`
`ESTTA Tracking number:
`
`ESTTA1245229
`
`Filing date:
`
`11/01/2022
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`91276958
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Defendant
`Spear AI, Inc.
`
`JOHN PAUL OLEKSIUK
`COOLEY LLP
`1299 PENNSYLVANIA AVENUE, NW, SUITE 700
`WASHINGTON, DC 20004-2400
`UNITED STATES
`Primary email: trademarks@cooley.com
`Secondary email(s): eyu@cooley.com, jpo@cooley.com, cghazari-
`an@cooley.com
`310-883-6400
`
`Other Motions/Submissions
`
`Colette Ghazarian
`
`trademarks@cooley.com, cghazarian@cooley.com, jpo@cooley.com
`
`/Colette Ghazarian/
`
`11/01/2022
`
`Attachments
`
`Speartip v. Spear AI Stipulation.pdf(1031350 bytes )
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARKOFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Application Nos. 90/787,580, 90/787,583, and 90/787,585
`For the mark: SPEAR AI
`Published in the Official Gazette On: April 25, 2022
`
`Opposition No, 91,276,958
`
`) )
`
`) )
`
`)
`
`) )
`
`) )
`
`Speartip, LLC,
`
`Opposer,
`
`Vv
`
`Spear Al, Inc.,
`
`Applicant.
`
`)
`
`JOINT MOTION AND STIPULATION TO AMEND APPLICATIONS AND
`CONTINGENT DISMISSAL OF OPPOSITION
`
`
`Pursuant to 37 C.F.R. § 2.133 and TrademarkTrial and Appeal Board Manualof
`
`Procedure § 514, Opposer, Speartip, LLC, and Applicant, Spear AI, Inc., hereby request that the
`
`USPTO and Board amendthe identification of services for the opposed applications, as follows
`
`(additions in bold italics):
`
`e
`
`e
`
`SPEARAI(Ser. No. 90/787,580) — Downloadable computer software using artificial
`intelligence for advanced processing of outputs from physical
`sensors in the
`electromagnetic and other spectrums; Recorded computer software using artificial
`intelligence for detection and classification of outputs from physical sensors in the
`electromagnetic and other spectrums; none of the foregoingin the field of computer
`andoperational technology security
`
`SPEARAI (Ser. No. 90/787,583) — Technical consulting in the field of artificial
`intelligence (Al) hardware customization; none of the foregoing in the field of
`computer and operational technologysecurity
`
`
`
`e
`
`SPEARAIT(Ser. No. 90/787,585) — Technical consulting in the field ofartificial
`intelligence (AI) software customization; application service provider (ASP) featuring
`software using artificial
`intelligence for advanced processing of data from physical
`sensors; providing temporary use of on-line non-downloadable software and
`applications using artificial intelligence for advanced processing of data from physical
`sensors; software as a service (SAAS) services featuring software using artificial
`intelligence for advanced processing of data from physical sensors;
`technology
`consultation in the field of artificial intelligence; research in the field of artificial
`intelligence; none of the foregoing in the field of computer and operational
`technology security
`
`Because the amendments are limiting in nature and Opposerhas provided its consent to
`
`entry, the Parties respectfully request the amendments be approved. See 35 C.F.R. § 2.71(a).
`
`Contingent upon the Board’s acceptance of the above amendments or amendments
`
`substantially similar to the above, Applicant and Opposer, through undersigned counsel, also
`
`move for and stipulate to the dismissal of Opposition No. 91,276,958 with prejudice. The Parties
`
`further request that the Board suspendall deadlines in this proceeding pending the disposition of
`
`this Motion. See 37 C.F.R. § 2.127(d).
`
`Date:
`By: i C wm4MAL By:
`Date:
`fof, = Z2
`
`(cid:47)(cid:80)(cid:87)(cid:70)(cid:78)(cid:67)(cid:70)(cid:83)(cid:1)(cid:18)(cid:13)(cid:1)(cid:19)(cid:17)(cid:19)(cid:19)
`
`Emmett McAuliffe
`RIEZMAN BERGER PC
`7700 Bonhomme Ave, Suite 700
`Saint Louis, MO 63105
`(314) 727-0101
`rem@riezmanberger.com
`
`John Paul Oleksiuk
`Colette Ghazarian
`COOLEY LLP
`55 Hudson Yards
`New York, NY 10001
`jpo@cooley.com
`cghazarian@cooley.com
`
`Counsel for Opposer Speartip, LLC
`
`Counselfor Applicant Spear AL, Inc.
`
`
`
`CERTIFICATE OF SERVICE
`
`
`I hereby certify that a true and complete copy of the foregoing JOINT MOTION AND
`
`STIPULATION TO AMEND APPLICATIONS AND CONTINGENT DISMISSAL OF
`
`OPPOSITION is being served upon Opposer by forwarding said copy via email to:
`
`Emmett McAuliffe
`Riesman Berger PC
`7700 Bonhomme Ave., Ste. 700
`Saint Louis, MO 63105
`rem@riezmanberger.com
`Tel: 3147270101
`
`
`
`Date: November 1, 2022
`
`
`
`
`
`
`/s/ Colette Ghazarian
` Colette Ghazarian
`
`
`
`

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