Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1077224
`
`Filing date:
`
`08/24/2020
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91256714
`
`Party
`
`Correspondence
`Address
`
`Defendant
`Ottopia Technologies Ltd.
`
`ALON HILU
`KLIGLER & ASSOCIATES
`6 BEIT HILLEL STREET
`TEL AVIV, 67017
`ISRAEL
`Primary Email: alon@dkpat.co.il
`Secondary Email(s): info@dkpat.co.il
`+972-35622291 x106
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Motion to Amend Application
`
`Harris A. Wolin
`
`tm@myerswolin.com
`
`/Harris A. Wolin/
`
`08/24/2020
`
`Attachments
`
`otto_10020_10021_20200824_consented_motion_amend.pdf(26092 bytes )
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`OTTO 10020
`OTTO 10021
`
`
`
`
`Opposition No. 91256714
`
`For the mark ATAS
`Serial No. 88354132
`
`For the mark ATO
`Serial No. 88332991
`
`
`)
`)
`
`) ) ) ) ) ) ) )
`
`
`
`
`Atos SE,
`
`
`
`
`Plaintiff (Opposer)
`
` v.
`
`
`Ottopia Technologies Ltd.
`
`
`
`
`Defendant (Applicant)
`
`
`
`CONSENTED MOTION TO AMEND AND DISMISS WITHOUT PREJUDICE
`
`The time to Answer is currently set to close on September 9, 2020.
`
`Ottopia Technologies Ltd. (Defendant/Applicant), by its attorney, and with the
`
`consent and agreement of Atos SE (Plaintiff/Opposer), hereby moves to amend the
`
`identification of goods and services of Serial Nos. 88354132 and 88332991 of the subject
`
`proceeding as follows:
`
`Class 9
`
`Computer hardware and downloadable computer software incorporated into a vehicle
`solely provided for the safe remote control of a vehicle; computer hardware and
`downloadable computer software incorporated into an autonomous vehicle solely
`provided for the safe remote control of an autonomous vehicle; computer hardware and
`downloadable
`computer
`software incorporated
`solely
`into
`a
`vehicle
`provided for remotely operating unmanned ground vehicles; computer hardware and
`downloadable computer software incorporated into vehicles solely provided for ultra-
`low latency streaming of video from the vehicles, for the purpose of surveillance,
`monitoring and mapping for the safe remote control of the vehicles; computer hardware
`and downloadable computer software incorporated into vehicles solely provided for
`ultra-low latency streaming of audio from vehicles, for the purpose of surveillance,
`monitoring and mapping for the safe remote control of the vehicles.
`
`Class 42:
`
`Providing online, non-downloadable software for the safe remote control of a
`vehicle that is incorporated with hardware and downloadable computer software
`solely provided for the safe remote control of the vehicle; providing online, non-
`
`Page 1 of 4
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`

`

`OTTO 10020
`OTTO 10021
`
`downloadable software for the safe remote control of an autonomous vehicle that is
`incorporated with hardware and downloadable computer software solely provided
`for the safe remote control of the autonomous vehicle; providing online, non-
`downloadable software for operating unmanned ground vehicles that are incorporated
`with hardware and downloadable computer software solely provided for the safe
`remote control of the vehicles; providing online, non-downloadable software for ultra-
`low latency streaming of video from vehicles that are incorporated with hardware and
`downloadable computer software solely provided for the safe remote control of the
`unmanned vehicles, for the purpose of surveillance, monitoring and mapping for the
`safe remote control of the unmanned vehicles; providing online, non-downloadable
`software for ultra-low latency streaming of audio from vehicles that are incorporated
`with hardware and downloadable computer software solely provided for the safe
`remote control of the vehicles, for the purpose of surveillance, monitoring and
`mapping for the safe remote control of the vehicles.
`
`Defendant/Applicant, by its attorney, being warned that willful false statements
`
`and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and
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`that such willful false statements and the like may jeopardize the validity of the
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`application or submission or any registration resulting therefrom, declares that all
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`statements made of his/her own knowledge are true and all statements made on
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`information and belief are believed to be true.
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`As grounds in support of this Motion, Defendant/Applicant and Plaintiff/Opposer
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`represent that entry by the Board of such amendments will result in the resolution of all
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`issues raised by Plaintiff/Opposer and any and all counterclaims and defenses that could
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`have been raised by Defendant/Applicant in the subject proceeding.
`
`Should the Board approve this Motion and order the amendment of the cited
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`applications as requested herein, Defendant/Applicant and Plaintiff/Opposer also request
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`that the Board thereafter dismiss the current proceeding, without prejudice.
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`Page 2 of 4
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`

`

`OTTO 10020
`OTTO 10021
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`WHEREFORE, Defendant/Applicant and Plaintiff/Opposer request that the Board
`
`enter the proposed amendments contained herein and, thereafter, dismiss the current
`
`proceeding without prejudice.
`
`
`
`Respectfully submitted,
`
`OTTOPIA TECHNOLOGIES LTD.
`
`By:_s/ Harris A. Wolin_____________
`Harris A. Wolin, Esq.
`Myers Wolin, LLC
`100 Headquarters Plaza
`West Tower 7th Floor
`Morristown, NJ 07960-6834
`tm@myerswolin.com
`Phone: 973-828-1284
`Attorney for Applicant/Registrant
`Date: August 24, 2020
`
`ATOS SE
`
`By:_s/ Julie B. Seyler _____________
`Julie B. Seyler, Esq.
`Abelman Frayne & Schwab
`666 Third Avenue
`New York, NY 10017
`jbseyler@lawabel.com
`aallen@lawabel.com
`Phone: 212-949-9022
`Attorney for the Petitioner/Opposer
`Date: August 24, 2020
`
`Page 3 of 4
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`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`OTTO 10020
`OTTO 10021
`
`
`
`
`Opposition No. 91256714
`
`For the mark ATAS
`Serial No. 88354132
`
`For the mark ATO
`Serial No. 88332991
`
`
`)
`)
`
`) ) ) ) ) ) ) )
`
`
`
`
`Atos SE,
`
`
`
`
`Plaintiff (Opposer)
`
` v.
`
`
`Ottopia Technologies Ltd.
`
`
`
`
`Defendant (Applicant)
`
`
`CERTIFICATE OF SERVICE
`
`I certify that a true and correct copy of the foregoing CONSENTED MOTION
`
`
`
`TO AMEND AND DISMISS WITHOUT PREJUDICE was served on counsel for the
`
`Plaintiff/Opposer on the date listed below via electronic mail to:
`
`
`
`
`
`Julie B. Seyler, Esq.
`Abelman Frayne & Schwab
`666 Third Avenue
`New York, NY 10017
`jbseyler@lawabel.com
`aallen@lawabel.com
`
`Dated: August 24, 2020
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`___________________________
`Harris A. Wolin
`Atty for the Defendant/Applicant
`Myers Wolin, LLC
`100 Headquarters Plaza
`West Tower 7th Floor
`Morristown, NJ 07960-6834
`Phone: 973-828-1284
`tm@myerswolin.com
`
`Page 4 of 4
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