LW/WDJ/GCP
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22318-1451
`General Contact Number: 571-272-8500
`General Email: TTABInfo@uspto.gov
`
`October 21, 2022
`
`Opposition No. 91277316
`
`Arm Limited
`
`Meteorcomm, LLC
`
`By the Trademark Trial and Appeal Board:
`
`On October 20, 2022, Applicant filed a proposed amendment to its application
`
`Serial No. 90751975, with Opposer’s written consent, and Opposer’s withdrawal of
`
`the opposition with prejudice, with Applicant’s written consent, contingent upon
`
`entry of the amendment.
`
`By the proposed amendment, Applicant seeks to amend the description of services
`
`for International Class 42 as follows (additions are indicated in bold font):
`
`From:
`
`To:
`
`providing on-line, non-downloadable geographic information system
`(GIS) software; providing an on-line, non-downloadable, Internet-based
`software application used for radio frequency mapping; computer
`services, namely, hosting an online software program that captures,
`stores, analyzes and displays positive train control radio status and
`events
`
`providing on-line, non-downloadable geographic information system
`(GIS) software for use in the railroad industry; providing an on-line,
`non-downloadable, Internet-based software application used for radio
`frequency mapping for use in the railroad industry; computer
`services, namely, hosting an online software program that captures,
`
`

`

`Opposition No. 91277316
`
`stores, analyzes and displays positive train control radio status and
`events.
`
`The amendmentis limiting in nature, as required by Trademark Rule 2.71(a), 37
`
`C.F.R. § 2.71(a). Because Opposer consents thereto, the amendment is approved and
`
`entered. See Trademark Rule 2.133(a), 37 C_F.R. § 2.133(a).
`
`The contingency in Opposer’s withdrawal having now been met, the opposition is
`
`dismissed with prejudice in accordance with the agreement between the parties.
`
`

`

`Trademark Trial and Appeal Board Electronic Filing System. btips://estia.uspto.gov
`
`ESTTA Tracking number:
`ESTTA1242776
`Filing date:
`10/20/2022
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`Bra7Ta16
`
`Defendant
`Meteorcomm, LLC
`DEBORAHL. LIVELY
`FISHERBROYLES, LLP
`P.O BOX 380308
`DUNCANVILLE, TX 75138
`UNITED STATES
`Primary email: docketing@fisherbroyles.com
`Secondary email(s): debbie. lively@fisherbroyles.com
`469-340-2060
`
`0.2022. pdf(153980 bytes )
`
`Party
`
`Correspondence
`address
`
`Attachments
`
`Motion to Amend and Conditional Withdrawal of Opposition - filed 10.2
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`ARM LIMITED
`
`Opposer,
`
`¥V.
`
`Meteorcomm, LLC,
`
`Applicant.
`
`Opposition No.: 91277316
`
`NeeNeemreNeNeeNeerNeeSeeSee”
`
`JOINT MOTION FOR AMENDMENT OF APPLICATION AND CONDITIONAL
`WITHDRAWAL OF OPPOSITION
`
`Pursuant to TBMP §§ 212.07, 514 and 601, Applicant Meteorcomm, LLC
`
`(“Meteorcomm”) and Opposer ARM LIMITEDjointly move to amend the description of
`
`services in U.S. Trademark Serial Application No. 90751975 for the mark ARM (the
`
`“Application”), and contingent on the Board’s acceptance of such amendments, withdraw the
`
`present opposition proceeding.
`
`Pursuant to an agreement between the parties, Meteorcomm requests, and ARM
`
`LIMITEDconsents to, an amendmentof the description of the services in the Application as
`
`follows (with the additions in bold):
`
`Class 42: providing on-line, non-downloadable geographic information system (GIS)
`software for use in the railroad industry; providing an on-line, non-downloadable,
`Internet-based software application used for radio frequency mapping for use in the
`railroad industry, computer services, namely, hosting an online software program that
`captures, stores, analyzes and displays positive train control radio status and events
`
`Below is a clean version of the amended description of the application’s full list of services:
`
`Class 42: providing on-line, non-downloadable geographic information system (GIS)
`software for use in the railroad industry, providing an on-line, non-downloadable,
`
`40656945.1 10/20/2022
`
`

`

`Internet-based software application used for radio frequency mapping for use in the
`railroad industry, computer services, namely, hosting an online software program that
`captures, stores, analyzes and displays positive train control radio status and events
`
`Accordingly,
`
`the parties move for amendment of the description of services in the
`
`Application as set forth above, and ARM LIMITED moves for withdrawal of the present
`
`opposition with prejudice upon acceptance of the proposed amendment.
`
`Respectfully submitted this 20" day of October 2022.
`
`ARM LIMITED
`
`Meteorcomm, LLC
`
`/Deborah L. Lively
`By:
`By:/Mark D. Simpson/
`Deborah L. Lively
`Mark D Simpson
`SAUL EWING ARNSTEIN & LEHRLLP FISHERBROYLES, LLP
`1500 Market Street, Centre Square West,
`P.O. Box 380308
`38th Floor, Philadelphia, PA 19102
`Duncanville, TX 75138
`trademarks(@saul.com
`debbie. lively@fisherbroyles.com
`mark. simpson@saul.com
`docketing@fisherbroyles.com
`lynn. white@saul.com
`
`Attorneys for ARM LIMITED
`
`Attorneys for Meteorcomm, LLC
`
`CERTIFICATE OF FILING
`
`Thereby certify that this Joint Motion for Amendment of Application And Conditional
`Withdrawal Of Opposition is being filed with the Trademark Trial and Appeal Board using the
`ESTTAfiling system of the U.S. Patent and Trademark Office on the below date.
`
`
`Date: October 20, 2022
`
`By: {Deborah L. Lively/
`
`CERTIFICATE OF SERVICE
`
`Thereby certify that this Joint Motion for Amendment of Application And Conditional
`Withdrawal Of Opposition is being duly served upon Registrant’s counsel Mark D Simpson
`by email sent to trademarks(@saul.com and mark.simpson@saul.com and lynn. white@saul.com
`
`
`Date: October 20, 2022
`
`By: /Deborah L. Lively/
`
`40656945.1 10/20/2022
`
`

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