Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA1133718
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`Filing date:
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`05/13/2021
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding
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`91268146
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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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`Plaintiff
`QH Holdings (Oregon), Inc.
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`B. ANNA MCCOY
`MCCOY RUSSELL LLP
`1410 NW JOHNSON STREET
`SUITE 201
`PORTLAND, OR 97209
`UNITED STATES
`Primary Email: TMmail@mccrus.com
`Secondary Email(s): harnett@mccrus.com, mccoy@mccrus.com,
`hall@mccrus.com, penfield@mccrus.com
`971-271-8020
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`Other Motions/Submissions
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`B. Anna McCoy
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`TMmail@mccrus.com, mccoy@mccrus.com, harnett@mccrus.com,
`hall@mccrus.com, penfield@mccrus.com
`
`/B. Anna McCoy/
`
`05/13/2021
`
`Motion for Amendment of Application and Conditional Withdrawal of Opp os-
`ition_filed_5-13-2021.pdf(140441 bytes )
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`Opposition No. 91268146
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`App. No. 88/729,145
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`Mark: QUANTUM FLOW METHOD
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`QH Holdings (Oregon), Inc.
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`Opposer,
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`v.
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`Regan Hillyer International Pty Ltd,
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`Applicant.
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`Commissioner for Trademarks
`Trademark Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1451
`Alexandria, VA 22313-1451
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`AMENDMENT OF APPLICATION;
` CONDITIONAL WITHDRAWAL OF OPPOSITION PROCEEDING
`WITH PREJUDICE
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`Pursuant to a settlement agreement between the Parties, Applicant amends the services listed in
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`U.S. Trademark Application Serial No. 88/729,145 as shown on Exhibit A (the “Proposed Amendment”).
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`The Proposed Amendment constitutes a narrowing of the description of services and should
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`therefore be deemed acceptable. Pursuant to TMEP § 1505.02(a), Applicant submits that its mark is not
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`subject to re-publication in the Official Gazette.
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`Page 1 of 3 - AMENDMENT OF APPLICATION; CONDITIONAL WITHDRAWAL OF OPPOSITION
`PROCEEDING WITH PREJUDICE; Notice of Opposition No. 91268146
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`Once/if the Office updates the USPTO records to reflect the Proposed Amendment, Opposer
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`hereby requests that Opposition No. 91268146 be withdrawn with prejudice.
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`DATED this 13th day of May, 2021.
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`Respectfully submitted,
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`McCoy Russell LLP
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`___/B. Anna McCoy/_______________________
`B. Anna McCoy
`Oregon Bar Member, OR Bar Num. 003165
`(member in good standing)
`Attorney for Opposer
`1410 NW Johnson, Suite 201
`Portland, Oregon 97209
`Telephone: (971) 271-8020
`Email: mccoy@mccrus.com
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`Cantor Colburn LLP
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`
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`./Thomas J. Mango/ .
`Thomas J. Mango
`Attorney for Applicant
`20 Church Street, 22nd Floor
`Hartford, CT 06103
`Telephone: 860-286-2929
`Email: tmango@cantorcolburn.com;
`vricci@cantorcolburn.com;
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`Page 2 of 3 - AMENDMENT OF APPLICATION; CONDITIONAL WITHDRAWAL OF OPPOSITION
`PROCEEDING WITH PREJUDICE; Notice of Opposition No. 91268146
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and correct copy of the foregoing AMENDMENT OF APPLICATION;
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`CONDITIONAL WITHDRAWAL OF OPPOSITION PROCEEDING WITH PREJUDICE was served by
`email upon Applicant’s attorney, at the email address of record below on this 13th day of May, 2021:
`
`
`THOMAS J. MANGO
`20 Church Street, 22nd Floor
`Hartford, CT 06103
`Telephone: 860-286-2929
`Email:tmango@cantorcolburn.com;
`vricci@cantorcolburn.com
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`Page 3 of 3 - AMENDMENT OF APPLICATION; CONDITIONAL WITHDRAWAL OF OPPOSITION
`PROCEEDING WITH PREJUDICE; Notice of Opposition No. 91268146
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`EXHIBIT A
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`Proposed Amendment
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`Class 35: Advertising services; Business management; Business administration; Providing office functions;
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`Accounting; Preparation of financial statements of accounts; Administrative processing of purchase orders;
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`Advertising by mail order; Arranging newspaper subscriptions for others; Arranging subscriptions to
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`telecommunication services for others; Auctioneering; Account, business, and financial auditing; Bill-
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`posting; Business appraisals; Professional business consultancy; Business information; Business inquiries;
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`Business investigations; Business management and organization consultancy; Business management
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`assistance; Business management consultancy; Business management of hotels; Business management of
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`performing artists; Business management of sports people; Business organization consultancy; Business
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`research; Commercial administration of the licensing of the goods and services of others; Commercial
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`information agencies; Providing commercial information and advice for consumers in the choice of
