Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA438351
`ESTTA Tracking number:
`10/28/2011
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91197815
`Defendant
`Tesco Stores Ltd.
`FRANK S. BENJAMIN
`MCKENNA LONG & ALDRIDGE LLP
`303 PEACHTREE ST STE 5300
`ATLANTA, GA 30308-3265
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`mlaip@mckennalong.com
`Other Motions/Papers
`Frank S. Benjamin
`mlaip@mckennalong.com
`/Frank S. Benjamin/
`10/28/2011
`ConsentMotiontoAmendandDismiss77044437.pdf ( 5 pages )(186032 bytes )
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Application Serial No. 77l044,437
`For the mark: FRESH & EASY and Design
`
`fresh &easy
`
`
`
`Filed: November 15, 2006
`Published: June 15, 2010
`
`<
`
`Tesco Stores Ltd.
`
`Applicant.
`
`Opposition No. 91197815
`
`\-—/\-"\—/\—/\./\-._/\_/\-_/
`
`J
`
`CONSENT MOTION TO AMEND AND DISMISS WITHOUT PREJUDICE
`
`Applicant, Tesco Stores Ltd., and Opposer, Apple Inc., jointly move the Board under 37
`
`CFR. §2.l33(a) and T_B_M_P_ §§5l4.01 and 514.02 to amend the description of the goods and
`
`services of Application Number 77/044,437 (the “Application”) and, if all of the requested
`
`amendments are entered, to dismiss Opposition No. 91197315 without prejudice.
`
`The parties respectfully request that the Board grant this motion to amend the description
`
`of the goods and services for the Application as set forth below. The requested amendments
`
`involve deletions or further limitations on the goods and services, and not expansions or other
`
`changes. As such, all of the requested amendments should be granted.
`
`

`
`In Classes 16, 35 and 36 of the Application, Tesco requests that the goods and services be
`
`amended as follows:
`
`
`Class 16:
`-:
`-
`:. --
`:.
`-
`--=;--- :.
`-
`--
`;parchmentpaper;
`
`paper napkins; paper tablecloths; paper doilies; paper filters for coffee makers; paper towels;
`
`toilet paper; disposable diapers; paper tissues; paper handkerchiefs; paint brushes; paper
`
`coasters; glue for stationery or household use; calendars; writing paper; envelopes; pens; pencils;
`
`non-electric erasers; plastic sandwich bags; general feature magazines; and magazines featuring
`
`food, lifestyles and a wide variety of consumer goods.
`
`Class 35: Retail store services featuring a wide variety of consumer goods; Retail store
`
`services featuring pre-paid telephone cards and gift cards, magnetically encoded and not
`
`magnetically encoded, clothing, food, beverages and groceries; Retail store services, available
`
`through computer communications and interactive television, featuring a wide variety of
`
`consumer goods, pre-paid telephone cards and gift cards, magnetically encoded and not
`
`magnetically encoded, clothing,
`
`food, beverages and groceries; supermarkets;
`
`retail store
`
`services featuring a wide variety of consumer goods of others; retail variety stores;
`
`
`
`promoting the sale of credit card accounts through the administration of incentive award
`
`programs; promoting the sale of goods and services of others by awarding purchase points for
`
`credit card use; promotion of financial and insurance services, on behalf of third parties.
`
`Class 36: Insurance agencies in the field of home, accident, life, health and car; financial
`
`Services, namely banking, credit, mortgage, investment, loan, estate, savings programs; assisting
`
`others with the completion of financial transactions for stocks, bonds, securities and equities;
`
`

`
`
`
`financial services, namely money lending; savings account services; savings and loan services;
`
`banking services; administration of savings accounts;
`
`financial services, namely, savings
`
`programs; cash card services; issuing credit cards; insurance administration; insurance carrier
`
`services; and insurance services, namely, writing property and casualty insurance.
`
`Pursuant to this request and in accordance with 37 C.F.R. §2.135, Classes 9 and 38 shall
`
`be deleted in their entirety from the Application:
`
`
`
`All other classes of goods and services in the Application shall remain unchanged as a
`
`result of this Consent Motion to Amend.
`
`[Remainder of page intentionally left blank.]
`
`

`
`If the Board enters all of the foregoing amendments, the parties stipulate that the above-
`
`identified opposition proceeding be dismissed without prejudice.
`
`Dated: October @, 2011
`
`Respectfully submitted,
`
`
`
`
`
`Frank S. Benjamin
`Attorney for Applicant, Tesco Stores Ltd.
`McKenna Long & Aldridge LLP
`303 Peachtree St, NE
`Suite 5300
`
`Atlanta, Georgia 30308
`(404) 527-4986
`(404) 527-4193 fax
`fbenj amin@mckennal ong. com
`
`jlétfdld--}°"’-°"
`
`Alicia Grahn Jones
`
`Attorney for Opposer, Apple Inc.
`Kilpatrick Townsend & Stockton LLP
`1100 Peachtree Street
`Suite 2800
`
`Atlanta, Georgia 30309
`(404) 815-6164
`(404) 541-3292 fax
`alj ones@kilpatricktownsend. corn
`
`

`
`CERTIFICATE OF SERVICE
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Apple Inc.
`
`V.
`
`Tesco Stores Ltd.
`
`Opposer,
`
`Applicant.
`
`\—/\-../\.J\_/%/\-_/&/\-_/
`
`J
`
`Opposition No. 91197815
`
`I hereby certify that the foregoing CONSENT MOTION TO AMEND AND DISMISS
`
`WITHOUT PREIUDICE has been served on Opposer by depositing said copy with the United
`
`States Postal Service as First-Class Mail, postage prepaid, in envelopes addressed to:
`
`Joseph Petersen
`Kilpatrick Townsend & Stockton LLP
`3 1 West 52“ Street, 14”‘ Floor
`New York, New York 10019
`
`Alicia Grahn Jones
`Kilpatrick Townsend & Stockton LLP
`1100 Peachtree Street
`Suite 2800
`
`Atlanta, Georgia 30309
`
`This W5 | day of October, 2011.
`
`Donna Dubin
`
`McKenna Long & Aldridge LLP
`303 Peachtree St., NE
`Suite 5300
`
`Atlanta, Georgia 30308
`(404) 527-4986
`(404) 527-4198 fax
`
`ATLANTA:53363l5.1

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