`
`ESTTA Tracking number:
`
`ESTTA1127058
`
`Filing date:
`
`04/14/2021
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`92075659
`
`Party
`
`Correspondence
`Address
`
`Defendant
`Suerte y Salud LLC
`
`SUERTE Y SALUD LLC
`70 KINGERY DR
`EL PASO, TX 79902
`UNITED STATES
`Primary Email: jesus_gardie@hotmail.com
`915-422-0771
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Other Motions/Submissions
`
`Rosenny Burgos
`
`rbtrademark@rosennyburgos.com
`
`/Rosenny Burgos/
`
`04/14/2021
`
`Attachments
`
`Joint Motion to Amend.pdf(69056 bytes )
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In re Reg. No. 5,391,961
`
`Mark: SILI PHARMA
`Issued: January 30, 2018
`
`
`
`
`§
`§
`§
`§
`§
`§
`§
`§ Cancelation No. 92075659
`§
`§
`§
`§
`§
`§
`§
`
`
`
`DRUNK ELEPHANT, LLC,
`
`
`
`v.
`
`SUERTE Y SALUD LLC,
`
`
`
`Petitioner
`
`Respondent
`
`
`
`
`
`JOINT MOTION TO AMEND REGISTRATION
`
`
`
`The parties are nearing completion of a settlement that will resolve this cancellation action.
`
`To help facilitate that settlement, under 37 C.F.R. § 2.133(a) and TBMP § 514.02, the parties
`
`jointly request that the Board approve an amendment to the identification of services for the
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`registration at issue in the in this proceeding, Reg. No. 5,391,961. Specifically, the parties ask the
`
`Board to approve the deletion of the following Class 3 goods from the identification: “Non-
`
`medicated skin care preparations, namely, creams, lotions, gels, toners, cleaners and peels.” The
`
`result of this amendment in context of the full identification is shown below:
`
`IC 003. US 001 004 006 050 051 052. G & S: Massage creams; Massage gels, other than
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`for medical purposes; Non medicated skin care preparations, namely, creams, lotions,
`
`gels, toners, cleaners and peels.
`
`IC 005. US 006 018 044 046 051 052. G & S: Anti-inflammatory gels; Anti-inflammatory
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`ointments; Homeopathic anti-inflammatory ointment; Topical analgesic creams.
`
`
`
`
`
`In addition to this requested amendment, the parties intend to seek by separate motion an
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`additional consented suspension of these proceedings while they fulfill their remaining obligations
`
`under the settlement. Once the parties’ remaining settlement obligations are complete, the parties
`
`will file appropriate documentation with the Board to fully terminate this cancellation action.
`
`
`
`DATED: April 14, 2021
`
`Respectfully submitted,
`
`/Travis R. Wimberly/
`Travis R. Wimberly
`PIRKEY BARBER PLLC
`1801 E. 6th Street, Suite 300
`Austin, TX 78702
`(512) 322-5200
`twimberly@pirkeybarber.com
`Attorney for Petitioner
`
`
`
`
`/Rosenny Burgos/
`Rosenny Burgos
`LAW OFFICES OF ROSENNY BURGOS, PA
`18520 NW 67 Ave.
`Miami, FL 33015
`(305) 392-7476
`rbtrademark@rosennyburgos.com
`Attorney for Respondent
`
`
`CERTIFICATE OF SERVICE
`
`
`
`I hereby certify that a true and correct copy of the foregoing was served via e-mail
`on counsel for Petitioner on April 14, 2020:
`
`
`/Rosenny Burgos/
`
`Rosenny Burgos
`
`
`
`
`
`
`
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