`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`General Contact Number: 571-272-8500
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`Mailed: February 21, 2017
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`Opposition No. 91229805
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`Los Angeles Dodgers LLC
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`v.
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`Diamond Munoz and Eric Munoz
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`ey/jk
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`By the Trademark Trial and Appeal Board:
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`In response to the Board’s orders of January 17, 2017 and January 31, 2017,
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`Opposer filed, on February 2, 2017, a stipulated motion to amend application Serial
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`No. 86838605, and withdrawal without prejudice of the opposition contingent upon
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`entry of the amendment.
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`Appearance of Pro Se Applicants
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`The submission filed by Opposer on February 2, 2017 was signed by Applicants
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`Diamond Munoz and Eric Munoz. The Board construes this execution of the
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`submission as indicating that Applicants wish to represent themselves in this
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`proceeding. Accordingly, Diamond Munoz and Eric Munoz are recognized as
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`appearing on their own behalf pro se in this proceeding in accord with Trademark
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`Rule 11.14(e).
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`Opposition No. 91229805
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`Amended Filing Basis
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`As previously set forth in the Board’s order of January 17, 2017, Applicants move
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`to amend the filing basis of the application from a use-based application under
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`Trademark Act Section 1(a), to an intent-to-use basis under Trademark Act Section
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`1(b). Applicants’ declaration in support of their motion to amend the filing basis
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`complies with Trademark Rules 2.20 and 2.34(a)(2). Accordingly, Applicants’
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`amendment to the filing basis is approved.
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`A change in the filing basis of an application after publication requires
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`republication of the application. Accordingly, upon the submission of an appropriate
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`response to this order, as allowed below, which addresses the deficiency noted herein,
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`and termination of this proceeding, the application will be forwarded to republication
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`for opposition purposes. See Trademark Rule 2.35(b)(2).
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`Amended Drawing
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`The stipulated motion was previously filed on January 11, 2017. With the
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`stipulated motion now under consideration, the parties submitted a clearer drawing
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`of the mark on the substitute drawing page. By the proposed amendment, Applicants
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`seek to amend the drawing of the mark:
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`2
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`Opposition No. 91229805
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`From:
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`To:
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`The Board finds that the amendment does not materially alter the mark. See
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`Trademark Rule 2.72(b). Moreover, the Board notes that Opposer consents to the
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`amendment. In view of these findings, the motion is granted. The amendment is
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`approved and entered.
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`The contingency in Opposer’s withdrawal having now been met, the opposition is
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`dismissed without prejudice.
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`3
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