ESTTA Tracking number:
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`ESTTA1333849
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`Filing date:
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`01/12/2024
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Ex Parte Appeal -
`Serial No.
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`90826666
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`Appellant
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`Kenzinc LLC
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`Applied for mark
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`SCOOP E-Z
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`Correspondence
`address
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`Submission
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`Attachments
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`Filer's name
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`Filer's email
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`Signature
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`Date
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`MARK FARBER
`FARBER LLC
`4 CORPORATE DRIVE
`SUITE 287
`SHELTON, CT 06484
`UNITED STATES
`Primary email: markfarber@farberllc.com
`Secondary email(s): j.winter@farberllc.com, jenn.welborn@farberllc.com,
`john.raffle@farberllc.com, docketing@farberllc.com, maur-
`een.silveira@farberllc.com
`203-286-5140
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`To file a main brief - second or subsequent request
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`2024-01-12 Amended EOT and Request for Remand.pdf(91092 bytes )
`Pages 1-2 FULLY EXECUTED CONSENT TO REGISTER SCOOP-
`EZ.pdf(296893 bytes )
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`Jonathan A. Winter
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`j.winter@farberllc.com, annemarie.cheverko@farberllc.com
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`/Jonathan A. Winter/
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`01/12/2024
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`

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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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`TRADEMARK
`KENZINC 7002 MF/JAW/AMC
`
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`Applicant
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`Kenzinc LLC
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`Serial No. 90/826666
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`Filing Date: July 13, 2021
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`Trademark
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`SCOOP E-Z
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`
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`Amended Request for Extension of Time With Good Cause and Request for
`Remand to Examiner
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`On August 15, 2023, Applicant, Kenzinc, LLC, filed a Notice of Appeal to the
`Trademark Trial and Appeal Board of the refusal to register Applicant’s standard
`character SCOOP E-Z mark (“Applicant’s Mark”) in Application Serial No. 9082666 (“the
`Application”). On October 26, 2023, the Office issued a denial of Applicant’s Request for
`Reconsideration. In view of this decision, the Trademark Trial and Appeal Board
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`resumed the appeal and allowed Applicant until December 25, 2023, in which to file its
`brief accompanied by the required fee (the “Appeal Brief”). As December 25, 2023 was
`a federal holiday, Applicant filed a Request for Extension of Time to file the Appeal Brief
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`on December 26, 2023.
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`On January 2, 2024 the Board issued an Order for Applicant to file within ten (10)
`days an amended request that sets forth a showing of good cause, including Appellant’s
`reasons for the requested extension.
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`Applicant requested a one (1) month extension of time to file the Appeal Brief
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`due to the following circumstances:
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`1. Applicant is in negotiations to obtain a consent agreement with the owner of
`U.S. Registration No. 1332231 and has now obtained such consent.
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`2. Jonathan A. Winter has been appointed as a new attorney in this application.
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`3. Applicant has not previously requested extensions of time.
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`1
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`Applicant’s counsel, Jonathan Winter has communicated with the Examining
`Attorney in the present application in which the Examining Attorney has agreed to a
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`remand of the application. A copy of the Consent of Aladdin Equipment Company is
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`attached.
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`Applicant hereby requests that the Board remand the present Application Serial
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`No. 90/826666 back to the Examining Attorney for consideration of the Consent
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`Agreement.
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`Respectfully submitted,
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`__________________________________________
`Jonathan A. Winter
`CT Bar Member No. 434819
`Attorneys for Applicant
`Farber LLC
`4 Corporate Drive, Suite 287
`Shelton, CT 06484
`Main (203) 286-5140
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`2
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`

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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicant: Kenzinc LLC
`
`Serial No.:
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`90/826,666
`
`Filed:
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`July 13, 2021
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`SCOOP E-Z
`Mark:
`
`
`Commissioner ofTrademarks
`P.O, Box 1451
`Alexandria, VA 22313-1451
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`CONSENT TO REGISTRATION
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`Kenzinc LLC, a Connecticut limitedliability company,(“Applicant”), is the record
`i.
`owner of U.S. App. Serial No. 90/826,666 for the standard character mark “SCOOP E-Z”as
`applied to, among other products and services, Class 021 a device, namely, an all-purpose portable
`householdcontainerincluding a scoop used for dispensing food substancesinto anothercontainer,
`such as bottles, milkjugs or bottles, coffee pots orfilters, tea kettles and other vessels (“Applicant’s
`Mark”and “Applicant’s Services”).
`
`Aladdin Equipment Company, a Florida corporation, (“Registrant”), is the record
`Zs
`owner of U.S, Reg. No. 1,332,231 for the standard character mark “E-Z SCOOP”asapplied to
`Class 021 a handled scoop for domestic use (“Registrant’s Mark”and “Registrant’s Services”).
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`The Examining Attorney assigned to Applicant’s App. Serial No. 90/826,666 has
`3,
`refused registration of Applicant’s Mark in Class 021 under Section 2(d) of the Lanham Act
`based on Registrant’s Mark in its Reg. No. 1,332,231.
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`In the reasonable exercise ofits business judgment and after due deliberation of
`4,
`the relevant facts, both Applicant and Registrant believe and have concludedthat thereis no
`likelihood of confusion or conflict between Applicant’s Mark used onor in connection with
`Applicant’s Goods and Registrant’s Mark used on orin connection with Registrant’s Goods and
`Services. Theparties’ belief is based on the fact that Applicant’s Mark and Registrant’s Mark
`are different in appearance, sound and meaning, Applicant’s Goods and Registrant’s Goods are
`substantially different and travel in different trade channels, the customers ofthe parties are
`sophisticated, the transactions betweenthe parties and their respective customers are not impulse
`purchasesbut, rather, involve substantial deliberation and customization and because the
`Applicant’s Mark and the Registrant’s Mark have coexisted in the marketplace for aboutsixteen
`(16) years without confusion.
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`Page 1 of 3
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`

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`Applicant agrees that they will not use their mark in association with any goods
`5.
`related to Aladdin Equipment Company pool productsor the goods referred to in the
`Registration.
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`Registrant hereby consents to the use and registration by Applicant of Applicant’s
`6,
`Mark for the Applicant’s Goods andservices on the Principal Register.
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`Dated: yews 1%024
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`Witness:
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`(0:
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`Dated:
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`/ 7 / pa
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`, 2024
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`ALADDIN EQUIPMENT COMPANY
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`
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`Its; C FO
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`KENZINC LLC
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`(cid:37)(cid:83)(cid:70)(cid:88)(cid:1)(cid:49)(cid:74)(cid:68)(cid:76)(cid:70)(cid:83)(cid:74)(cid:79)(cid:72)(cid:13)(cid:1)(cid:46)(cid:70)(cid:78)(cid:67)(cid:70)(cid:83)
`Drew Pickering, Member
`(}izjror
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`Its:
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`Witness:Caubech.Preifre.
`Gp?
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`Page 2 of 3
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