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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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`October 22, 2024
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`Opposition No. 91291053
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`Hugo Boss AG
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`v.
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`Spindlehorse
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`
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`By the Trademark Trial and Appeal Board:
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`On October 16, 2024, Applicant filed the parties’ stipulated proposed amendments
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`to application Serial No. 97863568, and Opposer’s withdrawal of the opposition with
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`prejudice, contingent upon entry of the amendments. 14 TTABVUE.
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`By the proposed amendments, Applicant seeks to amend the identification of
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`goods and services in International Classes 16, 25, 28, and 41 as follows (proposed
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`deletions are shown in strike-through, and proposed wording to be added is shown in
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`bold font):1
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`INTERNATIONAL CLASS 16
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`From: Art pictures in the nature of drawings; Art pictures in the nature of
`paintings; Art prints; Blank journal books; Blank note cards; Cartoon
`prints; Collectible printed trading cards; Colored pencils; Colored pens;
`Craft paper; Decals; Drawing pads; Drawing paper; Erasers; Gift wrap
`paper; Gift wrapping paper; Graphic art prints; Graphic art
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`1 The Board has corrected “forgoing” to read “foregoing” in the proposed additions in
`accordance with the parties’ agreement.
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`

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`Opposition No. 91291053
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`reproductions; Graphic prints; Notebook covers; Paper gift bags; Paper
`tablecloths; Party decorations of paper; Party ornaments of paper; Pen
`and pencil boxes; Pen and pencil cases; Pencils; Pens; Photographic
`prints; Printed notebooks; Printed books in the field of action,
`adventure, animation being animation cels and cartoon strips, children’s
`entertainment, comedy, drama, fantasy, fiction, mystery and science
`fiction; Printed calendars; Printed children’s activity books; Printed
`children’s books; Printed comic strips; Printed fiction books on a variety
`of topics; Printed greeting cards; Printed note cards; Printed picture
`cards; Printed postcards; Printed posters; Printed stationery; Series of
`printed children’s books; Sketch books; Stationery; Stickers; Stickers
`and sticker albums; Wall decals; Wall stickers; Wrapping paper
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`
`To: Art pictures in the nature of drawings; Art pictures in the nature of
`paintings; Art prints; Blank journal books; Blank note cards; Cartoon
`prints; Collectible printed trading cards; Colored pencils; Colored pens;
`Craft paper; Decals; Drawing pads; Drawing paper; Erasers; Gift wrap
`paper; Gift wrapping paper; Graphic art prints; Graphic art
`reproductions; Graphic prints; Notebook covers; Paper gift bags; Pap er
`tablecloths; Party decorations of paper; Party ornaments of paper; Pen
`and pencil boxes; Pen and pencil cases; Pencils; Pens; Photographic
`prints; Printed notebooks; Printed books in the field of action,
`adventure, animation being animation cels and cartoon strips, children’s
`entertainment, comedy, drama, fantasy, fiction, mystery and science
`fiction; Printed calendars; Printed children’s activity books; Printed
`children’s books; Printed comic strips; Printed fiction books on a variety
`of topics; Printed greeting cards; Printed note cards; Printed picture
`cards; Printed postcards; Printed posters; Printed stationery; Series of
`printed children’s books; Sketch books; Stationery; Stickers; Stickers
`and sticker albums; Wall decals; Wall stickers; Wrapping paper, all the
`foregoing goods related to an animated series
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`INTERNATIONAL CLASS 25
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`From: Socks; Vests; Bandanas; Shoes; Shorts; Skirts; Aprons; Baseball caps
`and hats; Bottoms as clothing; Cap visors; Clothing jackets; Coats;
`Dresses; Footwear; Gloves; Hats; Headbands; Headwear; Hoodies;
`Leggings; Loungewear; Neckties; Pajamas; Pants; Rainwear; Scarves;
`Shirts; Short-sleeved or long-sleeved t-shirts; Short-sleeved shirts;
`Sleepwear; Sweatbands; Sweaters; Sweatpants; Sweatshirts;
`Swimwear; Ties as clothing; Tops as clothing; Underwear; Veils
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`(Class deleted)
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`To:
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`2
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`

