair mousse; Hair shampoos and
`conditioners; Hair styling gel; Hair styling preparations; Hair styling spray; Hand lotions;
`Hand scrubs; Non-medicated hair serums; Non-medicated hand soaps; Non-medicated
`skin care creams and lotions; Oils for hair conditioning; Shower gel; Shower gels 1
`
`
`Because the proposed amendment deletes goods from the existing description in Class 3,
`
`the amendment serves to narrow the goods in the opposed application. As such, no re-
`
`publication is required and the amendments are permissible pursuant to TMEP 1505.03(b) and
`
`TBMP 514.02.
`
`The parties also jointly move to suspend the Opposition pending review and acceptance
`
`of the proposed amendment. Upon the approval and entry of the above-proposed amendment to
`
`Application S.N. 98/330,901, the parties stipulate to the dismissal of the Opposition without
`
`prejudice and without entry of judgment against either party.
`
`1 The opposition was not addressed to and there are no changes to the goods in Classes 9, 11, 21
`and 28 of the opposed Application..
`
`
`
`
`4910-1975-8867, v. 1
`
`2
`
`

`

`Dated: Cincinnati, Ohio
`
`January 27, 2025
`
`
`THOMPSON HINE, L.L.P.
`
`
`By: /s/ Theodore R. Remaklus________
`
`Theodore R. Remaklus
`312 Walnut Street Suite 2000
`Cincinnati, OH 45202
`Tel.: (513) 352-6700
`Ted.Remaklus@thompsonhine.com
`
`Attorneys for Applicant
`
`
`
`
`
`
`
`
`
`
`
`
`Dated: New York, New York
`
`January 28, 2025
`
`
`FROSS ZELNICK LEHRMAN & ZISSU, P.C.
`
`
`/s/ Barbara A. Solomon
`By:
`Barbara Solomon
`
`Shelby Rokito
`
`151 West 42nd Street, 17th Floor
`New York, New York 10036
`Tel: (212) 813-5900
`bsolomon@fzlz.com
`srokito@fzlz.com
`
`Attorneys for Opposer
`
`
`
`
`
`3
`
`
`4910-1975-8867, v. 1
`
`

`

`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on this 28th day of January, 2025, a true and correct copy of the foregoing
`MOTION ON CONSENT (a) TO PERMIT POST-PUBLICATION AMENDMENT; (b) TO
`SUSPEND OPPOSITION; and (c) FOR CONDITIONAL DISMISSAL OF OPPOSITION
`WITHOUT PREJUDICE OR ENTRY OF JUDGMENT was served on counsel for Applicant by
`email at the following address:
`
`
`THEODORE R. REMAKLUS
`THOMPSON HINE LLP
`312 WALNUT STREET, SUITE 2000
`CINCINNATI, OHIO UNITED STATES 45202-4024
`Ted.Remaklus@thompsonhine.com
`Julie.Valdes@thompsonhine.com
`Docket@thompsonhine.com
`
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` /s/ Barbara A. Solomon
`
`
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` Barbara A. Solomon
`
`
`4910-1975-8867, v. 1
`
`
`
`

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