Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA906386
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`Filing date:
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`06/29/2018
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding
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`Party
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`Correspondence
`Address
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`Submission
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`Filer's Name
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`Filer's email
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`Signature
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`Date
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`Attachments
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`91235681
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`Defendant
`Bkon LLC
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`RYAN D ARTIS
`RIVERSIDE LAW LLP
`300 CONSHOHOCKEN STATE RD
`CONSHOHOCKEN, PA 19428-3801
`UNITED STATES
`Email: dockets@riversidelaw.com
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`Other Motions/Papers
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`Ryan D. Artis
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`dockets@riversidelaw.com
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`/Ryan D. Artis/
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`06/29/2018
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`206038.602960-Motion to Divide.pdf(176314 bytes )
`206038.602960-Memorandum in Support of Motion to Divide.pdf(233753 bytes )
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`In the matter of Application
`Serial No. 86/166,421
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`Mark: RAIN
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`Published in the Official Gazette
`On March 21, 2017
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`RAIN INTERNATIONAL LLC,
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`v.
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`BKON LLC,
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`Opposer,
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`Applicant.
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`Opposition No. 91235681
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`MOTION TO DIVIDE APPLICATION
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`For the reasons specified in Applicant’s accompanying Memorandum, Applicant BKON
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`LLC respectfully requests that the Application for trademark registration, Serial No. 86/166,421
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`for the mark RAIN, be divided into two applications as follows:
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`A first application seeking to register the mark International Class 011 for “Commercial
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`electric beverage-making machines, namely, tea brewers and coffee brewers”; and
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`A second application seeking to register the mark in two classes as applied for, namely,
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`International Class 030 for “Beverages, namely, hot coffee, cold coffee, hot tea, cold tea; Coffee,
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`tea, in single-serving containers for use in commercial beverage making machines; Coffee, tea,
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`contained in plastic or metal cartridges having filters for use in commercial brewing machines”;
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`and International Class 035 for “Wholesale and retail store services, featuring commercial
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`Attorney Docket No. 206038.602960
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`beverage-making machines, commercial beverage-dispensing machines, commercial beverage
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`vending machines, and beverages, namely, hot coffee, cold coffee, hot tea, cold tea”.
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`As set forth with more particularity in Applicant’s Memorandum, the present motion
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`should be granted because, inter alia, Opposer has sought to oppose registration only in
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`International classes 030 and 035, and the requested division will simplify the present proceeding
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`and enable the expeditious registration of Applicant’s mark in unopposed International Class
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`011.
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`The requisite $100 processing fee for one new application created has been submitted
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`herewith. Please charge any other fee that is due, and credit any overpayment, to deposit account
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`no. 50-5366.
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`Date: June 29, 2018
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`Respectfully submitted,
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` By:
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`/Ryan D. Artis/
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`Ryan D. Artis
`Reg. No. 67,798
`Attorney for Applicant,
`Bkon LLC
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`Riverside Law LLP
`Glenhardie Corporate Center
`1285 Drummers Lane, Suite 202
`Wayne, PA 19087
`215-268-3888 (main)
`215-268-3871 (fax)
`518-708-6044 (direct)
`E-Mail: dockets@riversidelaw.com
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`2
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`Attorney Docket No. 206038.602960
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`Certificate of Service
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`I, Lisa Stanton, hereby certify that a true and complete copy of the foregoing MOTION TO
`DIVIDE APPLICATION has been served upon the following individual via electronic mail on
`June 29, 2018 sent to:
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`Attorney for RAIN INTERNATIONAL LLC:
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`Perry S. Clegg
`Clegg Law
`P.O. Box 1198
`Salt Lake City, UT 84110
`pclegg@cleggiplaw.com
`mail@cleggiplaw.com
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`/Lisa Stanton/
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`Lisa Stanton, Paralegal
`Riverside Law LLP
`Glenhardie Corporate Center
`1285 Drummers Lane, Suite 202
`Wayne, PA 19087
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`3
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of Application
`Serial No. 86/166,421
`
`Mark: RAIN
`
`Published in the Official Gazette
`On March 21, 2017
`
`RAIN INTERNATIONAL LLC,
`
`v.
`
`BKON LLC,
`
`Opposer,
`
`Applicant.
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`
`
`
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`
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`Opposition No. 91235681
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`MEMORANDUM IN SUPPORT OF APPLICANT’S
`MOTION TO DIVIDE APPLICATION
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`Pursuant to 37 CFR § 2.87 of the Code of Federal Regulations, if an application that is
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`subject of an opposition includes multiple classes, not all of which have been opposed, the
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`applicant may file a motion to divide out the unopposed classes. If an applicant seeks to divide
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`out an entire class or classes, a fee for dividing the application must be submitted for each new
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`application to be created by the division.
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`The Applicant, BKON LLC, respectfully moves to divide the above referenced
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`Application as follows:
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`A first application seeking to register the mark International Class 011 for “Commercial
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`electric beverage-making machines, namely, tea brewers and coffee brewers”; and
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`Attorney Docket No. 206038.602960
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`
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`A second application seeking to register the mark in two classes as applied for, namely,
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`International Class 030 for “Beverages, namely, hot coffee, cold coffee, hot tea, cold tea; Coffee,
`
`tea, in single-serving containers for use in commercial beverage making machines; Coffee, tea,
`
`contained in plastic or metal cartridges having filters for use in commercial brewing machines”;
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`and International Class 035 for “Wholesale and retail store services, featuring commercial
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`beverage-making machines, commercial beverage-dispensing machines, commercial beverage
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`vending machines, and beverages, namely, hot coffee, cold coffee, hot tea, cold tea”.
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`Applicant submits that the present motion should be granted because, inter alia, Opposer
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`has sought to oppose registration only in International classes 030 and 035, and the requested
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`division will simplify the present proceeding and enable the expeditious registration of
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`Applicant’s mark in unopposed International Class 011.
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`2
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`The requisite $100 processing fee for one new application created has been submitted
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`herewith. Please charge any other fee that is due, and credit any overpayment, to deposit account
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`Attorney Docket No. 206038.602960
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`no. 50-5366.
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`Date: June 29, 2018
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`Respectfully submitted,
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` By:
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`/Ryan D. Artis/
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`Ryan D. Artis
`Reg. No. 67,798
`Attorney for Applicant,
`Bkon LLC
`
`Riverside Law LLP
`Glenhardie Corporate Center
`1285 Drummers Lane, Suite 202
`Wayne, PA 19087
`215-268-3888 (main)
`215-268-3871 (fax)
`518-708-6044 (direct)
`E-Mail: dockets@riversidelaw.com
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`3
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`Attorney Docket No. 206038.602960
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`Certificate of Service
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`I, Lisa Stanton, hereby certify that a true and complete copy of the foregoing MEMORANDUM
`IN SUPPORT OF APPLICANT’S MOTION TO DIVIDE APPLICATION has been served
`upon the following individual via electronic mail on June 29, 2018 sent to:
`
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`Attorney for RAIN INTERNATIONAL LLC:
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`Perry S. Clegg
`Clegg Law
`P.O. Box 1198
`Salt Lake City, UT 84110
`pclegg@cleggiplaw.com
`mail@cleggiplaw.com
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`
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`/Lisa Stanton/
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`Lisa Stanton, Paralegal
`Riverside Law LLP
`Glenhardie Corporate Center
`1285 Drummers Lane, Suite 202
`Wayne, PA 19087
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`4
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