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`Opposition No. 91291053
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`INTERNATIONAL CLASS 28
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`From: Plush toys; Action figure toys; Action figures; Action figures and
`accessories therefor; Balloons; Balls for games; Board games; Card
`games; Children’s multiple activity toys; Doll accessories; Dolls;
`Electronic action toys; Game tables; Molded toy figures; Play balls;
`Playing cards; Puppets; Smart plush toys; Soft sculpture plush toys;
`Stuffed and plush toys; Stuffed dolls; Stuffed puppets; Stuffed toys; Toy
`action figures; Toy action figures and accessories therefor; Trading cards
`for games
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`
`To: Plush toys; Action figure toys; Action figures; Action figures and
`accessories therefor; Balloons; Balls for games; Board games; Card
`games; Children’s multiple activity toys; Doll accessories; Dolls;
`Electronic action toys; Game tables; Molded toy figures; Play balls;
`Playing cards; Puppets; Smart plush toys; Soft sculpture plush toys;
`Stuffed and plush toys; Stuffed dolls; Stuffed puppets; Stuffed toys; Toy
`action figures; Toy action figures and accessories therefor; Trading cards
`for games, all the foregoing goods related to an animated series
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`INTERNATIONAL CLASS 41
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`From: Production and distribution of motion pictures; Production and
`distribution of television shows and movies; Production of films;
`Production of television programs; Entertainment in the nature of
`ongoing television programs in the field of action, adventure, animated
`cartoons, children’s entertainment, comedy, drama, fantasy, mystery
`and science fiction; Entertainment services, namely, an ongoing series
`featuring
`action,
`adventure,
`animated
`cartoons,
`children’s
`entertainment, comedy, drama, fantasy, mystery and science fiction
`provided through Internet transmission and streaming; Entertainment
`services, namely, continuing video programs
`featuring action,
`adventure, animated cartoons, children’s entertainment, comedy,
`drama, fantasy, mystery and science fiction accessible by means of
`Internet transmission and streaming; Entertainment services, namely,
`continuing video programs featuring action, adventure, animated
`cartoons, children’s entertainment, comedy, drama, fantasy, mystery
`and science fiction distributed via various platforms across multiple
`forms of transmission media; Entertainment services, namely,
`production and distribution of ongoing television programs in the field
`of action, adventure, animated cartoons, children’s entertainment,
`comedy, drama, fantasy, mystery and science fiction; Entertainment
`services, namely, providing video podcasts in the field of action,
`adventure, animated cartoons, children’s entertainment, comedy,
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`3
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`

