Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA1141156
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`Filing date:
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`06/18/2021
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`Proceeding
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`Party
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`Correspondence
`Address
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`Submission
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`Filer's Name
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`Filer's email
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`Signature
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`Date
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`Attachments
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`91264390
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`Defendant
`Illouz, Paul
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`KAREN K. CHADWELL
`DOHERTY, WALLACE, PILLSBURY & MURPHY, P.C.
`1414 MAIN STREET
`ONE MONARCH PLACE, SUITE 1900
`SPRINGFIELD, MA 01144
`UNITED STATES
`Primary Email: kchadwell@dwpm.com
`413-733-3111
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`Motion to Amend Application
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`Karen K. Chadwell
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`kchadwell@dwpm.com
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`/Karen K. Chadwell/
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`06/18/2021
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`Stipulated Request to Amend and Contingent Withdrawal of Opposition.p
`df(132716 bytes )
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`
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`HANBEV.11485M
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`TRADEMARK
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`)
`) Opposition No.: 91264390
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`App. Serial No.: 88/730608
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`Mark: SOlVflETIMES GOD SENDS
`THE MONSTER
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`) )
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`) )
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`)
`)
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`MONSTER ENERGY COMPANY,
`Opposer,
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`V.
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`PAUL ILLOUZ,
`Applicant.
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`STIPULATED REQUEST TO AMEND APPLICATION AND STIPULATED
`CONTINGENT WITHDRAWAL OF OPPOSITION WITHOUT PREJUDICE
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`Commissioner for Trademarks
`PO. Box 145 1
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`Alexandria, VA 22313-1451
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`Dear Sir/Madam:
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`The parties, through their undersigned counsel, jointly file this Stipulated Request to
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`Amend Application and Stipulated Contingent Withdrawal of Opposition.
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`By and through this filing, Applicant, Paul Illouz, hereby moves pursuant to 37 CPR. §
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`2.133(a) to amend U.S. Trademark Application Serial No. 88/730608 for the mark SOMETIMES
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`GOD SENDS THE MONSTER (the “Application”). The goods description should be amended
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`as follows:
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`Current goods in International Class 35:
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`“on-line retail store services featuring
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`downloadable books, electronic books, and audiobooks; on-line retail store services
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`featuring books, electronic books, audio books, clothing, hats, plush toys, stickers, coffee
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`cups, mugs, drinking glasses, water bottles, bracelets, wristbands, bookmarks, carrying
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`cases and grips for small electronic devices, pens, stationery, draw string bags, umbrellas,
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`
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`mouse pads, laptop sleeves, computer tablet sleeves, cord pouches, lanyards, and key
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`chains”
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`Proposed goods in International Class 35: “on-line retail store services featuring
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`downloadable books, electronic books, and audiobooks; on-line retail store services
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`featuring books, electronic books, audio books, plush toys, bookmarks, carrying cases and
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`grips for small electronic devices, pens, stationery, mouse pads, laptop sleeves, computer
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`tablet sleeves, cord pouches”
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`Opposer, Monster Energy Company, 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
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`Opposer has consented to this amendment, Applicant submits that it is in compliance with the
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`applicable rules. Additionally, contingent upon the Board’s approval of Applicant’s motion to
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`amend the Application as set forth above, Opposer notices the withdrawal of its opposition to
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`Application Serial No. 88/730608.
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`WHEREFORE, the parties request that this Stipulated Request to Amend Application be
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`accepted,
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`that the Board instruct the Commissioner for Trademarks to enter the requested
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`amendment in the Application, and the Opposition be dismissed Without prejudice.
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`
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`12 “«
`Respectfully submitted this 17411 day of June 2021.
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`Ma“, 15. W
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`/David C. O'Hair/
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`Karen K. Chadwell
`Doherty, Wallace, Pillsbury & Murphy, P.C.
`1414 Main St. Suite 1900
`Springfield, MA 01144
`Telephone: (413) 733-3111
`Facsimile: (413) 734-3910
`Attorneysfor Applicant
`Paul Illouz
`
`Steven J. Nataupsky
`Baraa Kahf
`Hans L. Mayer
`David C. O’Hair
`Knobbe Martens Olson & Bear LLP 2040
`Main Street, 14th Floor
`Irvine, California 92614
`Telephone: (949) 760-0404
`Facsimile: (949) 760-9502
`Attorneys for Opposer
`Monster Energy Company
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`
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`CERTIFICATE OF SERVICE
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`I hereby certify that I served a copy of the foregoing STIPULATED REQUEST
`TO AMEND APPLICATION AND STIPULATED CONTINGENT WITHDRAWAL
`OF OPPOSITION upon Opposer’s counsel by electronic mail on (Ill: [11
`, addressed as
`follows:
`
`David C. O'Hair
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`efiling@knobbe.com, MEC.TTAB@knobbe.com
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`mam
`
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`Baha'i-‘1‘ walk“, PillstY +M~v~fbg ,-f.c.
`A'lew'f ")9; Appb‘ato‘l'
`Paul
`:1: [loo 2?
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`0H3) 733~ 3|U
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`
