Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA951656
`
`Filing date:
`
`02/01/2019
`
`Proceeding
`
`Party
`
`Correspondence
`Address
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`91241704
`
`Defendant
`Archidraw
`
`SANG HO LEE
`NOVICK KIM & LEE PLLC
`3251 OLD LEE HIGHWAY SUITE 404
`FAIRFAX, VA 22030
`UNITED STATES
`docket@nkllaw.com, slee@nkllaw.com, djung@nkllaw.com
`703-745-5495
`
`Other Motions/Papers
`
`Angela Y. Dai
`
`docket@nkllaw.com, adai@nkllaw.com, slee@nkllaw.com, djung@nkllaw.com,
`hnovick@nkllaw.com
`
`Signature
`
`Date
`
`/Angela Y. Dai/
`
`02/01/2019
`
`Attachments
`
`Consented Motion to Amend Application_02 01 2019.pdf(142588 bytes )
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`Opposer,
`
`v.
`
`OPEN SCREEN LIMITED,
`
`
`
`
`
`ARCHIDRAW,
`
`
`
`
`Applicant.
`
`
`Opposition No.: 91241704
`
`
`Application S/N.: 87/642,359
`
`
`
`Mark:
`
`
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`Trademark Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`For online submission via ESTTA
`
`
`CONSENTED MOTION TO AMEND APPLICATION
`
`
`Pursuant to 37 C.F.R. §2.133 and TBMP §514 (2018), and pursuant to Paragraph 9 of the
`
`Coexistence Agreement between parties, dated January 9, 2019, Applicant Archidraw
`
`(“Applicant”), by its attorneys, hereby moves, with the consent of Opposer Open Screen Limited
`
`(“Opposer”), to amend the identifications of goods and services in Applicant’s subject
`
`application Serial No. 87/642,359 as follows:
`
`Red-lined version of proposed amendments
`
`International Class 9: Downloadable mobile software applications for image processing
`
`for use on smartphones; virtual reality game software; computer software for processing digital
`
`images; computer programs recorded on data media designed for use in construction and
`
`automated manufacturing (cad/cam); 3D scanner; image scanners; headsets for virtual reality
`
`

`

`games; 3D viewer apparatus for smart phones in the form of virtual reality headsets; cameras for
`
`smartphones; detachable cameras; laser range finders; infrared cameras; computer software for
`
`organizing and capturing digital images and photos; computer software for converting digital
`
`images into other electronic format; software for video, graphics, text processing; data
`
`processing software for graphical representation; data processing software; augmented reality
`
`software for creating maps; augmented reality software for use in mobile devices for integrating
`
`electronic data with real world environments; computer software for two or three-dimensional
`
`simulation for use in design and development of industrial products; downloadable image files
`
`containing three dimensional renderings of spaces; computer application software for
`
`smartphones, namely, software for creating three dimensional renderings of spaces; computer
`
`software for digital image processing; computer programs for audiovisual and video editing;
`
`computer programs and software for image processing; computer programs and software for
`
`image processing on mobile phones; whereas all the foregoing goods are for customers in the
`
`real estate market, home furnishing industry, and general customers who are interested in do-it-
`
`yourself.
`
`
`
`International Class 42: Design services for building interiors; furnishing design services
`
`for the interiors of buildings; commercial space interior design; providing information in the
`
`field of interior design via a web site; space planning of interiors; providing a website featuring
`
`information in the field of interior design; designing of furniture; design of layouts for office
`
`furniture; design of layouts for offices; design and development of virtual reality software;
`
`design of software relating to 3D technology; house remodeling design; digital compression of
`
`computer data; computer software design; software design and development; data conversion of
`
`
`
`- 2 -
`
`

`

`electronic information; computer program design and development; data conversion of computer
`
`program data or information, other than physical conversion; computer software maintenance
`
`services; computer-aided video graphic design; whereas all the foregoing services are for
`
`customers in the real estate market, home furnishing industry, and general customers who are
`
`interested in do-it-yourself.
`
`Clean copy version of proposed amendments
`
`International Class 9: Downloadable mobile software applications for image processing
`
`for use on smartphones; virtual reality game software; computer software for processing digital
`
`images; computer programs recorded on data media designed for use in construction and
`
`automated manufacturing (cad/cam); 3D scanner; image scanners; headsets for virtual reality
`
`games; 3D viewer apparatus for smart phones in the form of virtual reality headsets; cameras for
`
`smartphones; detachable cameras; laser range finders; infrared cameras; computer software for
`
`organizing and capturing digital images and photos; computer software for converting digital
`
`images into other electronic format; software for video, graphics, text processing; data
`
`processing software for graphical representation; data processing software; augmented reality
`
`software for creating maps; augmented reality software for use in mobile devices for integrating
`
`electronic data with real world environments; computer software for two or three-dimensional
`
`simulation for use in design and development of industrial products; downloadable image files
`
`containing three dimensional renderings of spaces; computer application software for
`
`smartphones, namely, software for creating three dimensional renderings of spaces; computer
`
`software for digital image processing; computer programs for audiovisual and video editing;
`
`computer programs and software for image processing; computer programs and software for
`
`image processing on mobile phones; whereas all the foregoing goods are for customers in the
`
`
`
`- 3 -
`
`

`

`real estate market, home furnishing industry, and general customers who are interested in do-it-
`
`yourself.
`
`
`
`International Class 42: Design services for building interiors; furnishing design services
`
`for the interiors of buildings; commercial space interior design; providing information in the
`
`field of interior design via a web site; space planning of interiors; providing a website featuring
`
`information in the field of interior design; designing of furniture; design of layouts for office
`
`furniture; design of layouts for offices; design and development of virtual reality software;
`
`design of software relating to 3D technology; house remodeling design; digital compression of
`
`computer data; computer software design; software design and development; data conversion of
`
`electronic information; computer program design and development; data conversion of computer
`
`program data or information, other than physical conversion; computer software maintenance
`
`services; computer-aided video graphic design; whereas all the foregoing services are for
`
`customers in the real estate market, home furnishing industry, and general customers who are
`
`interested in do-it-yourself.
`
`
`
`
`
`The proposed amendments are limiting in nature as required by 37 C.F.R. § 2.71(a).
`
`For the foregoing reasons, approval of the present consented motion is respectfully
`
`requested.
`
`
`
`Date: February 1, 2019
`
`Respectfully submitted,
`
`/Angela Y. Dai/
`Angela Y. Dai
`Sang Ho Lee
`NOVICK, KIM & LEE, PLLC
`3251 Old Lee Highway
`Suite 404
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`- 4 -
`
`AGREED AND ACKNOWLEDGED
`
`/Andrew S. Dallmann/
`Andrew S. Dallmann
`EASTMANN MCCARTNEY
`DALLMANN LLP
`2603 Main Street, Suite 200
`Irvine, California 92614
`
`

`

`Fairfax, VA 22030
`Attorneys for Applicant
`Archidraw
`
`
`
`
`
`
`
`
`Attorney for Opposer
`Open Screen Limited
`
`
`
`- 5 -
`
`

`

`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the foregoing CONSENTED MOTION TO
`AMEND APPLICATION is being served on Opposer Open Screen Limited through its
`attorney of record by transmitting a copy on February 1, 2019 via Email, per stipulation of the
`parties, to the email address specified below:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Andrew S. Dallmann (Andrew@EMDLLP.com)
`
`
`
`Signed: /Angela Y. Dai/
`
`
`
` Angela Y. Dai
`
`
`
`
`
`

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