LW/IWDJ
`
`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
`
`August 16, 2022
`
`Cancellation No. 92079139
`
`New Sun, Inc.
`
`v.
`
`Portals Pharma, Inc.
`
`Denise M. DelGizzi, Chief Clerk of the Board:
`
`On July 29, 2022, Respondentfiled a proposed amendmentto its Registration No.
`
`6036356 in accordance with the parties’ coexistence agreement.
`
`By the proposed amendment, Respondent seeks to amend the goods and services
`
`in International Class 5 follows (deletions are indicated in steicethreveh, and
`
`additions are indicated in bold font):.
`
`From:
`
`
`
`
`
`supplement:—Yeast_detarsupplementsDietary supplements
`containing beta glucan
`
`To:
`
`Dietary supplements containing beta glucan
`
`The amendment complies with the requirements of Trademark Rule 2.173, and is
`
`limiting in nature. Moreover, Petitioner consents thereto. Accordingly,
`
`the
`
`amendment is approved. See Trademark Rule 2.133(a).
`
`
`
`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
`
`August 16, 2022
`
`Cancellation No. 92079139
`
`New Sun, Inc.
`
`v.
`
`Portals Pharma, Inc.
`
`Denise M. DelGizzi, Chief Clerk of the Board:
`
`On July 29, 2022, Respondentfiled a proposed amendmentto its Registration No.
`
`6036356 in accordance with the parties’ coexistence agreement.
`
`By the proposed amendment, Respondent seeks to amend the goods and services
`
`in International Class 5 follows (deletions are indicated in steicethreveh, and
`
`additions are indicated in bold font):.
`
`From:
`
`
`
`
`
`supplement:—Yeast_detarsupplementsDietary supplements
`containing beta glucan
`
`To:
`
`Dietary supplements containing beta glucan
`
`The amendment complies with the requirements of Trademark Rule 2.173, and is
`
`limiting in nature. Moreover, Petitioner consents thereto. Accordingly,
`
`the
`
`amendment is approved. See Trademark Rule 2.133(a).
`
`
`
`Cancellation No. 92079139
`
`The amendmentwill be forwarded to the Post Registration Branch of this Office
`
`for entry of the amendmentin accordance with Section 7(e) of the Trademark Act.!
`
`If the amendment resolves this proceeding,Petitioneris allowed until thirty days
`
`from the date of this order to file a withdrawal of the petition to cancel, failing
`
`which the petition to cancel will go forward on the registration as amended. See
`
`Trademark Rule 2.114(c).
`
`If no response is filed, proceedings will be resumed and dates reset, as appropriate.
`
`Proceedings are otherwise suspended.
`
`1 A copy of the Board’s order granting the amendment, and Respondent’s declaration, will be
`forwardedelectronically for uploading to the record of the registration.
`
`
`
`Trademark Trial and Appeal Board Electronic Filing System. htios://esttauspto.gov
`ESTTATracking number:
`ESTTA1225220
`Filing date:
`07/29/2022
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`eO7eTSe
`
`Party
`
`Correspondence
`address
`
`Defendant
`Portals Pharma,Inc.
`TYLER K. BERGER
`BERGER LAW FIRM, PLLC
`2727 SHELBY AVE, UNIT D
`DALLAS, TX 75219
`UNITED STATES
`Primary email: tyler@moneylawattorney.com
`Secondary email(s): wilson@moneylawattorney.com,
`olivia@moneylawattorney.com
`972-441-8921
`
`
`
`Filer's email
`
`Motion to Amend Registration (Requires a Fee and a Declaration)
`TylerK Barger
`tyler@moneylawattorney.com, olivia@moneylawattorney.com,
`wilson@moneylawattorney.com
`The signatory being warned thatwillful false statements and the like are punish-
`Declaration and
`able by fine or imprisonment, or both, under 18 U.S.C. 1001, and that such will-
`signature of re-
`ful false statements and the like may jeopardize the validity of the application or
`gistrant or attor-
`ney for registrant|submission or any registration resulting therefrom, declares that the facts set
`forth above aretrue, all statements madeof his or her own knowledge are true,
`and all statements made on information and belief are believed to be true.
