`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
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` Mailed: April 4, 2007
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`Opposition No. 91173684
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`
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`The Guardian Life Insurance
`Company of America
` v.
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`Ansell Limited
`
`
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`Baez/coggins
`
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`
`
`
`Thomas W. Wellington
`Interlocutory Attorney,
`Trademark Trial and Appeal Board:
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`On February 15, 2007, applicant filed a proposed
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`
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`amendment to its application Serial No. 78725054, with
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`opposer's consent. By the proposed amendment applicant seeks
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`to change the recitation of services in International Classes
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`035 and 041 from:
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`"Business consultancy services relating to manufacturing;
`business management advice relating to manufacturing
`businesses; business consultation and advice in the area
`of stock control services; business consultation and
`advice in the area of productivity and cost performance
`analysis; advisory, consulting and information services
`relating to all of the aforesaid business consulting
`services; Professional efficiency experts consultancy
`relating to manufacturing efficiency" in Class 035; and
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`“Educational services in the nature of one-on-one
`training and training services in the fields of Injury
`Prevention, Training of others, SKU Reduction, Controls,
`Standardization, Productivity and Cost Performance;
`advisory, consultancy and information services relating
`to the aforesaid educational and training services” in
`Class 041;
`
`
`
`
`Opposition No. 91173684
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`to:
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`
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`"Business consultancy services relating to the use of
`personal protective equipment and clothing in the field
`of manufacturing; business management advice relating to
`the use of personal protective equipment and clothing in
`the field of manufacturing businesses; business
`consultation and advice in the area of controlling stock
`of personal protective equipment and clothing; business
`consultation and advice in the area of productivity and
`cost performance analysis with respect to personal
`protective equipment and clothing; advisory, consulting
`and information services relating to all of the aforesaid
`business consulting services; professional efficiency
`experts consultancy relating to manufacturing efficiency
`in the field of personal protective equipment and
`clothing” in Class 035; and
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`“Educational services in the nature of one-on-one
`training and training services in the fields of injury
`prevention by manufacturers’ selection and use of the
`appropriate personal protective equipment and clothing,
`training of others regarding proper selection and use of
`personal protective equipment and clothing, SKU reduction
`in the field of personal protective equipment and
`clothing, controls with respect to access to and usage of
`personal protective equipment and clothing,
`standardization of personal protective equipment and
`clothing, productivity and cost performance improvements
`achieved by proper selection and use of personal
`protective equipment and clothing; advisory, consultancy
`and information services relating to the aforesaid
`educational and training services” in Class 041.
`
`
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`Inasmuch as the amendment is clearly limiting in nature
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`as required by Trademark Rule 2.71(b), and because opposer
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`consents thereto, it is approved and entered.1 See Trademark
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`Rule 2.133(a).
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`
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`If this resolves the dispute herein, opposer is allowed
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`until thirty days from the mailing date of this order to file
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`1 The recitation of services for International Class 042 remains
`unchanged.
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`2
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`
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`Opposition No. 91173684
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`a withdrawal of the opposition, failing which the opposition
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`will go forward on the application as amended. See Trademark
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`Rule 2.106(c).
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`It is further noted that applicant's answer is due June
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`8, 2007, pursuant to an April 4, 2007 Board order. The
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`discovery deadline and trial dates remain as reset by Board in
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`a separate order dated April 4, 2007.2
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`***
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`2 Applicant’s April 4, 2007 motions to extend the time to file its answer and to extend discovery and trial
`periods are noted and approved by ESTTA on April 4, 2007, respectively.
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`3
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