`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`General Contact Number: 571-272-8500
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`Mailed: July 26, 2016
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`Opposition No. 91228407
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`TaxBench, Inc.
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`v.
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`Ellen Yowell, Paralegal Specialist:
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`TaxBench, Inc. AKA TaxBench
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`On July 15, 2016, Applicant filed an abandonment of its application Serial No.
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`86862155 with prejudice, and request to dismiss the opposition with prejudice.1 Also
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`on July 15, 2016, Opposer filed a withdrawal of the opposition.
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`Applicant’s request to abandon its application was filed with the consent of
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`Opposer. Accordingly, the application will be abandoned with prejudice.
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`Although Applicant requests dismissal of the opposition with prejudice, Opposer
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`is silent with respect to whether it seeks dismissal of the opposition with or without
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`prejudice. The Board notes that an opposer may withdraw its opposition without
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`prejudice at any time before the applicant’s answer is filed. TBMP § 601.01.
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`In view thereof, and because no answer is of record, Opposer is allowed until 10
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`days from the mailing date of this order in which to inform the Board whether it seeks
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`to withdraw the opposition with or without prejudice. If no response is received, the
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`1 Applicant’s change of correspondence address filed July 15, 2016 is noted. The Board’s
`record has been updated accordingly.
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`Opposition No. 91228407
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`opposition will be dismissed without prejudice. See Trademark Rules 2.106(c) and
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`2.135.
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`2

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