UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`General Contact Number: 571-272-8500
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`Mailed: August 2, 2016
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`Opposition No. 91215997
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`RK/mc
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`Duke University
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` v.
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`Dainese S.p.A.
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`By the Trademark Trial and Appeal Board:
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`On July 22, 2016, Opposer filed Applicant’s second proposed amendment to its
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`involved Application Serial No. 79124573, with Opposer's written consent, and
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`Opposer's withdrawal of the opposition, contingent upon entry of the amendment.
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`By the proposed amendment, Applicant seeks to amend the identification of
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`goods in International Classes 9 and 25 as follows (amendment in bold):1
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`From: Protective clothing for life-preserving purposes for sports, namely,
`motoring, motorcycling, cycling, skiing and mountaineering, riding,
`in the nature of suits, jackets, trousers, helmets, gloves and boots
`containing air bags for the prevention of injury; protective helmets;
`protective helmets for sports, namely, motoring, motorcycling,
`cycling, skiing and mountaineering, riding; protective footwear for
`the prevention of accidents and injury; protection devices for
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`1 The identifications of goods in unopposed classes 12 and 28 remain unchanged. However,
`the proposed amendment seeks to amend the identification of goods in International Class
`9 which is also unopposed. As noted in the Board’s prior order, the Board will generally not
`act on an amendment to goods or services that are not subject to the proceeding. However,
`as the entry of the proposed amendment will result in a withdrawal of the opposition, the
`Board has considered the amendment to the Class 9 goods in the interest of judicial
`economy.
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`
`
`

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`Opposition No. 91215997
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`personal use against accidents, namely, air bags; protective glasses;
`protective glasses for sports, namely, motoring, motorcycling,
`cycling, skiing and mountaineering, riding; protective gloves for
`protection from accidents; diving gloves; triggering software for
`inflatable protective devices; accelerometer sensors; impact sensors
`for measuring deceleration and accident impact severity; electronic
`control units for air bags; in International Class 9.
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`Clothing articles, namely, raincoats, T-shirts, trousers, shirts,
`jackets, gilets, sweaters, sports jackets, coats, overalls; headwear;
`belts; shoes; boots; gloves; ski gloves; motorcycle gloves; riding
`gloves; in International Class 25.
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`Protective clothing for life-preserving purposes for sports, namely,
`motoring, motorcycling, cycling, skiing and mountaineering, riding,
`in the nature of suits, jackets, trousers, helmets, gloves and boots
`containing air bags for the prevention of injury; protective helmets;
`protective helmets for sports, namely, motoring, motorcycling,
`cycling, skiing and mountaineering, riding; protective footwear for
`the prevention of accidents and injury; protection devices for
`personal use against accidents, namely, air bags; protective glasses;
`protective glasses for sports, namely, motoring, motorcycling,
`cycling, skiing and mountaineering, riding; protective gloves for
`protection from accidents; diving gloves; triggering software for
`inflatable protective devices; accelerometer sensors; impact sensors
`for measuring deceleration and accident impact severity; electronic
`control units for air bags; all protective gear in the foregoing,
`in the nature of garments, containing protective padding for
`the prevention of injury; none of the foregoing intended or
`marketed for everyday general purpose wear; in International
`Class 9.
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`
`
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`To:
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`Clothing articles, namely, raincoats, trousers, jackets, gilets,
`jackets for use in outdoor sport, coats, overalls; headwear;
`shoes; boots; gloves; ski gloves; motorcycle gloves; riding gloves; all
`the
`foregoing containing protective padding
`for the
`prevention of injury and not intended or marketed for
`everyday general purpose wear; in International Class 25.
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`Inasmuch as the amendment is clearly limiting in nature as required by
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`Trademark Rule 2.71(a), and because Opposer consents thereto, the amendment is
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`APPROVED and entered. See Trademark Rule 2.133(a).
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`2
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`

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`Opposition No. 91215997
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`The contingency in Opposer's withdrawal having now been met, the opposition is
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`DISMISSED in accordance with the agreement between the parties.
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`* * *
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`3