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

WINTER/tdc Mailed: January 12, 2015

Opposition No. 91211572

San Francisco Baseball Associates LLC

v.

D&G Sports Ventures

By the Trademark Trial and Appeal Board:

On November 10, 2014, pursuant to an agreement between the parties, Opposer filed Applicant’s proposed amendment to application Serial No. 85701205, with opposer's written consent, and opposer's withdrawal without prejudice of the opposition, contingent upon entry of the amendment.

By the proposed amendment, applicant seeks to amend the identification of goods in International Classes 25 and 28 as follows (amended wording shown in bold):

International Class 25:

From: "Clothing, namely, shirts, jerseys, pants, sweatshirts, gloves, tops, bottoms,"

To: “Clothing, namely, shirts, jerseys, pants, sweatshirts, gloves, tops, bottoms; all the foregoing relating to paintball and not relating to baseball or softball or to a baseball or softball team, baseball or softball league, baseball or softball mascot or baseball or softball stadium."

International Class 28:

From: “Sporting goods, namely, paintball guns, paintball ammunition for paintball guns, airsoft guns for recreational use, airsoft

Opposition No. 91211572

magazines for recreational use, airsoft ammunition for recreational use, harnesses specifically adapted for carrying paintball guns, paintball ammunition, paintball grenades, paintball magazines; sporting goods, namely, knee pads for athletic and recreational use, elbow pads for athletic and recreational use, arm pads for athletic and recreational use”

To: “Sporting goods, namely, paintball guns, paintball ammunition for paintball guns, airsoft guns for recreational use, airsoft magazines for recreational use, airsoft ammunition for recreational use, harnesses specifically adapted for carrying paintball guns, paintball ammunition, paintball grenades, paintball magazines; sporting goods, namely, knee pads for athletic and recreational use, elbow pads for athletic and recreational use, arm pads for athletic and recreational use; all the foregoing relating to paintball and not relating to baseball or softball or to a baseball or softball team, baseball or softball league, baseball or softball mascot or baseball or softball stadium."

Inasmuch as the amendment is clearly limiting in nature as required by

Trademark Rule 2.71(a), and because opposer consents thereto, the amendment is approved and entered. See Trademark Rule 2.133(a).

The contingency in opposer's withdrawal having now been met, the opposition is dismissed without prejudice.

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