`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
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` Mailed: April 4, 2012
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`Cancellation No. 92054856
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`L.A. Gear, Inc
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`v.
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`d.rose store, Inc.
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`tlc
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`Robert H. Coggins,
`Interlocutory Attorney:
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`On March 9, 2012, respondent filed a consented motion to
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`amend subject Registration No. 3959944. By the proposed
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`amendment respondent seeks to delete "shoes" from the
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`identification of goods such that the remaining identification
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`would be:
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`Clothing, namely, jackets, shirts, pants, shorts, vests,
`jogging suits, warm up suits, caps, belts, socks,
`t shirts.
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`While the amendment is limiting in nature, and petitioner
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`consents thereto, as required under Trademark Rules 2.133(a)
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`and 2.173(e), the request to amend was neither (1) verified or
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`supported by a declaration under Trademark Rule 2.20, nor (2)
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`accompanied by the proper fee. See Trademark Rules 2.6(a)(11)
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`2.173(b)(1), and 2.173(b)(2). In view thereof, respondent is
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`Cancellation No. 92054856
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`allowed thirty days from the mailing date of this order to
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`submit the appropriate fee and declaration, failing which the
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`proposed amendment will be given no further consideration.
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`Dates remain as set. Inasmuch as petitioner's motion to
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`suspend was filed (and automatically granted via ESTTA) on
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`March 7, 2012, the deadline for initial disclosures, and the
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`motion fails to contemplate a new deadline for initial
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`disclosures, the Board presumes that the parties have
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`exchanged initial disclosures.1
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`1 See ESTTA Important User Guidelines, which direct filers not to
`use the ESTTA "contented motions" option to suspend when the next
`deadline is the due date for initial disclosures. The guidelines
`are available within ESTTA and at the following URL:
`http://www.uspto.gov/web/offices/dcom/ttab/ttab_notification.pdf
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`
`2
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