`
`/Tyler K Berger/
`o7/Bara0ee
`
`Attachments
`
`Portals Pharma New Sun Consented Motion to Amend and Suspena.pdf(79825
`bytes }
`
`Registration subject to the submission
`
`
`sports;Nutraceuticals for use as a dietary supplement; Yeast dietary supplements
`
`
`
`Registration no. Registration date|04/21/20206036356
`
`
`
`Registrant
`
`Portals Pharma,Inc.
`233 MT. AIRY ROAD, SUITE 100
`BASKING RIDGE, NJ 07920
`UNITED STATES
`Email: eric.zalamea@portalspharma.com
`
`Goods/services subject to the submission
`
`Glass 005. First Use: Sep 21, 2007 First Use In Commerce: Sep 21, 2007
`Requested goods and services in the class: Dietary supplements; Dietary supplements for humans
`and animals; Dietary and nutritional supplements; Dietary and nutritional supplements for endurance
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`NEW SUN, INC.
`
`CANCELLATION NO. 92079139
`
`Petitioner,
`
`REGISTRATIONNO.6036356
`
`y.
`
`MARK: L LIFE SOURCE BASICS
`
`PUBLISHED: APRIL21, 2020
`
`PORTALS PHARMA,INC.
`
`Respondent.
`
`CONSENT MOTION TO AMEND REGISTRANT'S IDENTIFICATION OF SERVICES
`
`AND TO SUSPEND PROCEEDINGS
`
`Pursuant to 37 C.F.R. § 2.133 and § 514 of the Trademark Board Manual of Procedure,
`
`Respondent Portals Pharma, Inc, hereby respectfully moves the Board to amend the opposed
`
`registration at issue in the instant case, specifically, the identification of goods and services
`
`contained therein, in accordance with the Parties’ Trademark Coexistence Agreement.
`
`Respondent requests the following changes to Registration No. 6036356 (proposed new
`
`language underlined and proposed language for deletion stricken through).
`
`
`
`supplements containing beta glucan.
`
`As grounds for this motion, Respondent states that the above proposed amendments
`
`accurately convey the goods and services that Respondent offers and intends to offer in
`
`conjunction with the mark L LIFE SOURCE BASICS, which is the subject of the registration at
`
`
`
`issue in this matter. Moreover, and in compliance with 37 C.FR. § 2.71(a), the proposed
`
`amendments serve to clarify and limit but in no way broaden the identification of the goods and
`
`services.
`
`Petitioner has applied for registration of the mark “Life Source,” Application No.
`
`90506904 (“Petitioner’s Mark’) in International Class 005 for “Health food Supplements”
`
`Respondent does not object to the registration of Petitioner’s Mark, and,
`
`if this Motion is
`
`accepted, Respondent respectfully proffers that Respondent’s Amended Identification of Services
`
`should obviate any potential consumer confusion regarding the relatedness of the Respondent’s
`
`and Petitioner’s goods provided in connection with their respective Marks.
`
`WHEREFORE, Respondent respectfully requests that the Board amend the opposed
`
`application in the manner described above.
`
`Additionally,
`
`the Respondent requests that, while the Motion to Amend Registrant’s
`
`Identification of Services
`
`is pending before the Board,
`
`this Cancellation Proceeding be
`
`suspended until a decision regarding the Respondent’s Motion to Amend Registrant’s
`
`Identification of Services has been reached.
`
`Date: July 26, 2022
`
`Respectfully submitted,
`
`4s/ Tyler K Berger
`Tyler K Berger, Esq.
`Texas Bar No. 24082223
`Texas Bar Admittance 2012
`Berger Law Firm, PLLC
`2727 Shelby Ave, Unit B
`Dallas, TX 75219
`(972) 441-8921
`tyler@moneylawattomey.com
`
`ATTORNEY FOR RESPONDENT
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned counsel certifies that a copy of the foregoing Motion was served upon the
`
`following party via electronic mail on July 26, 2022:
`
`Anthony J. Biller
`2601 Oberlin Rd, Ste 100
`Raleigh, NC 27608
`(919) 755-1317
`ajbiller@envisage law
`
`ATTORNEY FOR PETITIONER
`
`4s/ Tyler K Berger
`Tyler K Berger, Esq.
`Texas Bar No. 24082223
`Berger Law Firm, PLLC
`2727 Shelby Ave, Unit B
`Dallas, TX 75219
`(972) 441-8921
`tyler@moneylawattommey.com
`
`ATTORNEY FOR RESPONDENT
`
`
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