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`products and services; Commercial and industrial management assistance; Compilation of information into
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`computer databases; Compilation of statistics; Cost price analysis; Data search in computer files for others,
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`namely, compiling and analyzing data for business purposes; Demonstration of goods; loyalty scheme
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`services, namely, promoting the goods and services of others by means of a loyalty rewards card scheme;
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`business administration of consumer loyalty reward programs; sales promotion through customer loyalty
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`programs, namely, promoting the goods and services of others by means of the issuance of loyalty rewards
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`cards; organisation and management of customer loyalty schemes and programs, namely, providing
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`incentive award programs for customers through the issuance and processing of loyalty coupons for
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`frequent use of participating businesses; Direct mail advertising services; Dissemination of advertising
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`matter; Distribution of samples; Document reproduction in the nature of photocopying services; Economic
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`forecasting; Business efficiency experts; Employment agencies; Organization of fashion shows for
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`promotional purposes; Computerized file management; Import-export agencies; Invoicing; Layout services
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`for advertising purposes; Advisory services for business management; Marketing services; Marketing
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`research; Conducting marketing studies; Modelling for advertising or sales promotion; News clipping
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`EXHIBIT A - AMENDMENT OF APPLICATION; CONDITIONAL WITHDRAWAL OF
`OPPOSITION PROCEEDING WITH PREJUDICE; Notice of Opposition No. 91268146
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`

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`services; Office machines and equipment rental; On-line advertising on a computer network; Public opinion
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`polling; Organization of exhibitions for commercial or advertising purposes; Organization of trade fairs for
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`commercial or advertising purposes; Outsourcing services; Payroll preparation; Personnel management
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`consultancy; Personnel recruitment; Photocopying services; Presentation of goods on communication
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`media, for retail purposes; Price comparison services; Procurement services for others in the nature of
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`purchasing goods and services for other businesses; Production of advertising films; Psychological testing
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`for the selection of personnel; Public relations; Publication of publicity texts; Publicity agents; Publicity
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`agencies; Publicity columns preparation, namely, writing of publicity texts in the nature of columns;
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`Publicity material rental; Radio advertising; Relocation services for businesses, namely, business
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`administrative services for the relocation of businesses; Rental of advertising space; Rental of advertising
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`time on communication media; Rental of photocopying machines; Rental of vending machines; Sales
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`promotion for others; Secretarial services; Shop window dressing; Shorthand services; Sponsorship search;
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`Systemization of information into computer databases; Tax preparation; Telemarketing services; Telephone
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`answering for unavailable subscribers; Television advertising; Transcription of audio communications;
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`Typing; Updating of advertising material; Word processing; Writing of publicity texts; Advertising and
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`marketing; advertising services; business data analysis; online advertising and marketing services;
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`promotional services, namely, promoting the goods and services of others; business networking; business
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`monitoring and consulting services, namely, tracking users and advertising of others to provide strategy,
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`insight, marketing guidance, and for analysing, understanding and predicting consumer behaviour and
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`motivations, and market trends; placing advertisements and promotional displays in electronic sites
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`accessed via computer networks; providing information regarding careers, employment, and job placement;
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`providing market information in relation to consumer products; providing commercial information and
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`advice for consumers in the choice of products and services, namely, providing shopping information
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`relating to price, product information and specification, delivery and returns information, sizing
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`information; compiling and maintaining online business directories; providing information regarding
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`organising and conducting volunteer programmes and community service projects for charitable
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`EXHIBIT A - AMENDMENT OF APPLICATION; CONDITIONAL WITHDRAWAL OF
`OPPOSITION PROCEEDING WITH PREJUDICE; Notice of Opposition No. 91268146
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`

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`organizations; computerized file management; sales promotion for others; business information services;
