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`Ca/CH
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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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`November 1, 2024
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`Cancellation No. 92085222
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`Digilock Asia Ltd.
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`v.
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`Roser Co., Ltd.
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`
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`Charles H. Hiser IV, Interlocutory Attorney:
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`On October 15, 2024, Respondent filed a proposed amendment to its Registration
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`No. 3524558, with Petitioner’s written consent, and Petitioner’s withdrawal of the
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`petition to cancel without prejudice, contingent upon entry of the amendment.
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`By the proposed amendment, Respondent seeks to amend the goods in
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`International Class 6 (strike-through wording is deleted) as follows:
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`From:
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`Metal building materials, namely, metal building panels, metal roofing
`panels, metal roofing flashing, metal building flashing boards; metal
`building fittings, namely, metal locks; metal chimney pots; metal
`hardware, namely, metal tension links; metal stoppers for industrial
`packaging containers; metal window frames; and steel sheets for
`building construction
`
`Metal building materials, namely, metal building panels, metal roofing
`panels, metal roofing flashing, metal building flashing boards; metal
`chimney pots; metal hardware, namely, metal tension links; metal
`stoppers for industrial packaging containers; metal window frames; and
`steel sheets for building construction
`
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`To:
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`
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`Cancellation No. 92085222
`
`
`Although the amendment is otherwise acceptable, it was not accompanied by the
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`proper fee under Trademark Rule 2.6. See Trademark Rules 2.6(a)(11), 2.133(a) and
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`2.173(b). Petitioner states that pursuant to Trademark Rule 2.6(a)(11)(iii) that no fee
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`is due because the amendment solely deletes goods from the registration, this is
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`incorrect. The rule states that no fee is required when an amendment is filed
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`consisting only of deletions “prior to submission of an affidavit under section 8 or
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`section 71 of the Act.” Id. Registrant has filed two affidavits under Section 8, the first
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`on August 20, 2014 and the second on July 29, 2018. As such Petitioner does not meet
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`the requirements of Rule 2.6(a)(11)(iii) and must pay the fee as required in Rule
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`2.6(a)(11)(ii).
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`Accordingly, Respondent is allowed thirty (30) days from the date of this
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`order to submit the required fee in support of the amendment, failing which said
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`amendment will be given no further consideration.
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`The parties’ consented motion, filed October 23, 2024, to extend time is granted;
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`however, proceedings are otherwise suspended and dates will be reset if necessary.
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`2
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