`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
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` Mailed: August 5, 2011
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`Opposition No. 91199538
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`Zuffa, LLC
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`v.
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`WATT Fuel Cell Corp.
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`Cheryl S. Goodman, Interlocutory Attorney:
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`On July 20, 2011, applicant filed a proposed amendment to
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`its application Serial No. 85145984, with opposer's consent.
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`On July 22, 2011 applicant filed a revised amendment with
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`consent.
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`By the proposed amendment applicant seeks to amend the
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`drawing of record from:
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`to:
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`Applicant has submitted an amended drawing page.
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`Inasmuch as the proposed change does not constitute an
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`impermissible material alteration to the mark, it is approved
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`and entered. See Trademark Rule 2.133(a); Vaughn Russell
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`Candy Co. and Tomas Inc. v. Cookies In Bloom, Inc., 47 USPQ2d
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`1635 (TTAB 1998).
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`By the proposed amendment applicant also seeks to change
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`the description of the mark from: "The mark consists of the
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`term "WFC" in a large stylized font, with the letters "W" in
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`green, "F" in blue and "C" in blue, above the words "WATT FUEL
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`CELL" in black. The background of the mark is transparent."
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`To: "The color(s) green and white is/are claimed as a feature
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`of the mark. The mark consists of the term “WFC” in a large
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`stylized font, with the letters “W” in green, “F” in white
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`with a green border and “C” in white with a green border."
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`Inasmuch as the amendment of the description of the mark
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`accurately states what the mark comprises it is approved.
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`TMEP Section 808.02. See Trademark Rule 2.133(a).
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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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`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).