`
`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: TTABInngusptogov
`
`February 28, 2019
`
`Opposition No. 91241704
`
`Open Screen Limited
`
`U.
`
`Archidraw
`
`M. Catherine Faint,
`Interlocutory Attorney:
`
`On February 1, 2019, Applicant filed a proposed amendment to its application
`
`Serial No. 87642359, with Opposer’s consent.1
`
`By the proposed amendment, Applicant seeks to amend the identification of goods
`
`and services in International Classes 9 and 42 as follows (proposed additions shown
`
`in bold):
`
`International Class 9
`
`From: Downloadable mobile software applications for image processing for use
`on smartphones; virtual reality game software; computer software for
`processing digital images; computer programs recorded on data media
`designed for use in construction and automated manufacturing
`(cad/cam); 3D scanner; image scanners; headsets for virtual reality
`games; 3D Viewer apparatus for smart phones in the form of virtual
`reality headsets; cameras for smartphones; detachable cameras; laser
`range finders; infrared cameras; computer software for organizing and
`capturing digital images and photos; computer software for converting
`
`1 Opposer’s consent motion for extension of time, filed February 13, 2019 is noted. As
`proceedings are suspended by this order the motion is moot.
`
`
`
`Opposition No. 9 124 1 704
`
`To:
`
`digital images into other electronic format; software for video, graphics,
`text processing; data processing software for graphical representation;
`data processing software; augmented reality software for creating maps;
`augmented reality software for use in mobile devices for integrating
`electronic data with real world environments; computer software for two
`or three-dimensional simulation for use in design and development of
`industrial products; downloadable
`image
`files containing three
`dimensional renderings of spaces; computer application software for
`smartphones,
`namely,
`software
`for creating three dimensional
`renderings of spaces; computer software for digital image processing;
`computer programs for audiovisual and Video editing; computer
`programs and software for image processing; computer programs and
`software for image processing on mobile phones
`
`Downloadable mobile software applications for image processing for use
`on smartphones; virtual reality game software; computer software for
`processing digital images; computer programs recorded on data media
`designed for use in construction and automated manufacturing
`(cad/cam); 3D scanner; image scanners; headsets for virtual reality
`games; 3D viewer apparatus for smart phones in the form of Virtual
`reality headsets; cameras for smartphones; detachable cameras; laser
`range finders; infrared cameras; computer software for organizing and
`capturing digital images and photos; computer software for converting
`digital images into other electronic format; software for video, graphics,
`text processing; data processing software for graphical representation;
`data processing software; augmented reality software for creating maps;
`augmented reality software for use in mobile devices for integrating
`electronic data with real world environments; computer software for two
`or three-dimensional simulation for use in design and development of
`industrial products; downloadable
`image
`files containing three
`dimensional renderings of spaces; computer application software for
`smartphones,
`namely,
`software
`for creating three dimensional
`renderings of spaces; computer software for digital image processing;
`computer programs for audiovisual and video editing; computer
`programs and software for image processing; computer programs and
`software for image processing on mobile phones; whereas all the
`foregoing goods are for customers in the real estate market,
`home furnishing industry, and general customers who are
`interested in do—it—yourself.
`
`International Class 42
`
`From: Design services for building interiors; furnishing design services for the
`interiors of buildings; commercial space interior design; providing
`
`
`
`Opposition No. 9124 1 704
`
`information in the field of interior design via a web site; space planning
`of interiors; providing a website featuring information in the field of
`interior design; designing of furniture; design of layouts for office
`furniture; design of layouts for offices; design and development of virtual
`reality software; design of software relating to 3D technology; house
`remodeling design; digital compression of computer data; computer
`software design; software design and development; data conversion of
`electronic information; computer program design and development; data
`conversion of computer program data or information, other than
`physical
`conversion;
`computer
`software maintenance
`services;
`computer-aided video graphic design
`
`To: Design services for building interiors; furnishing design services for the
`interiors of buildings; commercial space interior design; providing
`information in the field of interior design via a web site; space planning
`of interiors; providing a website featuring information in the field of
`interior design; designing of furniture; design of layouts for office
`furniture; design of layouts for offices; design and development of virtual
`reality software; design of software relating to 3D technology; house
`remodeling design; digital compression of computer data; computer
`software design; software design and development; data conversion of
`electronic information; computer program design and development; data
`conversion of computer program data or
`information, other than
`physical
`conversion;
`computer
`software maintenance
`services;
`computer-aided video graphic design; whereas all the foregoing
`services are for customers in the real estate market, home
`furnishing industry, and general customers who are interested
`in do—it—yourself.
`
`The amendment is limiting in nature, as required by Trademark Rule 2.71(a).
`
`Because Opposer consents thereto, the amendment is approved and entered. See
`
`Trademark Rule 2.133(a).
`
`If the amendment resolves this proceeding, Opposer is allowed until thirty days
`
`from the date of this order to file a withdrawal of the opposition, failing which the
`
`opposition will go forward on the application as amended. See Trademark Rule
`
`2.106(c).
`
`If no response is filed, proceedings will be resumed and dates reset, as appropriate.
`
`
`
`Opposition No. 9 124 1704
`
`Proceedings are otherwise suspended.
`
`Opposer’s Correspondence Information
`
`The Board notes that the address for Opposer in the signature block of the motion
`
`to amend is not the same as the correspondence address of record. If Opposer’s
`
`correspondence information has changed, Opposer is directed to file a change of
`
`correspondence address using the Electronic System for Trademark Trials and
`
`Appeals (ESTTA) at: http://estta.uspto.gov/.
`
`As a courtesy, a copy of this order will be sent to the following address.
`
`CC:
`
`ANDREW S DALLMANN
`EASTMAN MCCARTNEY DALLMANN LLP
`2603 MAIN STREET, SUITE 200
`IRVINE, CA 92614
`
`

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