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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA660741
`ESTTA Tracking number:
`03/12/2015
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`85781180
`Big Apple Performing Arts, Inc.
`YOUTH PRIDE CHORUS
`PHILLIP A ROSENBERG
`KILPATRICK TOWNSEND & STOCKTON LLP
`1114 AVENUE OF THE AMERICAS, 21ST FLOOR, THE GRACE BUILDING
`NEW YORK, NY 10036-7703
`UNITED STATES
`NYTrademarks@KilpatrickTownsend.com, prosen-
`berg@kilpatricktownsend.com, agarcia@kilpatricktownsend.com
`Motion to Consolidated Ex Parte Appeals
`Motion to Consolidate Appeals (YPC).pdf(23746 bytes )
`Phillip A. Rosenberg
`NYTrademarks@KilpatrickTownsend.com, prosen-
`berg@kilpatricktownsend.com, agarcia@kilpatricktownsend.com
`/Phillip A. Rosenberg/
`03/12/2015
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`Proceeding
`Applicant
`Applied for Mark
`Correspondence
`Address
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`Submission
`Attachments
`Filer's Name
`Filer's e-mail
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`Signature
`Date
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`APPLICANT:
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`MARKS:
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`Big Apple Performing Arts, Inc.
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`YOUTH PRIDE CHORUS
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`SERIAL NOS.:
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`85/781,180
`85/781,188
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`APPLICANT’S MOTION TO CONSOLIDATE
`EX PARTE APPEALS
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`Applicant Big Apple Performing Arts, Inc. (“Applicant”) respectfully moves the Board to
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`consolidate the ex parte appeals for the two above-referenced applications (the “Applications”)
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`into a single, consolidated ex parte appeal (the “Consolidated Appeal”).
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`Consolidation is appropriate here because the trademarks at issue in the Applications
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`contain identical terms, the Applications belong to the same Applicant, and the appeals for the
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`Applications involve a common question of law and fact, namely, whether the marks underlying
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`the Applications are so highly descriptive as to preclude registration and whether Applicant has
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`shown sufficient evidence of acquired distinctiveness to warrant registration under Section 2(f)
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`of the Lanham Act. Additionally, consolidation is appropriate as it will save substantial time,
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`effort, and expense since the appeals concern the same issue. See Fed. R. Civ. P. 42(a); TBMP §
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`1214; In re Bacardi & Co., Ltd., 48 U.S.P.Q.2d 1031 (T.T.A.B. 1997); In re Pebble Beach Co.,
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`19 U.S.P.Q.2d 1687 (T.T.A.B. 1991).
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`Accordingly, Applicant respectfully requests that the Board grant the foregoing Motion to
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`Consolidate Ex Parte Appeals.
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`Respectfully submitted,
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`/Phillip A. Rosenberg/
`Jason M. Vogel
`Phillip A. Rosenberg
`KILPATRICK TOWNSEND & STOCKTON LLP
`The Grace Building
`1114 Avenue of the Americas
`New York NY 10036-7703
`(212) 775-8700
`Attorneys for Applicant
`Big Apple Performing Arts, Inc.
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`Dated: March 12, 2015
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`CERTIFICATE OF TRANSMITTAL
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`I hereby certify that a true copy of the foregoing APPLICANT’S MOTION TO
`CONSOLIDATE EX PARTE APPEALS is being filed electronically with the TTAB via ESTTA
`on this day, March 12, 2015.
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`/Alberto Garcia/
`Alberto Garcia

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