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`providing business information over the internet; the bringing together, for the benefit of others, a variety
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`of goods, namely, books, cards, motivational cards, flash cards, picture cards, journals, ethereal essences,
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`flower essences for cosmetic purposes, aromatherapy oil, essential oils, jewellery and imitation
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`jewellery, ornaments, amulets, precious jewellery, jewellery stones, CDs, DVDs, pre-recorded CDs, pre-
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`recorded DVDs, downloadable music files, enabling consumers to view and purchase these goods in a retail
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`store, online via the internet or other interactive electronic platforms, via mail order or catalogues or by
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`means of telecommunications; the bringing together, for the benefit of others, a variety of goods, namely,
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`downloadable software, downloadable computer software in the field of personal development,
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`downloadable electronic publications, downloadable electronic publications in the field of personal
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`development, audio recordings, audio visual recordings, software applications for mobile devices,
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`downloadable applications for mobile devices, mouse mats, downloadable music files, downloadable video
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`files, downloadable image files, podcasts, downloadable podcasts, mobile application software,
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`downloadable smartphone software applications, enabling consumers to view and purchase these goods in
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`a retail store, online via the internet or other interactive electronic platforms, via mail order or catalogues
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`or by means of telecommunications; the bringing together, for the benefit of others, a variety of goods,
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`namely, chemicals used in industry, science and photography, as well as in agriculture, horticulture and
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`forestry, unprocessed artificial resins, unprocessed plastics, manures, fire extinguishing compositions,
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`tempering and soldering preparations, chemical substances for preserving foodstuffs, enabling consumers
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`to view and purchase these goods in a retail store, online via the internet or other interactive electronic
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`platforms, via mail order or catalogues or by means of telecommunications; the bringing together, for the
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`benefit of others, a variety of goods, namely, tanning substances, adhesives used in industry, unprocessed
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`plastics in the form of liquids, chips or granules, paints, varnishes, lacquers, preservatives against rust and
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`against deterioration of wood, colorants, mordants, raw natural resins, metals in foil and powder form for
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`painters, decorators, printers and artists, enabling consumers to view and purchase these goods in a retail
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`store, online via the internet or other interactive electronic platforms, via mail order or catalogues or by
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`EXHIBIT A - AMENDMENT OF APPLICATION; CONDITIONAL WITHDRAWAL OF
`OPPOSITION PROCEEDING WITH PREJUDICE; Notice of Opposition No. 91268146
`
`

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`means of telecommunications; the bringing together, for the benefit of others, a variety of goods,
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`namely, Bleaching preparations and other substances for laundry use, cleaning, polishing, scouring
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`and abrasive preparations, non-medicated soaps, perfumery, essential oils, non-medicated cosmetics,
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`non-medicated hair lotions, non-medicated dentifrices, cosmetics, make up, skin care preparations,
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`powder compacts, lipsticks, lip gloss, lip serum, lip treatment, lip balm, make-up powder and
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`foundation, moisturisers, beauty care preparations, body care preparations, essential oils for
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`personal use, cleansing oil, cleansing balm, preparations and products for removing make-up, facial
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`mists, lotions, creams and conditioners for the face, hands and body, beauty masks, hair masks,
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`abrasive cloth, abrasive paper, abrasives, cosmetic exfoliates, exfoliating seeds, exfoliating soap, body
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`scrub, hand scrub, facial scrub, facial cleanser, lip exfoliator, adhesives for affixing false hair,
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`adhesives for cosmetic purposes, after-shave lotions, after-shave balms, almond milk for cosmetic
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`purposes, almond oil, almond soap, aloe vera preparations for cosmetic purposes, alum stones,
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`amber, antiperspirant soap, antiperspirants, aromatics, astringents for cosmetic purposes, balms
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`other than for medical purposes, bath salts, not for medical purposes, cosmetic preparations for
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`baths, bubble bath preparations, body melt, beard dyes, bergamot oil, bleaching preparations for
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`cosmetic purposes, breath freshening sprays, breath freshening strips, cakes of toilet soap, essential
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`oils of cedarwood, essential oils of citron, cleansing milk for toilet purposes, cleansing oil, cleansing
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`foam, shower milk, shower gel, shower oil, drops to be inserted into skincare products, colorants for
