`
`ESTTA Tracking number:
`
`ESTTA947592
`
`Filing date:
`
`01/15/2019
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91244705
`
`Party
`
`Correspondence
`Address
`
`Plaintiff
`LEGO Juris A/S
`
`LAURA POPP-ROSENBERG
`FROSS ZELNICK LEHRMAN & ZISSU PC
`4 TIMES SQUARE, 17TH FLOOR
`NEW YORK, NY 10036
`UNITED STATES
`sharb@fzlz.com, lpopp-rosenberg@fzlz.com, ttabfiling@fzlz.com
`212-813-5900
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Other Motions/Papers
`
`Laura Popp-Rosenberg
`
`sharb@fzlz.com, lpopp-rosenberg@fzlz.com, ttabfiling@fzlz.com
`
`/Laura Popp-Rosenberg/
`
`01/15/2019
`
`Attachments
`
`Motion to Amend Suspend Dismiss.PDF(772574 bytes )
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of Application Serial No. 79/227,776
`
`ＭＭＭＭＭＭＭｾＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭｾＭｸ＠
`
`LEGO JURIS A/S,
`
`-against-
`
`ALGOBRIX LTD,
`
`Opposer,
`
`Applicant.
`
`Opposition No. 91244705
`
`ＭｾＭＭＭＭＭＭＭＭＭＭｾＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭｾＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭｸ＠
`
`MOTION ON CONSENT (a) TO PERMIT POST -PUBLICATION
`AMENDMENT; (b) TO SUSPEND PROCEEDINGS; AND (c) FOR
`CONDITIONAL DISMISSAL OF OPPOSITION WITH PREJUDICE
`
`Opposer LEGO Juris A/S ("Opposer") and applicant Algobrix Ltd ("Applicant") hereby
`
`file this joint motion to amend by post-publication amendment the application that is the subject
`
`of this opposition proceeding; to suspend the opposition proceeding pending the Board's review
`
`of the amendment; and to dismiss the opposition proceeding with prejudice conditioned upon the
`
`Board's acceptance of the amendment.
`
`Applicant, with the consent of Opposer, requests that its Application Serial No.
`
`79/227,776 be amended to add a disclaimer ofthe term "BRIX" and the design of a studded toy
`
`construction brick. Since the proposed amendment is in the nature of a limitation, no
`
`re-publication should be required, and the amendment therefore should be permissible.
`
`The parties jointly move to suspend tlris opposition proceeding pending review of the
`
`proposed amendment. The parties further consent that upon the approval and entry of the
`
`proposed amendment, this opposition proceeding be dismissed with prejudice.
`
`(F2858871.1)
`
`
`
`Dated: January )5-, 2019
`
`Respectfully submitted,
`
`THE WEINTRAUB GROUP PLC
`
`FROSS ZELNICK LEHRMAN & ZISSU,
`P.C.
`
`ｾ＠
`ｂｹＺｾｾﾫｾｾＮｾｾＮ＼Ｇ＠
`Arnold S. Wei traub
`24901 Northwestern Hwy, Suite 311
`Southfield, Michigan 48075
`Telephone: (248) 809-2005
`Email: ipdocket@weintraubgroup.com
`
`ｂｹＺｾ Ｎ＠
`:(),:6 ----
`b ra ｐｯｐｩＭｒｏｾｮ｢･ｲｧ＠
`4 Times Square, 17tn Floor
`New York, NY 10036
`Telephone: (212) 813-5900
`Email: lpopp-rosenberg@fzlz.com
`
`Attorneys for Applicant
`
`Allorneys for Opposer
`
`(F2858871.1 I
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on this_d11 day of January 2019, I caused a true and correct copy of
`the foregoing Motion on Consent (a) to Permit Post-Publication Amendment; (b) to
`Suspend Proceedings; and (c) for Conditional Dismissal of Opposition With Prejudice to be
`sent by email to counsel for Applicant: Arnold S. Weintraub, Esq., at
`ipdocket@weintraubgroup.com.
`
`(F2858871.1)
`
`
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