`
`ESTTA Tracking number:
`
`ESTTA844862
`
`Filing date:
`
`09/11/2017
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91235993
`
`Party
`
`Correspondence
`Address
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Defendant
`Novartis AG
`
`MAURY M TEPPER III
`TEPPER & EYSTER PLLC
`3724 BENSON DRIVE
`RALEIGH, NC 27609
`UNITED STATES
`Email: mtepper@teiplaw.com
`
`Motion to Amend Application
`
`Maury M. Tepper, III
`
`mtepper@teiplaw.com, tmorris@teiplaw.com
`
`/Maury M. Tepper, III/
`
`09/11/2017
`
`Attachments
`
`Stip Motion.pdf(521748 bytes )
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL. BOARD
`
`Opposition No. 91235993
`
`Application No. 87/2211 87
`Mark: ZIBITRO
`
`)
`
`) }
`
`)
`)
`)
`)
`
`) )
`
`) )
`
`JAZZ PHARMACEUTICALS, INC.
`
`Opposer,
`
`v.
`
`NOVARTIS AG
`
`Applicant.
`
`
`STIPULATED MOTION TO AMEND APPLICATION,
`SUSPEND PROCEEDINGS, AND DISMISS OPPOSITION
`
`Pursuant
`
`to an agreement reached by the parties,
`
`the parties have stipulated to, and
`
`respectfully request that the Board enteran order granting the following:
`
`Applicant Novanis AG (“Applicant”), by and through its undersigned counsel, respectfully
`
`requests amendment to the recitation of goods identified in Trademark Application Serial No.
`
`87f222,187 to the following:
`
`pharmaceuticals;
`antibacterial
`anti-inflammatories;
`“Anti-infectives;
`antibiotics; antifungal preparations; antivirals; cardiovascular pharmaceuticals:
`dermatological phannaceutical products; inhaled pharmaceutical preparations
`for
`the prevention and treatment of“ reSpiratory diseases and disorders;
`pharmaceutical
`preparations
`acting
`on
`the
`central
`nervous
`system;
`pharmaceutical preparations and substances for the prevention and treatment of
`gastro—intestinal diseases; pharmaceutical preparations for the prevention and
`treatment of diseases and disorders of the autoimmune system, the metabolic
`system,
`the endocrine
`system,
`the museum-skeletal
`system and the
`genitourinary system; pharmaceutical preparations for use in hematology and
`in tissue and organ transplantation; pharmaceutical preparations
`for
`the
`prevention and treatment of eye diseases and conditions; pharmaceutical
`preparations for the prevention and treatment of heart rhythm disorders;
`pharmaceutical preparations for the prevention and treatment of immune
`system related diseases and disorders; pharmaceutical preparations for the
`prevention and treatment of kidney diseases; pharmaceutical preparations fer
`
`
`
`Opposition No. 9035993
`
`the prevention and treatment of diabetes; pharmaceutical preparations for the
`prevention and treatment of hypertension; pharmaceutical preparations for the
`prevention and treatment ofskin disorders; pharmaceutical preparations fer use
`in dermatology; pharmaceutical preparations for use in urology; pharmaceutical
`products for ophthalmological use; pharmaceutical products for the prevention
`and treatment of cancer and tumors; pharmaceutical preparations for the
`prevention and treatment of allergies; pharmaceutical products
`for
`the
`prevention and treatment of bone diseases; pharmaceutical! products for the
`prevention and treatment of respiratory diseases and asthma. all of the
`foregoing excluding= pharmaceutical preparations and substances for
`the
`treatment or management of sleep disorders" in International Class 5
`
`Opposer Jazz Pharmaceuticals, Inc. (“Opposer”) consents to this amendment and has
`
`agreed to withdraw this opposition upon acceptance of the revised goods description by the
`
`Trademark Trial and Appeal Board (“”I'I‘AB").
`
`Pursuant to the Parties’ agreement and contingent upon the TFAB’s acceptance and entry
`
`of the amendment to the Application described above, Opposer respectfully rcq nests dismissal of
`
`this opposition in accordance with TBMP § 601.01.
`
`The Parties also respectfully request, in accordance with TEMP § 510.0301), that the Board
`
`suspend this proceeding until it has considered and ruled with regard to both the proposed
`
`amendment and the requested dismissal.
`
`The consent of the Parties to the requests set forth above is reflected by the signature of the
`
`attorneys for the Parties as set forth below:
`
`Dated: Septemberi 2017
` ,- gaury M. Topper. Ill -
`
`225 South Sixth Street , Suite 3500
`Minneapolis, MN 55402
`
`Tepper 8: Eyster, PLLC
`3724 Benson Drive
`Raleigh, NC 27609
`
`ATTORNEY FOR OPPOSER
`
`ATTORNEY FOR APPLICANT
`
`
`
`Opposition No. 91235993
`
`CERTIFICATE OF SERVICE
`
`I do hereby certify that on September _l_l_, 201?, I filed via electronic means {ESTTA) this
`
`MOTION TO AMEND APPLICATION, SUSPEND PROCEEDINGS AND DISMISS
`
`OPPOSITION with the:
`
`U. S. Patent and Trademark Office
`
`Trademark Trial and Appeal Board
`PO. Box 1451
`
`Alexandria, Virginia 22313-1451
`
`With a copy via electronic mail to Tiffany A. Blofield:
`
`TBlofield@winthr0p.com
`
`flier/{MW
`
`Teresa Morris, Paralegal
`
`
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