Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1249410
`
`Filing date:
`
`11/21/2022
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`91276182
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Defendant
`Titan Medical Inc.
`
`JONATHAN A MENKES
`KNOBBE MARTENS OLSON & BEAR LLP
`2040 MAIN STREET, 14TH FLOOR
`IRVINE, CA 92614
`UNITED STATES
`Primary email: efiling@knobbe.com
`949-760-0404
`
`Other Motions/Submissions
`
`Morgan Robertson
`
`efiling@knobbe.com, betty.delatorre@knobbe.com
`
`/Morgan Robertson/
`
`11/21/2022
`
`2022-11-21 STIPULATED REQUEST TO AMEND APPLICATION AND STIPU-
`LATED CON TINGENT WITHDRAWAL OF OPPOSITION WITHOUT PREJU-
`DICE TMEDT.095M.pdf(174058 bytes )
`
`
`
`ESTTA Tracking number:
`
`ESTTA1249410
`
`Filing date:
`
`11/21/2022
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`91276182
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Defendant
`Titan Medical Inc.
`
`JONATHAN A MENKES
`KNOBBE MARTENS OLSON & BEAR LLP
`2040 MAIN STREET, 14TH FLOOR
`IRVINE, CA 92614
`UNITED STATES
`Primary email: efiling@knobbe.com
`949-760-0404
`
`Other Motions/Submissions
`
`Morgan Robertson
`
`efiling@knobbe.com, betty.delatorre@knobbe.com
`
`/Morgan Robertson/
`
`11/21/2022
`
`2022-11-21 STIPULATED REQUEST TO AMEND APPLICATION AND STIPU-
`LATED CON TINGENT WITHDRAWAL OF OPPOSITION WITHOUT PREJU-
`DICE TMEDT.095M.pdf(174058 bytes )
`
`
`
`TMEDT.095M
`
`
`TRADEMARK
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`Opposition No.: 91276182
`
`App. Serial No.: 90573147
`
`
`Mark:
`
`
`
`
`
`) ) ) ) ) ) ) )
`
`
`
`
`COLOPLAST A/S,
`
`Opposer,
`
`v.
`
`TITAN MEDICAL INC.,
`
`Applicant.
`
`STIPULATED REQUEST TO AMEND APPLICATION AND STIPULATED
`CONTINGENT WITHDRAWAL OF OPPOSITION WITHOUT PREJUDICE
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`Dear Sir/Madam:
`
`
`
`The parties, through their undersigned counsel, jointly file this Stipulated Request to
`
`Amend Application and Stipulated Contingent Withdrawal of Opposition.
`
`
`
`By and through this filing, Applicant, Titan Medical Inc. (“Applicant”) hereby moves
`
`pursuant to 37 C.F.R. § 2.133(a) to amend U.S. Trademark Application Serial No. 90/573147 for
`
`the mark
`
`follows:
`
` (the “Application”). The goods description should be amended as
`
`Proposed goods in International Class 10: Computer-assisted surgical apparatus kit
`
`primarily comprised of a surgical workstation comprised of a robotic control device and
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`surgical devices and instruments, surgeon's workstation, electrical video display monitors,
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`input controllers, and surgical patient cart; Computer-assisted surgical device and
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`apparatus, in particular endoscopic cameras for medical use, surgical instruments,
`
`
`
`electrosurgical instruments, and surgical products in the nature of surgical drapes; none of
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`the foregoing being directed for use with implanting penile implants or prostheses
`
`Opposer, Coloplast A/S (“Opposer”), hereby consents to the foregoing amendment.
`
`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
`
`amend the Application as set forth above, Opposer notices the withdrawal of its opposition to
`
`Application Serial No. 90/573147.
`
`
`
`WHEREFORE, the parties request that this Stipulated Request to Amend Application be
`
`accepted, 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.
`
`Respectfully submitted this 21 day of November, 2022.
`
`
`
`__/Morgan Robertson/____________
`
`Jonathan Menkes
`Morgan Robertson
`Knobbe Martens Olson & Bear LLP
`2040 Main Street, 14th Floor
`Irvine, California 92614
`Telephone: (949) 760-0404
`Facsimile: (949) 760-9502
`
`Attorneys for Applicant
`Titan Medical Inc.
`
`
`
`
`
`
`
`
`
`
`
`
`
`__/Simor Moskowitz/___________________
`
`Simor L. Moskowitz
`
` Westerman, Hattori, LLP
`8500 Leesburg Pike, Suite 7500
`
`
`Tysons, Virginia 22182
`
`
`
`Telephone: (703) 827-3500
`
`Facsimile: (571) 395-8753
`
`
`
`Attorneys for Opposer
`
`Coloplast A/S
`
`
`
`
`
`
`I hereby certify that a true and complete copy of the foregoing STIPULATED REQUEST
`
`CERTIFICATE OF SERVICE
`
`TO AMEND APPLICATION AND STIPULATED CONTINGENT WITHDRAWAL OF
`
`OPPOSITION WITHOUT PREJUDICE has been served on the Applicant’s counsel of record
`
`on November 21, 2022 via electronic mail to:
`
`
`SIMOR L. MOSKOWITZ
`WESTERMAN, HATTORI, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA 22182
`UNITED STATES
`smoskowitz@whda.com
`tjeffery@whda.com, trademarkmail@whda.com
`
`
`
`
`Signature:
`
`
`
`Name: Betty De La Torre
`
`Date: November 21, 2022
`
`
`
`
`
`
`
`
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