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`UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`General Contact Number: 571-272-8500
`General Email: TTABInfo@uspto.gov
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`August 16, 2024
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`Opposition No. 91290247
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`Hugo Boss AG
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`v.
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`Floyd Bennett
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`Steven W. Ferrell Jr., Interlocutory Attorney:
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`On July 2, 2024, the Board entered default judgment under Fed. R. Civ. P. 55(b)
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`after Applicant failed to timely file an answer by the deadline of April 20, 2024.
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`On July 18, 2024, Applicant filed a motion for relief from default judgment
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`pursuant to Fed. R. Civ. P. 55(c) and 60(b) and a proposed amendment to application
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`Serial No. 97089316, with Opposer’s consent, and Opposer’s withdrawal without
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`prejudice of the opposition, contingent upon entry of the amendment.1
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`Default Judgment Set Aside
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`Applicant has indicated Opposer’s consent to Applicant’s motion to set aside the
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`default judgment, and Opposer has not filed any opposition to the motion.
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`Accordingly, Applicant’s motion for relief from default judgment is granted and the
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`judgment by default is hereby set aside.
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`1 The Board construes Applicant’s July 18, 2024 submission as superseding its July 9, 2024
`submission. Accordingly, the July 9, 2024 submission will receive no further consideration.
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`Opposition No. 91290247
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`Amendment to Identification of Services
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`By the proposed amendment, Applicant seeks to amend the identification of
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`services in International Class 35 (bolded wording is added and struck-through
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`wording is deleted) as follows:
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`FROM: Advertising services; Advertising, Marketing and promotion services in
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`field of comic books; Business Administration; Business
`management; Business marketing services
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`TO:
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`Comic Bookstore Business Administration none of which in the
`field of physical or virtual fashion
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`A proposed amendment to any application which is the subject of an inter partes
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`proceeding is governed by Trademark Rule 2.133, and must also comply with all
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`applicable rules and statutory provisions, including Trademark Rules 2.56, 2.59, and
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`2.71, 37 C.F.R. §§ 2.56, 2.59, 2.71. See TBMP §§ 514.01 and 605.03(b).
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`Here, while the amendment is limiting in nature, as required by Trademark Rule
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`2.71(a), and Opposer consents thereto, an application based on use in commerce
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`under Trademark Act Section 1(a) must include one specimen per class showing the
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`mark as actually used in commerce on or in connection with the goods or services
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`identified. See Trademark Rule 2.56(a), 37 C.F.R. § 2.56(a).
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`In this case, Applicant has not provided a verified substitute specimen that shows
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`the mark as use in connection with Applicant’s amended services. See Trademark
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`Rule 2.59(a), 37 C.F.R. § 2.59(a). The required verified declaration must state that
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`the substitute specimen was in use in commerce at least as early as the filing date of
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`the application. See id.
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`2
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`Opposition No. 91290247
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`In view of these findings, the motion to amend is denied without prejudice.
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`The present identification of services, that is, the identification of services prior to
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`the filing of the motion to amend, remains operative for purposes of future
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`amendment.
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`Inasmuch as the filing of the proposed amendment indicates to the Board that the
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`parties are making efforts to settle this matter, proceedings remain suspended, and
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`the parties are allowed until thirty days from the date of this order to file a
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`revised motion to amend, failing which the Board will resume proceedings and reset
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`dates, and the opposition will go forward on the present application.
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`3
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