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`toilet purposes, color-removing preparations, colour-brightening chemicals for household purposes,
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`cosmetic kits, cosmetic preparations for slimming purposes, cosmetics for animals, cotton sticks for
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`cosmetic purposes, cotton wool for cosmetic purposes, cosmetic creams, skin whitening creams,
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`dental bleaching gels, deodorant soap, deodorants for human beings or for animals, depilatories,
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`depilatory preparations, douching preparations for personal sanitary or deodorant purposes, dry
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`shampoos, cosmetic dyes, eau de cologne, eau de perfume, perfume gel stick, pillow spray, emery,
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`essences being ethereal, essential oils, ethereal essences, ethereal oils, extracts of flowers, eyebrow
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`cosmetics, eyebrow pencils, adhesives for affixing false eyelashes, cosmetic preparations for
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`EXHIBIT A - AMENDMENT OF APPLICATION; CONDITIONAL WITHDRAWAL OF
`OPPOSITION PROCEEDING WITH PREJUDICE; Notice of Opposition No. 91268146
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`

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`eyelashes, eyelashes being false, false eyelashes, adhesives for affixing false hair, false nails, bases for
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`flower perfumes, extracts of flowers, soap for foot perspiration, gel eye masks, dental bleaching gels,
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`greases for cosmetic purposes, hair colorants, hair dyes, hair lotions, hair spray, hair waving
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`preparations, hydrogen peroxide for cosmetic purposes, incense, ionone, jasmine oil, javelle water,
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`petroleum jelly for cosmetic purposes, joss sticks, diffusers, aromatic oil diffusers, cosmetic kits,
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`lavender oil, lavender water, essential oils of lemon, lotions for cosmetic purposes, tissues
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`impregnated with cosmetic lotions, make-up preparations, make-up removing preparations,
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`mascara, massage gels other than for medical purposes, cleansing milk for toilet purposes, mint
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`essence, mint for perfumery, musk, moustache wax, nail art stickers, nail care preparations, nail
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`polish, nail varnish, false nails, neutralizers for permanent waving, oils for cosmetic purposes, oils
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`for perfumes and scents, body oil, oils for toilet purposes, hair oil, bath oil, almond oil, jasmine oil,
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`lavender oil, rose oil, tea tree oil, cosmetic oils, bergamot oil, aromatherapy oil, baby oil, cleansing
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`oil, shaving oil, beard oil, body oil, massage oil, cosmetic pencils, eyebrow pencils, perfumery,
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`perfumes, neutralizers for permanent waving, petroleum jelly for cosmetic purposes, denture
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`polishes, pomades for cosmetic purposes, make-up powder, pumice stone, rose oil, shampoos,
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`conditioners, shaving preparations, shaving soap, shaving cream, cosmetic preparations for skin
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`care, skin whitening creams, cosmetic preparations for slimming purposes, soap, hand wash,
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`antiperspirant soap, cakes of soap, deodorant soap, soap for foot perspiration, breath freshening
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`sprays, breath freshening strips, sunscreen preparations, sun-tanning preparations, talcum powder,
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`for toilet use, terpenes, tissues impregnated with cosmetic lotions, toilet water, toiletries, decorative
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`transfers for cosmetic purposes, nail varnish, varnish-removing preparations, waving preparations
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`for the hair, depilatory wax, haircare preparations, enabling consumers to view and purchase these
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`goods in a retail store, online via the internet or other interactive electronic platforms, via mail order
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`or catalogues or by means of telecommunications; the bringing together, for the benefit of others, a
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`variety of goods, namely, industrial oils and greases, lubricants, dust absorbing, wetting and binding
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`compositions, fuels including motor spirit and illuminants, candles and wicks for lighting, aromatic candles,
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`EXHIBIT A - AMENDMENT OF APPLICATION; CONDITIONAL WITHDRAWAL OF
`OPPOSITION PROCEEDING WITH PREJUDICE; Notice of Opposition No. 91268146
`
`

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`scented candles, musk scented candles, candles, nightlights, Firelighters, fragrant wax for use in potpourri
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`burners, table candles, floating candles, candle assemblies, beeswax and wax for making candles, Christmas
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`tree candles, pharmaceutical and veterinary preparations, sanitary preparations for medical
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`purposes, dietetic food and substances adapted for medical or veterinary use, enabling consumers to
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`view and purchase these goods in a retail store, online via the internet or other interactive electronic
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`platforms, via mail order or catalogues or by means of telecommunications; the bringing together, for the
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`benefit of others, a variety of goods, namely, food for babies, dietary supplements for humans and
