In re Lake Effect Ice Cream, LLC, 88164332, No. 7 (T.T.A.B. Apr. 22, 2020)

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In re Lake Effect Ice Cream, LLC, 88164332, No. 7 (T.T.A.B. Apr. 22, 2020)

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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 22, 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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`This order supercedes the Board’s April 21, 2020 order which issued separately in
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`the above-identified applications. A review of the application records reveals that the
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`issues involved therein are similar: both marks consist of the wording LAKE EFFECT
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`ARTISAN ICE CREAM (although one has a design element), they cover the same
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`goods and services, and the Section 2(d) refusal involves the same cited registration.
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`Accordingly, in light of the similarity of the records and issues in these cases, the
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`Board finds it appropriate to sua sponte consolidate these appeals. See, e.g., In re
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`Bacardi & Co. Ltd., 48 USPQ2d 1031, 1033 (TTAB 1997) (Board sua sponte
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`considered appeals in five applications together and rendered single opinion); see also
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`TBMP § 1203.02 (June 2019).
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`In view thereof, application Serial Nos. 88164332 and 88164367 are hereby
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`consolidated, and may be presented in the same brief. The brief should bear the
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`Exparte Appeal Nos. 88164332 and 88164367
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`serial numbers of each consolidated application, and a copy of the brief should be
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`submitted for each application. Also, these cases may be argued together if a request
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`for oral hearing is filed.
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`Applicant is allowed until 30 days from the mailing date of this order to file
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`with the Board a copy of the Answer and a statement informing the Board of the
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`status of the civil action which occasioned suspension of the appeal.
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`Proceedings remain otherwise suspended pending final disposition of the civil
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`action.1
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`1 During the suspension period, the Board may request a status update from Applicant.
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`2
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