Opinion
2012-1305 Serial No. 77/939,659
06-21-2012
IN RE ALVOGEN IP CO. S.A.R.L.
NOTE: This order is nonprecedential.
Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board.
ON MOTION
Before NEWMAN, LOURIE and O'MALLEY, Circuit Judges. PER CURIAM.
ORDER
The Director of the United States Patent and Trademark Office moves without opposition to remand this matter to the Trademark Trial and Appeal Board ("Board") for further processing.
Alvogen IP Co. S.A.R.L. ("Alvogen") appealed the Board's decision refusing to register its trademark as likely to cause confusion with the design mark shown in Registration No. 3,127,143. Because Registration No. 3,127,143 has now been canceled, it no longer poses a bar to registration.
Accordingly,
IT IS ORDERED THAT:
(1) The motion to remand is granted.
(2) Each side shall bear its own costs.
FOR THE COURT
______________
Jan Horbaly
Clerk
cc: Gregg A. Paradise, Esq.
Raymond T. Chen, Esq.
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