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`animals, plasters, materials for dressings, material for stopping teeth, dental wax, disinfectants,
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`preparations for destroying vermin, fungicides, herbicides, common metals and their alloys, enabling
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`consumers to view and purchase these goods in a retail store, online via the internet or other interactive
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`electronic platforms, via mail order or catalogues or by means of telecommunications; the bringing together,
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`for the benefit of others, a variety of goods, namely, metal building materials, transportable buildings of
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`metal, materials of metal for railway tracks, non-electric cables and wires of common metal, ironmongery,
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`small items of metal hardware, pipes and tubes of metal, safes, goods of common metal, ores, unwrought
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`and partly wrought common metals, metallic windows and doors, metallic framed conservatories, enabling
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`consumers to view and purchase these goods in a retail store, online via the internet or other interactive
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`electronic platforms, via mail order or catalogues or by means of telecommunications; the bringing together,
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`for the benefit of others, a variety of goods, namely, machines and machine tools, motors and engines except
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`for land vehicles, machine coupling and transmission components except for land vehicles, agricultural
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`implements other than hand-operated, incubators for eggs, automatic vending machines, hand tools and
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`hand operated implements, enabling consumers to view and purchase these goods in a retail store, online
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`via the internet or other interactive electronic platforms, via mail order or catalogues or by means of
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`telecommunications; the bringing together, for the benefit of others, a variety of goods, namely, cutlery,
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`side arms, razors, electric razors and hair cutters, scientific, nautical, surveying, photographic,
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`cinematographic, optical, weighing, measuring, signalling, checking being supervision, life-saving and
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`teaching apparatus and instruments, apparatus and instruments for conducting, switching, transforming,
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`EXHIBIT A - AMENDMENT OF APPLICATION; CONDITIONAL WITHDRAWAL OF
`OPPOSITION PROCEEDING WITH PREJUDICE; Notice of Opposition No. 91268146
`
`

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`accumulating, regulating or controlling electricity, enabling consumers to view and purchase these goods
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`in a retail store, online via the internet or other interactive electronic platforms, via mail order or catalogues
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`or by means of telecommunications; the bringing together, for the benefit of others, a variety of goods,
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`namely, apparatus for recording, transmission or reproduction of sound or images, magnetic data carriers,
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`recording discs, compact discs, DVDs and other digital recording media, mechanisms for coin-operated
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`apparatus, cash registers, calculating machines, data processing equipment, computers, computer software,
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`fire-extinguishing apparatus, sunglasses, safety clothing, footwear and headgear, computer software,
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`computer programs, computer software and computer programs relating to or featuring games, games based
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`on skill, casino games, card games, gambling or betting, computer software and computer programs
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`downloadable from or provided via the Internet, computer application software, computer application
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`software for portable, mobile, handheld and tablet devices, computer software for telecommunications and
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`communication via local or global communication networks, including wireless local area networks, the
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`Internet, intranets, extranets, television, mobile communication, cellular and satellite networks, computer
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`software and computer hardware apparatus with multimedia and interactive functions, computer hardware,
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`computer games hardware, apparatus and instruments for recording, transmitting and reproducing sound,
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`data and/or images, magnetic data carriers, recording discs, blank and pre-recorded CDs, discs, records,
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`tapes and cassettes, digital versatile discs, discs and tapes all for video games, downloadable electronic
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`publications, electronic publications distributed via email, smart cards, magnetic coded cards, electronic
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`data carrier cards, charge cards, bank cards, credit cards, debit cards, encoded loyalty cards, chip cards,
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`stored value cards, payment cards, pre-paid cards, cards using magnetic memories and integrated circuit
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`memories, cards containing an integrated circuit chip, joysticks for use with computers, data carriers with
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`integrated electronic chips, data carriers with integrated microprocessor chips, pre-paid magnetic cards,
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`encoded chip cards containing programming used for financial applications, loyalty programs, rewards
