ESTTA Tracking number:
`
`ESTTA1399778
`
`Filing date:
`
`12/04/2024
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`91293350
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Defendant
`Sugo, LLC
`
`JULIAN GONZALEZ
`GOLDSTEIN PATENT LAW
`320 BROAD ST
`RED BANK, NJ 07701
`UNITED STATES
`Primary email: julian@goldsteinpc.com
`Secondary email(s): welcome@goldsteinpc.com, rachel@goldsteinpc.com
`718-551-0534
`
`Motion to Amend/Amended Answer or Counterclaim
`
`Julian Gonzalez
`
`julian@goldsteinpc.com, rachel@goldsteinpc.com
`
`/Julian Gonzalez/
`
`12/04/2024
`
`Attachments
`
`G4910TMOPP_Motion_to_Amend_Application_FINAL.pdf(1630758 bytes )
`
`
`
`ESTTA1399778
`
`Filing date:
`
`12/04/2024
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`91293350
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Defendant
`Sugo, LLC
`
`JULIAN GONZALEZ
`GOLDSTEIN PATENT LAW
`320 BROAD ST
`RED BANK, NJ 07701
`UNITED STATES
`Primary email: julian@goldsteinpc.com
`Secondary email(s): welcome@goldsteinpc.com, rachel@goldsteinpc.com
`718-551-0534
`
`Motion to Amend/Amended Answer or Counterclaim
`
`Julian Gonzalez
`
`julian@goldsteinpc.com, rachel@goldsteinpc.com
`
`/Julian Gonzalez/
`
`12/04/2024
`
`Attachments
`
`G4910TMOPP_Motion_to_Amend_Application_FINAL.pdf(1630758 bytes )
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE
`
`TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In the matter of Trademark Application No.
`98/184,492
`____________________________________
`HUGO BOSS AG,
`
`
`
`)
`
`
`
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`)
`
`
`
`Opposer,
`
`)
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`)
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`V.
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`)
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`)
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`
`)
`SUGO, LLC,
`
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`)
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`
`)
`
`
`
`
`
`
`)
`
`
`
`Applicant.
`
`)
`____________________________________)
`
`
`
`Opposition No.: 91293350
`
`CONSENT MOTION TO AMEND APPLICATION
`
`
`
`Pursuant to Rule 37 C.F.R. §2.133(a) and TBMP § 514.01, Applicant, SUGO, LLC,
`
`makes this motion to amend trademark application Serial No. 98/184,492 at issue in this
`
`proceeding with consent from Opposer, HUGO BOSS AG.
`
`Applicant requests that U.S. Application Serial No. 98/184,492 for the mark
`
`SUGOWEAR be amended to include the underlined and delete the stricken through as follows:
`
`IC 025:
`
`Scarves; Skirts; Suits; Swimwear; Tunics; Belts for clothing; Bottoms as
`
`clothing; Dresses; Footwear; Jumper dresses; Rompers; Tops as clothing
`
`hat and glove sets; caftans
`
`Such that the amended identification of goods and services in its application for the mark
`
`SUGOWEAR, in Serial No. 98/184,492, respectively, now reads:
`
`IC 005:
`
`Scarves; Tunics; Belts for clothing; hat and glove sets; caftans
`
`
`
`1
`
`
`
`Since the proposed amendments serve to clarify and limit, and do not broaden, the
`
`identification of goods and services, in compliance with 37 C.F.R. § 2.71(a), Applicant submits
`
`that the amendments are permissible.
`
`Further, Applicant requests that the U.S. Application Serial No. 98/184,492 for the mark
`
`SUGOWEAR be amended to the following mark:
`
`
`
`Applicant proposes to include the following mark description:
`
`The mark consists of the stylized wording “sugowear” centered over a stylized flower
`
`with stylized pedals radiating radially outwardly from the wording “sugowear.”
`
`Lastly, Applicant submits herein and amendment to allege use and has attached hereto as
`
`Exhibit A, Applicant’s specimen showing use of the mark. The specimen was pulled from the
`
`following URL: https://www.amazon.com/stores/SUGOWEAR/page/3AE2B873-B0FD-4D47-
`
`
`
`2
`
`
`
`8264-692B57573ACA?ref_=ast_bln. Applicant’s date of first use anywhere is January 6, 2024.
