Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA928679
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`Filing date:
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`10/15/2018
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`91243420
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`Defendant
`Bkon LLC
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`RYAN D. ARTIS
`RIVERSIDE LAW LLP
`GLENHARDIE CORPORATE CENTER 1285 DRUMMERS LANE, SUITE 202
`WAYNE, PA 19087
`dockets@riversidelaw.com
`no phone number provided
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`Motion to Amend Application
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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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`10/15/2018
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`Sazerac v. Bkon - RAINCRAFT -- Motion to Amend-Dismiss-Suspend.pdf(96076
`bytes )
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`Proceeding
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`In the matter of Application Serial No. 87/315,983
`For the Mark RAINCRAFT
`Published in the Official Gazette on March 6, 2018
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`Opposer,
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`SAZERAC BRANDS, LLC,
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`v.
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`BKON LLC,
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`Applicant.
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`Opposition No. 91243420
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`STIPULATED MOTION TO AMEND APPLICATION AND FOR CONTINGENT DISMISSAL
`OF OPPOSITION WITHOUT PREJUDICE
`AND MOTION ON CONSENT TO SUSPEND PROCEEDINGS
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`The parties, through their undersigned counsel, jointly file this Stipulated Motion to Amend
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`Application and Contingent Dismissal of Opposition. The parties also jointly move to suspend the above-
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`referenced opposition pending review and approval of the proposed amendment.
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`Applicant, Bkon LLC, hereby moves pursuant to 37 C.F.R. § 2.133(a) to amend U.S. Trademark
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`Application Serial No. 87/315,983 for the mark RAINCRAFT (the "Application"). The goods description
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`in Class 33 only should be amended as follows:
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`Original Language
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`Amended Language
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`Class 33: Carbonated alcoholic beverages,
`except beer; Alcoholic beverages, except beer,
`containing dried fruits, herbs, spices and
`vegetation.
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`Class 33: Alcoholic beverages, except distilled
`spirits or beer, containing dried fruits, herbs,
`spices and vegetation.
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`Opposer, Sazerac Brands, LLC hereby consents to the foregoing amendment.
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`As this amendment does not expand the scope of the identification of goods, and as Opposer
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`has consented to this amendment, Applicant submits that it complies with the applicable rules.
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`Stipulated Motion to Amend & Contingent Dismissal
`Sazerac Brands, LLC v. Bkon LLC.
`Opposition No. 891243420
`Page 2
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`Additionally, contingent upon the Board's approval of Applicant's motion to amend the
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`Application as set forth above, Opposer, with the consent of Applicant, moves the dismissal of this
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`opposition without prejudice.
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`Finally, the parties further request that the Board suspend all deadlines, including the deadline to
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`Answer, until such time as the Board has considered the requested amendment and, if appropriate, the
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`Commissioner for Trademarks has entered the amendment.
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`WHEREFORE, the parties request that proceedings in this matter be suspended; that this
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`Stipulated Motion to Amend Application be accepted, that the Board instruct the Commissioner for
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`Trademarks to enter the requested amendment in the Application, and thereafter the Opposition be
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`dismissed without prejudice.
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`Respectfully submitted this 15th day of October, 2018.
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`BKON LLC
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`By its Attorneys,
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`/Ryan D. Artis/
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`Ryan D. Artis
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`RIVERSIDE LAW LLP
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`Glenhardie Corporate Center
`1285 Drummers Lane, Suite 202
`Wayne, PA 19087
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`Telephone: (215) 268-3888
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`Facsimile: (215) 268-3871
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`dockets@riversidelaw.com
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`SAZERAC BRANDS, LLC
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`By its Attorneys,
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`/Cynthia Johnson Walden/
`Cynthia Johnson Walden
`Robert M. O’Connell, Jr.
`Laura Najemy
`John P. McCormick
`FISH & RICHARDSON P.C.
`P.O. Box 1022
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`Minneapolis, MN 55440-1022
`Telephone: (617) 542-5070
`Facsimile: (617) 542-8906
`tmdoctc@fr.com; walden@fr.com;
`oconnell@fr.com; najemy@fr.com;
`mccormick@fr.com
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