Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
ESTTA Tracking number:Filing date:

Proceeding

ESTTA1113170
02/09/2021

IN THE UNITED STATES PATENT AND TRADEMARK OFFICEBEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
91254886

PartyDefendant
Super Healthy Kids, Inc.

Correspondence
Address

MARGARET NIVER MCGANNPARSONS BEHLE & LATIMER
201 SOUTH MAIN STREET, SUITE 1800
SALT LAKE CITY, UT 84111
UNITED STATESPrimary Email: trademarks@parsonsbehle.com
Secondary Email(s): jlove@parsonsbehle.com
801-532-1234

Submission

Motion to Amend Application

Filer's Name

Jonathan H. Love

Filer's email

trademarks@parsonsbehle.com

Signature/Jonathan Love/Date

02/09/2021

Attachments

Consent Motion to Amend.pdf(80875 bytes )UNITED STATES PATENT AND TRADEMARK OFFICEBEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
Application Serial No. 87/315,348
For the Mark:
Filed: January 26, 2017
Published: November 26, 2019

APPLE INC.,Opposer,v.

Opposition No. 91254886

SUPER HEALTHY KIDS, INC.,
Applicant.

CONSENTED MOTION TO AMEND APPLICATION AND, CONTINGENTTHEREUPON, TO DISMISS OPPOSITION WITHOUT PREJUDICE
Applicant Super Healthy Kids, Inc. by counsel, moves the Trademark Trial and Appeal
Board (“TTAB”), pursuant to 37 C.F.R. 2.133(a), TMBP §514.02 and TMEP §1505.01(f) toamend its Trademark Application 87/315,348. In accordance with Rule 2.133 of the Trademark
Rules of Practice, 37 C.F.R. § 2.133, Applicant has obtained the consent of Opposer, Apple Inc.,to this amendment. In support thereof, Applicant states:
Applicant wishes to amend its Application to change the drawing of the stylized markwhich is the subject of its Application.
The current drawing of the mark is:

1Applicant respectfully requests that the drawing of the mark be amended to the following:

The Parties respectfully submit that the foregoing amendment is not a material alteration
and would not require republication nor broaden the scope of the application.
If the Board approves the foregoing amendment to the drawing, Opposer, with
Applicant’s written consent, hereby requests that the opposition be dismissed without prejudice.
[Signature page follows]2Dated: February 4, 2021

Respectfully submitted and consented to,_________________________
Jonathan H. LoveParsons Behle & Latimer
201 South Main Street, Suite 1800
Salt Lake City, Utah 84111
Telephone: (801) 532-1234
Facsimile: (801) 536-6111
JLove@parsonsbehle.com
Attorneys for Applicant

CONSENTED TO:_________________________
Joseph Petersen
Kilpatrick Townsend & Stockton, LLP
1080 Marsh Road
Menlo Park, CA 30309-4528
Telephone: (650) 326-2400
Facsimile: (650) 326-2422
jpetersen@kilpatricktownsend.com
William Bryner
Kilpatrick Townsend & Stockton LLP
1001 West Fourth Street
Winston-Salem, NC 27101
Telephone: (336) 607-7482
Facsimile: (336) 734-2656
bbryner@kilpatricktownsend.com
Attorneys for Opposer

3IN THE UNITED STATES PATENT AND TRADEMARK OFFICEBEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
Application Serial No. 87/315,348
For the Mark:
Filed: January 26, 2017
Published: November 26, 2019

APPLE INC.,Opposer,v.

Opposition No. 91254886

SUPER HEALTHY KIDS, INC.,
Applicant.

CERTIFICATE OF SERVICEThis is to certify that on this day, February 9, 2021, a copy of the foregoing
CONSENTED MOTION TO AMEND APPLICATION AND, CONTINGENT THEREUPON,TO DISMISS OPPOSITION WITHOUT PREJUDICE has been served on Opposer by email
addressed to Opposer’s counsel at the following email addresses.
jpetersen@kilpatricktownsend.com
bbryner@kilpatricktownsend.com

Attorney for Applicant4