Diamond Chemical Company, Inc. v. Energizer Auto, Inc., 92079728, No. 30 (T.T.A.B. Jul. 20, 2023)

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Diamond Chemical Company, Inc. v. Energizer Auto, Inc., 92079728, No. 30 (T.T.A.B. Jul. 20, 2023)

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`
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`AM/SWF
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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
`
`July 20, 2023
`
`Cancellation No. 92079728
`
`Diamond Chemical Company, Inc.
`
`v.
`
`Energizer Auto, Inc.
`
`
`
`By the Trademark Trial and Appeal Board:
`
`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 cancel, contingent upon entry of the amendment. 27 TTABVUE. On June 14,
`
`2023, the Board allowed Respondent time to submit the required fee and
`
`declaration in support of the amendment. 28 TTABVUE. On June 30, 2023,
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`Respondent filed the required fee and declaration. 29 TTABVUE.
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`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
`
`Air fragrancing preparations for use in automobiles and vehicles
`
`
`To:
`
`
`
`

`Cancellation No. 92079728
`
`
`International Class 5
`
`
`From: Air deodorizing preparations; air purifying preparations; air
`deodorizing and purifying preparations for use in automobiles and
`vehicles
`
`
`To:
`
`
`
`Air deodorizing and air purifying preparations for use in automobiles
`and vehicles
`
`The amendment complies with the requirements of Trademark Rule 2.173, and is
`
`limiting in nature. Moreover, Petitioner consents thereto. Accordingly, the
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`amendment is approved. See Trademark Rule 2.133(a).
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`The amendment will be forwarded to the Post Registration Branch of this Office
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`for entry of the amendment in accordance with Section 7(e) of the Trademark Act. 1
`
`The contingency in Petitioner’s withdrawal having now been met, the petition to
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`cancel is denied with prejudice in accordance with the agreement between the parties.
`
`
`1 A copy of the Board’s order granting the amendment, and Respondent’s declaration, will be
`forwarded electronically for uploading to the record of the registration.
`
`
`
`2
`
`

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