`
`Applicant’s first date of use in commerce is January 6, 2024.
`
`Since the proposed amendment to the mark serves to obviate any potential for a
`
`likelihood of confusion, does not materially alter the character of the mark, and is supported by
`
`the attached specimen in compliance with 37 C.F.R. § 2.72(b), Applicant submits that the
`
`amendments are permissible
`
`WHEREFORE, Applicant requests the Board amend the opposed application Serial No.
`
`98/184,492 in the manner described above; and
`
`
`
`WHEREFORE, the Parties requests the Board suspend the Opposition until the Board’s
`
`review of the Motion to Amend.
`
`WHEREFORE, provided the Board agrees and approves the requested Amendment, the
`
`parties jointly stipulate that the Opposition be dismissed without prejudice pursuant to
`
`Trademark Rule 2.106(c). 37 C.F.R. § 2.106(c).
`
`
`
`Date: December 4, 2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`By:
`
`
`/Julian D. Gonzalez/
`Julian D. Gonzalez
`
`
`
`Goldstein Patent Law
`320 Broad Street
`Red Bank, NJ 07701
`P: (718) 551-0534
`F: (866) 243-8109
`
`Attorneys for the Applicant
`SUGO, LLC
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`By:
`
`/Sixtine Bousquet-Lambert/
`Sixtine Bousquet-Lambert
`IP Counsel
`
`Attorney for the Opposer
`HUGO BOSS AG
`
`4
`
`
`
`EXHIBIT A
`EXHIBIT A
`
`
`
`Mon Dec 2 4:50 PM
`@ Chrome
`File
`Edit
`View
`History
`Bookmarks
`Profiles
`Tab Window
`Help
`@ @® @ Amazon.com: SUGOWEAR
`x
`+
`a
`
`
`
`
`23
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`
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`Bel
`
`OS}
`
`ZB
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`Finish update :
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`aOWe AS
`
`SUGOWEAR
`
`SU o wear
`
`
`
`WOMENS
`
`FASHION
`
`
`
`
`
`Help Mon Dec 2 4:50 PM
`@ Chrome
`ile
`Edit
`View
`History
`Bookmarks
`Profiles
`Tab Window
`
`@ 6
`
`@ Amazon.com: SUGOWEAR
`
`x
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`+
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`
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`
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`
`Mon Dec 2 4:52 PM
`@ Chrome
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`Edit
`View
`History
`Bookmarks
`Profiles
`Tab Window
`Help
`
`@ 6
`
`@ Amazon.com: SUGOWEARW xX
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`=
`
`sSsugQowear
`
`The founder and CEO of SUGOWEAR, Susan Gomez,
`
`has been around clothing her entire life. Susan got
`
`her start in fashion in the family business at a very
`
`young age in Guatemala. After formally studying
`
`fashion, Susan launched SUGOPETITE in 2019,
`
`catering specifically to petite women. Expanding
`
`her vision,
`
`she introduced SUGOWEAR,
`
`a
`
`line
`
`celebrating diversity with sizes ranging from petites
`
`to SUGOWEAR, where fashion is a canvas for diverse
`
`to plus.
`Our
`brand
`
`story
`
`is one
`
`of
`
`inclusivity
`
`and
`
`individuality. Crafted under Susan's creative eye, our
`
`unique belts go beyond the ordinary, serving as
`
`statements that echo personal style and celebrate
`
`the uniqueness of each person. Welcome
`
`expressions,
`
`and every belt
`
`tells
`
`a_
`
`story of
`
`individuality. Join us in redefining fashion, one size
`
`and one style at a time.
`
`
`
`Help
`@ Chrome
`File
`Edit
`View
`History
`Bookmarks
`Profiles
`Tab Window
`
`@ @=@ Amazon.com: SUGOWEAR x +
`
`
`Mon Dec 2 4:55 PM
`
`€¢
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`
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`
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`
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`
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`
`SUGOWEAR > Search Results
`
`sugowear
`s*.
`
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`
`(4)
`
`HOME
`
`ABOUT US
`
`2 results for "belts" in "all SUGOWEAR"
`
`
`
`SUGOWEARWoven Multicolor
`Belt for Women Fashion...
