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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
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`Mailed: July 21, 2020
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`In re Lake Effect Ice Cream, LLC
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`Serial No. 88164332 (Consolidated)
`Serial No. 88164367
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`Both Filed: 10/22/2018
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`Victoria von Vistauxx, Paralegal Specialist:
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`Proceedings were suspended pending final determination of Civil Action No. 1:19-
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`cv-00224, which was filed in the United States District Court for the Western District
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`of New York. 11 TTABVUE.
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`On July 20, 2020, Applicant notified the Board of the final determination of the
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`subject civil action. 12 TABVUE. Applicant submitted a copy of the Court Order in
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`the civil action. Id., at 6. The Board notes that Applicant indicates that the Plaintiff
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`in the referenced civil action, namely, 199 Delaware Avenue, Inc., the owner of
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`Registration No. 3185742, which has been cited by the Trademark Examining
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`Attorney as a bar to registration of Applicant’s mark under Section 2(d) of the
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`Trademark Act, “has consented to the registration of the Applicant’s Mark.” Id.
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`However, Applicant did not submit a copy of the consent.
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`In view of the foregoing, Applicant is allowed until twenty (20) days from the
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`mailing date of this order in which to file a request for remand along with 199
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`Exparte Appeal Nos. 88164332 (Consolidated) 88164367
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`Delaware Avenue, Inc.’s written consent for consideration by the Trademark
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`Examining Attorney, failing which proceedings will resume and Applicant will be
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`allowed time to file a brief.
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`Proceedings otherwise remain suspended.
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`2
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