ESTTA Tracking number:
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`ESTTA1314499
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`Filing date:
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`10/06/2023
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding no.
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`91277796
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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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`Defendant
`Happify Inc.
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`MICHAEL R. GILMAN
`KAPLAN BREYER SCHWARZ LLP
`90 MATAWAN RD.
`SUITE 201
`MATAWAN, NJ 07747
`UNITED STATES
`Primary email: trademarks@kbsiplaw.com
`Secondary email(s): mgilman@kbsiplaw.com
`732-578-0103
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`Other Motions/Submissions
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`Michael R. Gilman
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`mgilman@kbsiplaw.com, trademarks@kbsiplaw.com
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`/Michael R. Gilman/
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`10/06/2023
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`Attachments
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`GLOWE - Stipulated Motion to Amend_Withdraw - Executed.pdf(142474 bytes )
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`
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`Opposition No. 91277796
`Serial No. 90/655479
`Mark: GLOWE
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`Opposer,
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`v.
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`Applicant.
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`Glo Digital, Inc.
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`Happify Inc.
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`STIPULATED MOTION TO AMEND GOODS/SERVICES IN APPLICATION AND
`WITHDRAW OPPOSITION
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`Applicant, Happify Inc. requests that the identification of goods and services in its
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`Application Serial No. 90/655479 be amended to read as follows:
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` Class 9: Downloadable interactive multimedia computer program for use in the
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`fields of self-improvement, positive psychology, personal happiness, mental health
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`and wellness for use on computers, mobile phones, portable media players,
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`handheld computers, and other mobile devices; Downloadable computer game
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`software; Downloadable game software for use on computers, mobile phones,
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`portable media players, handheld computers, and other mobile devices;
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`Downloadable Software as a Medical Device (SaMD) for treating psychological
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`conditions; Recorded Software as a Medical Device (SaMD) for treating
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`psychological conditions; all of the aforesaid goods used in connection with an
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`FDA-approved medical device prescribed by a licensed medical practitioner
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`and being or relating to digital therapeutics in the fields of mental health; none
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`of the aforesaid being in the fields of yoga or physical fitness training
` Class 41: Educational services, namely, providing a website featuring non-
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`downloadable publications in the nature of articles in the fields of self-
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`improvement, positive psychology, personal happiness, and mental health and
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`wellness; Providing a web site featuring non-downloadable instructional videos in
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`the field of self-improvement, positive psychology, personal happiness, and mental
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`health and wellness; Providing a website featuring non-downloadable publications
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`in the nature of articles in the field of self-improvement, positive psychology,
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`personal happiness, and mental health and wellness; Entertainment services,
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`namely, providing a web site featuring photographic, audio, video and prose
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`presentations featuring self-improvement, positive psychology, personal happiness,
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`and mental health and wellness; Providing non-downloadable videos in the field of
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`self-improvement, positive psychology, personal happiness, and mental health and
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`wellness via a website; Providing a website featuring blogs and non-downloadable
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`publications in the nature of articles in the field(s) of self-improvement, positive
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`psychology, personal happiness, and mental health and wellness; Providing a
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`website featuring non-downloadable articles in the field of self-improvement,
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`positive psychology, personal happiness, and mental health and wellness;
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`Providing a website featuring non-downloadable videos in the field of self-
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`improvement, positive psychology, personal happiness, and mental health and
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`wellness; Providing a website featuring resources, namely, non-downloadable
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`publications in the nature of articles in the field of self-improvement, positive
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`psychology, personal happiness, and mental health and wellness; all of the
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`aforesaid services used in connection with an FDA-approved medical device
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`prescribed by a licensed medical practitioner and being or relating to digital
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`therapeutics in the fields of mental health; none of the aforesaid being in the
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`fields of yoga or physical fitness training
` Class 44: Providing a web site featuring information in the field of mental health
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`and wellness; Providing information in the field of psychological counseling and
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`treatment; Providing wellness services, namely, personal assessments, personalized
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`routines, maintenance schedules, and counseling; Providing a website featuring
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`information about health and wellness, namely, positive psychology, personal
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`happiness, and mental health and wellness; Providing a website featuring
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`information in the field of the diagnosis and treatment of psychological conditions;
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`Providing a website featuring information in the field of positive psychology,
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`personal happiness, and mental health and wellness health; all of the aforesaid
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`services used in connection with an FDA-approved medical device prescribed
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`
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`by a licensed medical practitioner and being or relating to digital therapeutics
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`in the fields of mental health; none of the aforesaid being in the fields of yoga
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`or physical fitness training
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` Class 45: Providing a website featuring information in the field of self-
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`improvement; all of the aforesaid services used in connection with an FDA-
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`approved medical device prescribed by a licensed medical practitioner and
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`being or relating to digital therapeutics in the fields of mental health; none of
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`the aforesaid being in the fields of yoga or physical fitness training
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`The limiting wording “all of the aforesaid goods used in connection with an FDA-
`approved medical device prescribed by a licensed medical practitioner and being or
`relating to digital therapeutics in the fields of mental health; none of the aforesaid being in
`the fields of yoga or physical fitness training” has been added in furtherance of a settlement
`between the parties.
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`Counsel for the Opposer, Rebecca Liebowitz, hereby consent to this Motion and the
`requested amendment, and, upon acceptance and entry of this amendment, Opposer hereby
`withdraws, its Opposition No. 91277796 to registration of the mark shown in Application Serial
`No. 90/655479.
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`Respectfully submitted,
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`Respectfully submitted,
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`/Michael R. Gilman/
`_____________________________
`Michael Gilman
`Kaplan Breyer Schwarz LLP, LLP
`90 Matawan Rd., Suite 201
`Matawan, NJ 07747
`Phone: 202-263-4300
`trademarks@kbsiplaw.com
`mgilman@kbsiplaw.com
`Attorneys for Applicant
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`Dated:
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`October 6, 2023
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`/rliebowitz/
`________________________
`Rebecca Liebowitz
`VENABLE LLP
`P.O. Box 34385
`Washington, D.C. 20043-9998
`Telephone: (202) 344 7976
`rliebowitz@venable.com
`trademarkdocket@venable.com
`Attorneys for Opposer
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`Dated: October 6, 2023
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