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`Ferrell
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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
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`November 30, 2023
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`Concurrent Use No. 94003144
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`Innovative Management Solutions, Inc.
`(Application Serial No. 97421883)
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`v.
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`Pamela Manley
`(Registration No. 5450906)
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`
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`By the Trademark Trial and Appeal Board:
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`In its July 27, 2023, the Board provided time for the parties to clarify whether
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`Innovative Management Solutions, Inc. (“Applicant”) is amending its application to
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`seek a geographically unrestricted registration.1 On August 26, 2023, Applicant
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`responded with its notice of “intent to amend” the application to seek a geographically
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`unrestricted registration.2
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`First, when a party to an inter partes proceeding before the Board files a
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`submission required by 37 C.F.R.§ 2.119(a) to be served upon every other party to the
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`1 5 TTABVUE 3. Citations to the Board record refer to TTABVUE, the Board’s online
`docketing system. See Turdin v. Trilobite, Ltd., 109 USPQ2d 1473, 1476 n.6 (TTAB 2014).
`Specifically, the number preceding “TTABVUE” corresponds to the docket entry number, and
`any number(s) following “TTABVUE” refer to the page number(s) of the docket entry where
`the cited materials appear.
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`2 6 TTABVUE.
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`Concurrent Use No. 94003144
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`proceeding, the party filing the submission must include proof that the required
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`service has been made and such proof ordinarily must be submitted before the filing
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`will be considered by the Board. Occasionally, in order to expedite matters, the Board
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`will provide a link to the database where a copy of the filing can be viewed. Applicant’s
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`filing is not accompanied by a certificate of service. In this instance, and to expedite
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`matters,the Board exercises its discretion and will consider the filing, however, strict
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`compliance is required in all future submissions filed with the Board. 3
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`Second, Applicant’s submission does not indicate Pamela Manley’s (“Registrant”)
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`express consent to amendment of Applicant’s application to one seeking
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`geographically unrestricted registration. 37 C.F.R. § 2.133(a); see also TBMP 514.01.
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`While the parties did not explicitly include geographic restrictions in their
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`“Concurrent Use and Co-Existence Agreement” (“Agreement”), the declarations
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`attached to the Agreement each include the following statement: Applicant and
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`Registrant “have used their respective marks in connection with substantially
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`different geographic areas, as [Registrant] primarily operates in Georgia, whereas
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`[Applicant] operates throughout the country and globally.” 4 Accordingly, without a
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`statement of Registrant’s express consent, it is still unclear whether the parties have
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`agreed to geographically restricted concurrent use registrations or to geographically
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`unrestricted coexisting registrations.
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`3 A copy of the filing can be viewed using TTABVUE at http://ttabvue.uspto.gov.
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`4 3 TTABVUE 7-8.
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`2
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`Concurrent Use No. 94003144
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`In view of the foregoing, the parties are allowed until THIRTY DAYS from the
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`date of this order to inform the Board whether Registrant expressly consents to
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`Applicant’s proposed amendment to its application to seek a geographically
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`unrestricted registration.
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`Proceedings otherwise remain suspended.
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`3
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