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AdvanSix Resins & Chemicals, LLC v. Solvay SA

Docket 92072445, Trademark Trial and Appeal Board (Oct. 1, 2019)
Case TypeCancellation
MarksCAPIEN, CAPRAN
Respondent Solvay SA
Petitioner AdvanSix Resins & Chemicals, LLC
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No. 8 - Board Decision: Can Granted

Document AdvanSix Resins & Chemicals, LLC v. Solvay SA, 92072445, No. 8 (T.T.A.B. May. 27, 2020)
Trademark Trial and Appeal Board P.O.
By the Trademark Trial and Appeal Board: Solvay SA On May 25, 2020, Respondent filed a voluntary surrender of its Registration No. 5793276 under Section 7(e) of the Trademark Act.
Trademark Rule 2.134(a) provides that if the Respondent in a cancellation proceeding applies for cancellation of the involved registration under Section 7(e) of the Trademark Act without the written consent of every adverse party to the proceeding, judgment shall be entered against Respondent.
In view thereof, and because Petitioner's written consent to the voluntary surrender is not of record, judgment is entered against Respondent, the petition to cancel is granted, and Registration No. 5793276 will be cancelled in due course by the Commissioner for Trademarks.
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No. 2 - Notice and Trial Dates Sent; Answer Due:

Document AdvanSix Resins & Chemicals, LLC v. Solvay SA, 92072445, No. 2 (T.T.A.B. Oct. 4, 2019)
In the involved registration, Respondent has designated Rebecca Liebowitz of Venable LLP as its representative in the United States on whom notices or process in proceedings affecting the mark may be served.
Respondent’s copy of any communication from the Board will be sent to Respondent’s domestic representative unless the proceeding is being prosecuted by an attorney at law or other qualified person duly authorized under Trademark Act § 11.14(c).
A request for Board participation must be made either through ESTTA, or by telephone call to the assigned interlocutory attorney named on the TTABVUE record for this proceeding.
During their conference, the parties are to discuss whether they wish to seek mediation or arbitration, and whether they can stipulate to the Board's Accelerated Cancellation No. 92072445 Case Resolution (ACR) process for a more efficient and cost-effective means of obtaining the Board’s determination of the proceeding.
Regarding the procedures and deadlines for pretrial disclosures and trial, and specifically the noticing, taking, serving and submitting of evidence and testimony, see Trademark Rules 2.120(k), 2.121, 2.122, 2.123 and 2.125, as well as TBMP Chapter 700.
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No. 5 - Solvay SA Motion to Suspend with Consent Pending Settlement Negotiations

Document AdvanSix Resins & Chemicals, LLC v. Solvay SA, 92072445, No. 5 (T.T.A.B. Dec. 19, 2019)
Trademark Trial and Appeal Board Electronic Filing System.
Consent Motion for Suspension for Settlement The parties are actively engaged in negotiations for the settlement of this matter.
Solvay SA requests that this proceeding be suspended for 90 days to allow the parties to continue their settlement efforts.
Time to Answer Deadline for Discovery Conference Discovery Opens Initial Disclosures Due Expert Disclosures Due Discovery Closes Plaintiff's Pretrial Disclosures Due Plaintiff's 30-day Trial Period Ends Defendant's Pretrial Disclosures Due Defendant's 30-day Trial Period Ends Plaintiff's Rebuttal Disclosures Due Plaintiff's 15-day Rebuttal Period Ends Plaintiff's Opening Brief Due Defendant's Brief Due Plaintiff's Reply Brief Due Request for Oral Hearing (optional) Due
04/12/2020 08/10/2020 09/09/2020 10/24/2020 12/08/2020 12/23/2020 02/06/2021 02/21/2021 03/23/2021 05/22/2021 06/21/2021 07/06/2021 07/16/2021 Solvay SA has secured the express consent of all other parties to this proceeding for the suspension and re- setting of dates requested herein.
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No. 4 - Answer

Document AdvanSix Resins & Chemicals, LLC v. Solvay SA, 92072445, No. 4 (T.T.A.B. Nov. 12, 2019)
Trademark Trial and Appeal Board Electronic Filing System.
Registrant denies each and every allegation of the Petition to Cancel unless otherwise admitted or responded to as follows: 1.
The Petitioner’s claim of abandonment fails to state a prima facie case for abandonment, as Registrant’s trademark was registered less than one year ago on July 2, 2019, and otherwise fails to state a claim upon which relief may be granted.
WHEREFORE, Registrant prays that the Petition to Cancel be denied and that this action be dismissed with prejudice.
Respectfully submitted, /Rebecca Liebowitz/ Rebecca Liebowitz Catherine Mitros
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No. 9 - Commissioner Order Cancelling Reg

Document AdvanSix Resins & Chemicals, LLC v. Solvay SA, 92072445, No. 9 (T.T.A.B. Jun. 23, 2020)
Rebecca Liebowitz of Venable LLP for Solvay SA.
The petition of AdvanSix Resins & Chemicals, LLC having been granted on May 27, 2020, Registration No. 5793276 is hereby cancelled.
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No. 1 - Filed and Fee

Document AdvanSix Resins & Chemicals, LLC v. Solvay SA, 92072445, No. 1 (T.T.A.B. Oct. 1, 2019)
... Subject to Cancellation Registration No. 5793276 Registration date 07/02/2019 International Re- gistration No. Registrant NONE SOLVAY SA Rue de Ransbeek 310 Brussels, 1120 BELGIUM International Re- gistration Date NONE ...
... by Petitioner as Basis for Cancellation U.S. Registration No. 730229 Registration Date 04/24/1962 Application Date 06/19/1961 Foreign Priority Date NONE Word Mark Design Mark Description of Mark Goods/Services CAPRAN NONE ...
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No. 7 - Voluntary Surrender of Registration

Document AdvanSix Resins & Chemicals, LLC v. Solvay SA, 92072445, No. 7 (T.T.A.B. May. 25, 2020)
Trademark Trial and Appeal Board Electronic Filing System.
Registrant, Solvay SA, through its counsel, hereby surrenders Registration Number 5,793,276.
Dated: May 25, 2020 Respectfully submitted, /Rebecca Liebowitz/ Rebecca Liebowitz Catherine Mitros VENABLE LLP P.O.
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