`
`SUGOWEAR Womens Brown
`
`Leather Belt with Gold Buckle...
`
`
`
`Mon Dec 2 4:53 PM
`@ Chrome
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`History
`Bookmarks
`Profiles
`Tab Window
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`iO Updatelocation — or nenor
`==EN~ Account&Lists~
`& Orders
`
`Prime ~ BestSellers Amazon Basics NewReleases Groceries» Music Customer Service
`
`Cyber Monday ends soon
`
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`eas —| All Cyber Monday Deals Medical Care ~
`
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`Current subtotal:
`Gift Card savings:
`Cost after savings:
`Savings remaining:
`
`$21.99
`- $80.00
`$0.00
`———<—
`$58.01
`
`$80 instant gift card
`
`Shopping Cart
`
`e
`
`
`
`SUGOWEAR WomensBrownLeather Belt with Gold Buckle - Casual Jean and
`Dress Fashion Waist Belt - XS to 3XL
`
`Price
`
`$21.99
`
`In Stock
`FREE delivery Sun, Dec 8 on $35 of items shipped by Amazon
`FREE Returnsv
`(] This is a gift Learn more
`Size: Medium
`Qty:
`1 v
`
`Save for later
`
`Compare with similar items
`
`Delete
`
`Share
`
`Subtotal (1 item): $21.99
`
`dd $13.01 of eligible items to your order
`
`osto qualify for FREE Shipping. See details
`
`Subtotal (1 item): $21.99
`| This order containsa gift
`
`
`
`
`Customers Who BoughtItems
`in Your Recent History Also
`Bought
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`Classical Piano Sheet...
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`The price and availability of items at Amazon.com are subject to change. The Cart is a temporary place to store a list of your items and reflects each item's most recent price. Learn more
`
`BB hm «Rhapsody ona Them...
`Sergei Rachmaninoff
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`Mon Dec 2 4:54PM
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`Prime ~ BestSellers Amazon Basics NewReleases Groceries ~ Music Customer Service
`
`Cyber Monday ends soon
`
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`
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`
`eA & Lists ~
`
`
`Current subtotal:
`.
`Gift Card savings:
`Get $80 off instantly upon approvalfor the Amazon Store Card cosefterevings
`Savings remaining:
`
`$24.99
`- $80.00
` Snae
`$55.01
`
`{ Learn more )
`
`$80 instant gift card
`
`Shopping Cart
`
`Size: Medium
`
`SUGOWEARWoven Multicolor Belt for Women Fashion Casual Jean and Dress
`Waist Belt with Square Buckle
`
`In Stock
`FREE delivery Sun, Dec 8 on $35 of items shipped by Amazon
`FREE Returnsv
`(] This is a gift Learn more
`
`Price
`
`$24.99
`
`{ Add $10.01 of eligible items to your order
`to qualify for FREE Shipping. See details
`
`Subtotal (1 item): $24.99
`|_| This order contains a gift
`
`
`Qty:
`
`1 v
`
`Delete
`
`Save for later
`
`Compare with similar items
`
`Share
`
`Subtotal (1 item): $24.99
`
`The price and availability of items at Amazon.com are subject to change. The Cart is a temporary place to store a list of your items and reflects each item's most recent price. Learn more
`
`Customers Who BoughtItems
`in Your Recent History Also
`Bought
`
`i
`
`/FAMOUS SOLOS
`
`Classical Piano Sheet...
`
`> Masterworks Publishing
`wwwwy 818
`Paperback
`$16.21
`
`
`
`Rhapsody on a Them...
`Sergei Rachmaninoff
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the foregoing CONSENT MOTION TO
`AMEND APPLICATION was served upon the attorneys for the Opposer by forwarding said
`copy, by email, to the following:
`
`Sixtine Bousquet-Lambert
`IP Legal Counsel
`HUGO BOSS Fashion Inc.
`New York, NY 10041
`United States of America
`Sixtine_bousquet-lambert@hugoboss.com
`Luisa_Schwabe@hugoboss.com
`Attorneys for Opposer
`
`On this 4th day of December 2024.
`
`/Julian D. Gonzalez/
`Julian D. Gonzalez
`
`
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