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`programs and card holder preferences, security encoded cards, cards encoded with security features for
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`authentication purposes, hologram impregnated cards, mobile telephones, cordless telephones, cameras,
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`camera film, video cameras, camera lenses, camcorders, television apparatus and instruments, televisions,
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`EXHIBIT A - AMENDMENT OF APPLICATION; CONDITIONAL WITHDRAWAL OF
`OPPOSITION PROCEEDING WITH PREJUDICE; Notice of Opposition No. 91268146
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`satellites and decoders, video apparatus and instruments, video recording machines, video disc players,
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`combined televisions and VCR, television aerials, antennas, transformers, surge protectors, remote control
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`apparatus, audio apparatus, audio systems, headphones, speakers, loud speakers, earphone speakers,
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`speaker cables, amplifiers, portable audio apparatus and instruments, radios, clock radios, karaoke
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`machines, juke boxes, computers, lap top and notebook computers, game computers, computer peripherals,
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`computer apparatus, computer terminal, visual display units, sunglasses, frames for glasses, sport glasses
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`being eye glasses, goggles for use in sports, sports eyewear, spectacle holders, binoculars, cases adapted
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`for binoculars, swimming goggles, lenses for spectacles and sunglasses, cases for spectacles and sunglasses,
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`chains and cords for spectacles and sunglasses, protective clothing and accessories, knee pads, shields and
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`protectors for workers, elbow pads, shields and protectors for workers, helmets, protective helmets, sports
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`helmets and visors, protective glasses, sunglasses and goggles, protective clothing, headgear and footwear
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`for use in sport, face shields, abdominal guards, mouth protectors being gum shields, USB (universal serial
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`bus) storage devices, blank electronic storage media, bags and cases specifically adapted for holding and
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`carrying portable, mobile, handheld and tablet communication and computer devices and equipment and
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`accessories for such devices, carriers for mobile phones, cases for mobile phones, holders adapted for
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`mobile phones, mobile phone covers, mobile phone straps, laptop carrying cases, laptop covers, mouse
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`mats, mouse pads, cleaning apparatus for sound recording discs, headsets, virtual reality headsets and
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`helmets, wearable video display monitors, electronic message boards and electronic information display
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`boards, electronic bulletin boards, safety clothing, gloves, headgear and footwear, downloadable
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`publications, electronic publications, enabling consumers to view and purchase these goods in a retail store,
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`online via the internet or other interactive electronic platforms, via mail order or catalogues or by means of
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`telecommunications; the bringing together, for the benefit of others, a variety of goods, namely, surgical,
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`medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth, orthopaedic
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`articles, suture materials, massage apparatus, supportive bandages, furniture adapted for medical use,
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`apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply
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`and sanitary purposes, enabling consumers to view and purchase these goods in a retail store, online via the
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`EXHIBIT A - AMENDMENT OF APPLICATION; CONDITIONAL WITHDRAWAL OF
`OPPOSITION PROCEEDING WITH PREJUDICE; Notice of Opposition No. 91268146
`
`

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`internet or other interactive electronic platforms, via mail order or catalogues or by means of
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`telecommunications; the bringing together, for the benefit of others, a variety of goods, namely, air
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`conditioning apparatus, electric kettles, gas and electric cookers, vehicle lights and vehicle air conditioning
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`units, vehicles, apparatus for locomotion by land, air or water, wheelchairs, motors and engines for land
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`vehicles, vehicle body parts and transmissions, firearms, ammunition and projectiles, explosives, fireworks,
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`precious metals and their alloys, enabling consumers to view and purchase these goods in a retail store,
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`online via the internet or other interactive electronic platforms, via mail order or catalogues or by means of
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`telecommunications; the bringing together, for the benefit of others, a variety of goods, namely, jewellery,
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`costume jewellery, precious stones, horological and chronometric instruments, clocks and watches,
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`jewellery cases, watch straps, trophies all of the foregoing being of precious metal or coated therewith,
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`imitation jewellery, time keeping instruments, alarm clocks, badges of precious metal, boxes, boxes of
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`precious metal, boxes of precious metal for needles, bracelets, medals, badges of precious metals, cases for
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`clock and watch-making, chains of precious metal, clock hands, imitation gold, jewel cases of precious
