`
`ESTTA Tracking number:
`
`ESTTA762655
`
`Filing date:
`
`08/04/2016
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`Party
`
`Correspondence
`Address
`
`91226113
`
`Plaintiff
`VEVO LLC
`
`David Donahue
`Fross Zelnick Lehrman & Zissu, P.C.
`866 United Nations Plaza
`New York, NY 10017
`UNITED STATES
`ddonahue@fzlz.com, atucker@fzlz.com, fkohn@fzlz.com, ykarzoan@fzlz.com
`
`Submission
`
`Filer's Name
`
`Filer's e-mail
`
`Signature
`
`Date
`
`Other Motions/Papers
`
`David Donahue
`
`ddonahue@fzlz.com, fkohn@fzlz.com
`
`/David Donahue/
`
`08/04/2016
`
`Attachments
`
`F2017146.pdf(87507 bytes )
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of Application Serial No. 86/325,390
`Mark: VIVOSOCIAL
`
`
`
`Opposition No. 91226113
`
`
`
`
`
`
`
`
`
`Applicant.
`
`
`MOTION ON CONSENT TO PERMIT POST-PUBLICATION AMENDMENT OF
`APPLICATION; TO SUSPEND OPPOSITION; and CONDITIONALLY
`WITHDRAW OPPOSITION
`
`Vevo, LLC (“Opposer”) and Applicant Alexei Nikolaevich Fomine (“Applicant”) hereby
`
`move to (a) allow Applicant to amend the description of goods for the mark VIVOSOCIAL in
`
`Application Ser. No. 86/325,390, which application is the subject of the above-captioned
`
`opposition proceeding; (b) to suspend the opposition pending the Board’s review of the
`
`amendment; and (c) to withdraw the opposition conditioned upon acceptance of the amendment.
`
`For its amendment, Applicant proposes, with Opposer’s consent, to narrow the identified goods
`
`in Application Ser. No. 86/325,390 as follows: “Providing consumer information services and
`
`making referrals in the field of entertainment services in the nature of social media focused
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`marketing and advertising for products, services, events, activities, facilities and locations; none
`
`of the foregoing including music-related products, services, events, activities, facilities or
`
`locations.”
`
`
`
`{F1956985.1 }
`
`VEVO LLC,
`
`
`
`
`
`
`
`
`
`
`
`
`- against -
`
`
`
`
`
`
`ALEXEI NIKOLAEVICH FOMINE,
`
`Opposer,
`
`
`
`
`
`
`
`
`
`
`The parties believe the amendment to be appropriate in that it limits the identification of
`
`goods without broadening it pursuant to TMEP 1402.06 and 37 C.F.R. § 2.71(a), and, thus, no
`
`re-publication would be required.
`
`The parties also jointly move to suspend the above-referenced opposition pending review
`
`of the proposed amendments. The parties further consent to the withdrawal of the opposition
`
`without prejudice upon the approval and entry of the proposed amendments.
`
`IP ATTORNEYS GROUP, LLC
`
`By: __/s/ Jackson MacDonald___________
`
`Jackson MacDonald
`
`
`BreanLaw, LLC
`
`P.O. Box 4120 ECM #72065
`
`Portland, Oregon 97208
`
`Tel: (800) 451-5815
`
`
`
`
`
`
`Counsel for Applicant
`
`Dated: New York, New York
`
`August 4, 2016
`
`FROSS ZELNICK LEHRMAN & ZISSU, P.C.
`
`
`
`
`
`
`/s/ David Donahue
`
`
`David Donahue
`
`
`Felicity Kohn
`
`866 United Nations Plaza
`New York, New York 10017
`Tel: (212) 813-5900
`
`
`
`
`
`
`
`
`Counsel for Opposer
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`By:
`
`
`
`
`
`
`
`
`
`
`{F1956985.1 }
`
`2
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