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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: April 21, 2020
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`In re Lake Effect Ice Cream, LLC
`Serial No. 88164332
`Filed: 10/22/2018
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`Victoria von Vistauxx, Paralegal Specialist:
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`On April 17, 2020, Applicant filed a request to suspend pending a civil action. 4
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`TTABVUE.
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`Prior to the issuance of the Board’s decision in an ex parte appeal, proceedings
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`with respect to the appeal may be suspended upon written request by the applicant
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`for good cause shown. Cf. Trademark Rule 2.117(a). See also, TBMP § 1213.
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`The request to suspend is granted. Proceedings on the appeal are suspended
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`pending a final determination of Civil Action No. 1:19-cv-00224 filed in the United
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`States District Court for the Western District of New York.1
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`Within twenty days after the final determination of the civil action, Applicant
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`shall notify the Board so that this appeal may be called up for appropriate action.
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`1 In view of the instant order, Applicant’s request for extension of time (5 TTABVUE) filed
`on April 18, 2020 is moot and will receive no further consideration.
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`Exparte Appeal No. 88164332
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`Such notification to the Board should include a copy of any final order or final
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`judgment which issued in the civil action.2
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`During the suspension period, Applicant shall notify the Board of any address or
`email address changes for Applicant or its attorney.
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`2 A proceeding is considered to have been finally determined when an order or ruling that
`ends litigation has been rendered, and no appeal has been filed, or all appeals filed have been
`decided and the time for any further review has expired. Cf. TBMP § 510.02(b).
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`2
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