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`Opposition No. 91291053
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`drama, fantasy, mystery and science fiction; Entertainment, namely,
`production of television programs, videos and video segments;
`Entertainment, namely, a continuing children’s entertainment and
`animated cartoon show broadcast over television, satellite, audio, and
`video media; Production and distribution of videos in the field of action,
`adventure, animated cartoons, children’s entertainment, comedy,
`drama, fantasy, mystery and science fiction; Providing a website
`featuring non-downloadable videos in the field of action, adventure,
`animated cartoons, children’s entertainment, comedy, drama, fantasy,
`mystery and science fiction; Providing films, not downloadable, via
`video-on-demand transmission services; Providing non-downloadable
`videos in the field of action, adventure, animated cartoons, children’s
`entertainment, comedy, drama, fantasy, mystery and science fiction via
`a website; Providing on-line videos featuring action, adventure,
`animated cartoons, children’s entertainment, comedy, drama, fantasy,
`mystery and science fiction, not downloadable; Providing online non-
`downloadable videos in the field of action, adventure, animated
`cartoons, children’s entertainment, comedy, drama, fantasy, mystery
`and science fiction; Providing television programs, not downloadable,
`via video-on-demand transmission services; Provision of non-
`downloadable films and movies via a video-on-demand service; Provision
`of non-downloadable films and television programmes via a video-on-
`demand service
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`To: Production and distribution of motion pictures; Production and
`distribution of television shows and movies; Production of films;
`Production of television programs; Entertainment in the nature of
`ongoing television programs in the field of action, adventure, animated
`cartoons, children’s entertainment, comedy, drama, fantasy, mystery
`and science fiction; Entertainment services, namely, an ongoing series
`featuring
`action,
`adventure,
`animated
`cartoons,
`children’s
`entertainment, comedy, drama, fantasy, mystery and science fiction
`provided through Internet transmission and streaming; Entertainment
`services, namely, continuing video programs
`featuring action,
`adventure, animated cartoons, children’s entertainment, comedy,
`drama, fantasy, mystery and science fiction accessible by means of
`Internet transmission and streaming; Entertainment services, namely,
`continuing video programs featuring action, adventure, animated
`cartoons, children’s entertainment, comedy, drama, fantasy, mystery
`and science fiction distributed via various platforms across multiple
`forms of transmission media; Entertainment services, namely,
`production and distribution of ongoing television programs in the field
`of action, adventure, animated cartoons, children’s entertainment,
`comedy, drama, fantasy, mystery and science fiction; Entertainment
`
`
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`4
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`

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`Opposition No. 91291053
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`services, namely, providing video podcasts in the field of action,
`adventure, animated cartoons, children’s entertainment, comedy,
`drama, fantasy, mystery and science fiction; Entertainment, namely,
`production of television programs, videos and video segments;
`Entertainment, namely, a continuing children’s entertainment and
`animated cartoon show broadcast over television, satellite, audio, and
`video media; Production and distribution of videos in the field of action,
`adventure, animated cartoons, children’s entertainment, comedy,
`drama, fantasy, mystery and science fiction; Providing a website
`featuring non-downloadable videos in the field of action, adventure,
`animated cartoons, children’s entertainment, comedy, drama, fantasy,
`mystery and science fiction; Providing films, not downloadable, via
`video-on-demand transmission services; Providing non-downloadable
`videos in the field of action, adventure, animated cartoons, children’s
`entertainment, comedy, drama, fantasy, mystery and science fiction via
`a website; Providing on-line videos featuring action, adventure,
`animated cartoons, children’s entertainment, comedy, drama, fantasy,
`mystery and science fiction, not downloadable; Providing online non-
`downloadable videos in the field of action, adventure, animated
`cartoons, children’s entertainment, comedy, drama, fantasy, mystery
`and science fiction; Providing television programs, not downloadable,
`via video-on-demand transmission services; Provision of non-
`downloadable films and movies via a video-on-demand service; Provision
`of non-downloadable films and television programmes via a video -on-
`demand service, all the foregoing services related to an animated
`series
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`
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`The amendments to International Classes 16, 28, and 41 are limiting in nature,
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`as required by Trademark Rule 2.71(a). Because Opposer consents thereto, the
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`amendments are approved and entered. See Trademark Rule 2.133(a).
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`With respect to the amendment to International Class 25, when an applicant files
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`a request to amend a multiple-class application to delete a class in its entirety, the
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`amendment is effectively an abandonment of the application with respect to that
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`class. See also TRADEMARK TRIAL AND APPEAL BOARD MANUAL OF PROCEDURE § 602.01
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`(2024). “After the commencement of an opposition … proceeding, if the applicant files
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`a written abandonment of the application or of the mark without the written consent
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`5
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`

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`Opposition No. 91291053
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`of every adverse party to the proceeding, judgment shall be entered against the
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`applicant.” Trademark Rule 2.135. Inasmuch as Opposer’s written consent is of
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`record, the application stands abandoned as to International Class 25 only.
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`The contingency in Opposer’s withdrawal having now been met, the opposition is
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`dismissed with prejudice.
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`6
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