`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`General Contact Number: 571-272-8500
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`Mailed: December 14, 2016
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`Opposition No. 91230585
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`Proximo Spirits, Inc.
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` v.
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`Benjamin C. Etheridge
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`Veronica P. White, Paralegal Specialist:
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`On December 3, 2016, in view of Applicant’s failure to file a timely answer or
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`request an extension of time to file an answer, the Board issued a notice of default.
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`In response, on December 7, 2016, Applicant filed an abandonment of its involved
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`application Serial No. 86844126 pursuant to the parties’ settlement agreement.
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`Trademark Rule 2.135 provides that if, in an inter partes proceeding, the
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`Applicant files an abandonment without the written consent of every adverse party
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`to the proceeding, judgment shall be entered against Applicant.
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`Because Applicant’s abandonment was submitted “pursuant to the terms of their
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`settlement,” which implies that the abandonment was submitted with Opposer’s
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`consent thereto, Applicant is allowed until TWENTY (20) DAYS from the mailing
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`date of this order to provide Opposer’s written consent to the abandonment or a copy
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`of the parties’ settlement agreement,1 which evidences Opposer’s consent to the
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`1 Applicant may submit a redacted copy of the parties’ agreement, as appropriate.
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`Opposition No. 91230585
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`abandonment, failing which judgment will be entered against Applicant, the
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`opposition will be sustained and registration to Applicant will be refused.
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`Proceedings herein are otherwise suspended pending a response.
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`2
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