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`metal, key rings, rings being jewellery, cufflinks, tie clips, tie pins, watch bands, wrist watches, ornaments
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`of precious metals, trinkets, models of precious metal, key fobs made of leather incorporating key rings,
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`musical instruments, stands and cases adapted for musical instruments, paper, cardboard, printed matter,
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`bookbinding material, photographs, stationery, adhesives for stationery or household purposes, artists'
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`materials, paint brushes, typewriters and office requisites except furniture, enabling consumers to view and
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`purchase these goods in a retail store, online via the internet or other interactive electronic platforms, via
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`mail order or catalogues or by means of telecommunications; the bringing together, for the benefit of others,
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`a variety of goods, namely, instructional and teaching material except apparatus, plastic materials for
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`packaging, printers' type, printing blocks, rubber, gutta-percha, gum, asbestos, mica, plastics in extruded
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`form for use in manufacture, semi-finished plastics materials for use in further manufacture, stopping and
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`insulating materials, flexible non-metallic pipes, enabling consumers to view and purchase these goods in
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`a retail store, online via the internet or other interactive electronic platforms, via mail order or catalogues
`
`or by means of telecommunications; the bringing together, for the benefit of others, a variety of goods,
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`EXHIBIT A - AMENDMENT OF APPLICATION; CONDITIONAL WITHDRAWAL OF
`OPPOSITION PROCEEDING WITH PREJUDICE; Notice of Opposition No. 91268146
`
`

`

`namely, leather and imitations of leather, animal skins and hides, luggage and carrying bags, umbrellas and
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`parasols, walking sticks, whips, harness and saddlery, collars, leashes and clothing for animals, trunks and
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`travelling bags, key cases, purses, bags, handbags, briefcases, boot bags, holdalls, luggage, suitcases,
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`rucksacks, backpacks, sporting bags, wallets, credit card holders, pocket wallets, pocket books, card cases,
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`luggage labels, belts, bags for travel accessories, shoe bags for travel and garment bags, briefcases,
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`document cases and portfolios, school bags and school satchels, handbags, shoulder bags, clutch bags, tote
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`bags, sports bags, athletic bags, beach bags, shopping bags, record bags, belt bags, toilet bags, hip pouches,
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`baby and child carriers, golf umbrellas, golf umbrella seats, parasols, clothing, footwear, headgear, enabling
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`consumers to view and purchase these goods in a retail store, online via the internet or other interactive
`
`electronic platforms, via mail order or catalogues or by means of telecommunications; the bringing together,
`
`for the benefit of others, a variety of goods, namely, clothing for animals, non-metallic building materials,
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`non-metallic rigid pipes for building, asphalt, pitch and bitumen, enabling consumers to view and purchase
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`these goods in a retail store, online via the internet or other interactive electronic platforms, via mail order
`
`or catalogues or by means of telecommunications; the bringing together, for the benefit of others, a variety
`
`of goods, namely, non-metallic transportable buildings, non-metallic monuments, non-metallic framed
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`conservatories, doors and windows, furniture, mirrors, picture frames, articles made of wood, cork, reed,
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`cane, wicker, shell, amber, mother-of-pearl, meerschaum or plastic, garden furniture, pillows and cushions,
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`household or kitchen utensils and containers, enabling consumers to view and purchase these goods in a
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`retail store, online via the internet or other interactive electronic platforms, via mail order or catalogues or
`
`by means of telecommunications; the bringing together, for the benefit of others, a variety of goods, namely,
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`combs and sponges, brushes, brush-making materials, articles for cleaning purposes, steel wool, articles
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`made of ceramics, glass, porcelain or earthenware, plates and dishes, bowls, electric and non-electric
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`toothbrushes, ropes, string, nets, tents, awnings, tarpaulins, sails, sacks for transporting bulk materials,
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`padding and stuffing materials which are not made of rubber or plastics, enabling consumers to view and
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`purchase these goods in a retail store, online via the internet or other interactive electronic platforms, via
`
`mail order or catalogues or by means of telecommunications; the bringing together, for the benefit of others,
`
`EXHIBIT A - AMENDMENT OF APPLICATION; CONDITIONAL WITHDRAWAL OF
`OPPOSITION PROCEEDING WITH PREJUDICE; Notice of Opposition No. 91268146
`
`

`

`a variety of goods, namely, textiles and substitutes for textiles, household linen, curtains of textile or plastic,
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`bed linen, bed covers, bed clothes, bed spreads, quilt covers, duvet covers, sheets, pillow cases, pillow
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`covers, quilts, duvets, eiderdowns, sleeping bags, travelling rugs being lap robes, bath linen, towels,
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`flannels, face towels, shower curtains, table linen, table cov