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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: August 10, 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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`On July 21, 2020, the Board suspended proceedings and allowed Applicant time
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`to provide a copy of the “Consent Agreement” entered between Applicant and the
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`owner of Registration No. 3185742, cited by the Trademark Examining Attorney
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`against registration of Applicant’s applied-for mark. 13 TTABVUE. On August 6,
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`2020, Applicant’s filed a copy of the referenced agreement and a request for remand.
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`14 TTABVUE.
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` Applicant seeks remand so that the Trademark Examining Attorney may review
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`the parties’ agreement. Additionally, Applicant seeks to introduce this evidence into
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`the record of the involved applications. Accordingly, good cause having been now
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`shown, the request for remand is granted. However, request for reconsideration of
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`the refusal to register requires consideration by the Examiner.
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`In view thereof, proceedings are suspended and the electronic record of the
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`application files are remanded to the Examining attorney for consideration of
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`Exparte Appeal Nos. 88164332 and 88164367
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`Applicant’s request.
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`In the event that registrability is found on the basis of the additional evidence,
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`the appeal will be moot and the Board should be so informed. In the event refusal is
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`maintained, a brief office action, excluding the usual language allowing Applicant six
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`months to respond, should be issued, the files should be returned to the Board.
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`Proceedings will be resumed, and Applicant will be allowed time to file a brief.
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