`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
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` Mailed: June 27, 2012
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`Opposition No. 91201747
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`Zuffa, LLC
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`v.
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`Parasol LLC
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`EJW/ra
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`ELIZABETH J. WINTER, INTERLOCUTORY ATTORNEY:
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`On May 24, 2012, applicant filed a proposed amendment
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`to its application Serial No. 85278750, without any
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`indication as to whether opposer has consented to the
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`amendment. By said amendment, applicant seeks to amend the
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`opposed identifications of goods and services as follows,
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`FROM:
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`TO:
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`Opposition No. 91201747
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`Inasmuch as the proposed amendment to the identifications of
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`goods and services is clearly limiting in nature as required
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`by Trademark Rule 2.71(a), applicant is advised that the
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`proposed amendment may be approved and entered. See
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`Trademark Rule 2.133(a).
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`However, an application which is the subject of an
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`opposition may not be amended in substance, except with the
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`consent of the other party or parties and the approval of
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`the Trademark Trial and Appeal Board, or upon motion granted
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`by the Board. See Trademark Rule 2.133(a). Further, the
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`Board generally defers determination of a pre-trial,
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`unconsented motion to amend the involved application in
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`substance until final decision or until the case is decided
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`upon summary judgment. See, e.g., Enbridge Inc. v.
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`Excelerate Energy Ltd. Partnership, 92 USPQ2d 1537, 1539 n.3
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`(TTAB 2009) (motion to amend identification of goods and
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`dates of use deferred until final hearing); Space Base Inc.
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`v. Stadis Corp., 17 USPQ2d 1216 (TTAB 1990) (motion to amend
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`identification of goods deferred). See TBMP § 514.03 (3d
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`ed. rev. 2012).
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`The Board also notes that applicant failed to include
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`2
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`Opposition No. 91201747
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`proof of service of its motion as required by Trademark Rule
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`2.119(a). Proof of such service1 must be made before the
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`paper will be considered by the Office. Id. To expedite this
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`matter, opposer is directed to review applicant’s submission
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`at the following URL:
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`http://ttabvueint.uspto.gov/ttabvue/v?pno=91201747&pty=OPP&eno=12.
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`Nonetheless, strict compliance with Trademark Rule 2.119 is
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`required by applicant in all future papers filed with the
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`Board. Otherwise, any non-compliant submission will not be
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`considered.
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`In view of the foregoing, consideration of applicant’s
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`proposed amendment is DEFERRED. Applicant is allowed until
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`FIFTEEN DAYS from the mailing date of this order in which to
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`submit a certificate of service showing that it has served a
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`copy of its motion to amend on opposer’s counsel, failing
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`which its motion to amend will be given no further
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`consideration. In addition, assuming applicant submits a
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`certificate of service as directed herein, opposer and
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`applicant are allowed until THIRTY DAYS from the mailing
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`date of this order to submit opposer’s written consent to
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`the proposed amendment, failing which consideration of the
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`amendment will be deferred until summary judgment or final
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`hearing.
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`1 A statement signed by the attorney or other authorized representative,
`attached to or appearing on the original paper when filed, clearly
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`3
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`Opposition No. 91201747
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`This proceeding is otherwise SUSPENDED.
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`☼☼☼
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`stating the date and manner in which service was made will be accepted
`as prima facie proof of service. Trademark Rule 2.119(a).
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`4
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