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`M. Catherine Faint,
`Interlocutory Attorney:
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`Amendment of application
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`General Contact Number: 571-272-8500
`General Email: TTABInfo@uspto.gov
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`November 5, 2018
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`Opposition No. 91243420
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`Sazerac Brands, LLC
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`v.
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`Bkon LLC
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`On October 15, 2018, Applicant filed a proposed amendment to its application
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`Serial No. 87315983, with Opposer's written consent.
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`By the proposed amendment, Applicant seeks to amend the identification of goods
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`as follows (additions in bold, deletions in strike through):
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`From: Carbonated alcoholic beverages, except beer; Alcoholic beverages,
`except beer, containing dried fruits, herbs, spices and vegetation.
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`To:
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`Alcoholic beverages, except distilled spirits or beer, containing
`dried fruits, herbs, spices and vegetation.
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`
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`The amendment is limiting in nature, as required by Trademark Rule 2.71(a).
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`Because Opposer consents thereto, the amendment is approved and entered. See
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`Trademark Rule 2.133(a).
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`Contingent Dismissal of Opposition, No Certificate of Service
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`Opposition No. 91243420
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`Applicant’s filing also includes a contingent dismissal of opposition without
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`prejudice along with a motion to suspend. It is noted that Applicant’s filing does not
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`include proof of service. Trademark Rule 2.119(a) states that every submission filed
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`in an inter partes proceeding must be served upon the other party or parties, and
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`proof of such service must be made before the submission will be considered. See
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`TBMP § 113.02. The Board may decline to read or consider any future submission
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`filed by Applicant in this proceeding which does not include proof of service. The
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`Board informed the parties of the rules governing service and the service requirement
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`in the notice of institution. Trademark Rule 2.119(b) sets forth the manner of service.
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`See also TBMP § 113.04. The submission may be accessed via TTABVUE at:
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`http://ttabvue.uspto.gov/ttabvue/.
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`It appears that Applicant’s filing intends to dispose of this proceeding. Inasmuch
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`as the filing fails to include a certificate of service, the contingent dismissal cannot
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`be considered at this time as the Board is unclear if Opposer has received a copy of
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`the motion.
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`If the amendment resolves this proceeding, Opposer is allowed until THIRTY
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`DAYS from the date of this order to file a withdrawal of the opposition, failing which
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`the opposition will go forward on the application as amended. See Trademark Rule
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`2.106(c).
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`If no response is filed, proceedings will be resumed and dates reset, as appropriate.
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`Proceedings are otherwise suspended.
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`2
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