`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
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` Mailed: November 13, 2013
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`Opposition No. 91212396
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`Alfa Wassermann Hungary Kft.
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`v.
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`Takeda GmbH
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`mc
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`M. Catherine Faint,
`Interlocutory Attorney:
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`On October 24, 2013, applicant filed a proposed amendment
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`to its application Serial No. 85812175.
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`By the proposed amendment applicant seeks to delete the
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`words, “pharmaceutical preparations for the treatment of
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`gastro-intestinal diseases and conditions,” such that the
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`identification of goods is amended to read:
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`“Pharmaceutical preparations for the treatment of respiratory
`diseases and conditions, anti-inflammatory preparations, anti-
`phlogistic preparations, anti-allergic preparations, analgesic
`preparations, anti-rheumatic preparations, pharmaceutical
`preparations for the treatment of cardiovascular diseases and
`conditions, pharmaceutical preparations for the treatment of
`cancer, pharmaceutical preparations for the treatment of
`diabetes, pharmaceutical preparations for the treatment of
`osteoporosis."
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`The amendment is clearly limiting in nature as required
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`by Trademark Rule 2.71(b). While applicant indicates that the
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`amendment is in accordance with the parties’ settlement
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`agreement, opposer’s consent thereto is not of record, and a
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`Opposition No. 91212396
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`copy of the settlement agreement is not attached. Where an
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`unconsented motion to amend an application that is involved in
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`an inter partes proceeding is filed before trial, the Board
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`generally will defer determination of the motion until final
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`decision. See TBMP § 514.03 (3d ed. rev. 2 2013).
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`Accordingly, proceedings herein are suspended to allow
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`applicant until THIRTY DAYS from the mailing date of this
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`order to notify the Board in writing, if accurate, that
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`opposer consents to the proposed amendment. If applicant does
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`not respond within the time allotted, or if applicant, or
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`opposer, notifies the Board in writing that opposer does not
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`consent to the proposed amendment, proceedings will be resumed
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`and the opposition will go forward on the application as
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`presently worded in International Class 5.
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`Proceedings are otherwise suspended.
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`***
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`2
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