Diamond Chemical Company, Inc. v. Energizer Auto, Inc., 92079728, No. 28 (T.T.A.B. Jun. 14, 2023)

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Diamond Chemical Company, Inc. v. Energizer Auto, Inc., 92079728, No. 28 (T.T.A.B. Jun. 14, 2023)

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`KK/SWF
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`TTAB Assistance Center: 571-272-8500
`General Email: TTABInfo@uspto.gov
`
`June 14, 2023
`
`Cancellation No. 92079728
`
`Diamond Chemical Company, Inc.
`
`v.
`
`Energizer Auto, Inc.
`
`
`
`Steven W. Ferrell Jr., Interlocutory Attorney
`
`On May 25, 2023, Respondent filed a proposed amendment to its Registration No.
`
`6486858, with Petitioner’s consent, and Petitioner’s withdrawal of the petition to
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`cancel, contingent upon entry of the amendment. 27 TTABVUE.
`
`By the proposed amendment, Respondent seeks to amend the goods in
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`International Classes 3 and 5 as follows (additions in bold, deletions in strike
`
`through):
`
`International Class 3
`
`From:
`
`Air fragrancing preparations; air fragrancing preparations for use in
`automobiles and vehicles
`
`
`To:
`
`Air fragrancing preparations for use in automobiles and vehicles
`
`International Class 5
`
`From:
`
`Air deodorizing preparations; air purifying preparations; air
`deodorizing and purifying preparations for use in automobiles and
`vehicles
`
`
`
`

`Cancellation No. 92079728
`
`
`Air deodorizing and air purifying preparations for use
`automobiles and vehicles
`
`in
`
`
`To:
`
`
`Id. at 2.
`
`
`The amendment is limiting in nature, as required by Trademark Rule 2.173(e).
`
`Moreover, Petitioner consents thereto.
`
`However, although the amendment is otherwise acceptable, it was (1) not
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`accompanied by the proper fee under Trademark Rule 2.6 and (2) not verified or
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`supported by a declaration under Trademark Rule 2.20. See Trademark Rules
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`2.6(a)(11), 2.133(a) and 2.173(b).
`
`Accordingly, Respondent is allowed thirty days from the date of this order to
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`submit the required fee and declaration in support of the amendment, failing which
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`said amendment will be given no further consideration.
`
`Proceedings are otherwise suspended.
`
`
`
`2
`
`

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