NOTE: This order is nonprecedentia1.

United States Court of Appeals for the Federal Circuit IN RE ALVOGEN IP CO. S.A.R.L_.

2012-1305 (Serial No. 77/939,659) Appeal from the United States Patent and Trademark Of[ice, Trademark Trial and Appeal Board.

ON MOTION Before NEWMAN, LoUR:[E and O’MALLEY, Circuit Ju,dges.

PER CURIAM.

0 R D E R The Director of the United States Patent and Trade- mark 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 R»egistration N0. 3,127,143. Because Registration No. 3,127,143 has now been cance1ed, it no longer poses a bar to registration IN as ALvoGEN IP co 2 Accordingly, IT ls ORDERED THAT: (1) The motion to remand is granted. (2) Each side shall bear its own costs.

FoR THE CoURT 1 2012 /s/ Jan Horbaly Date J an Horbaly Clerk cc: Gregg A. Paradise, Esq.

Raymond T. Chen, Esq. s25 ` FlLEo U.S. COUHT OF APPEAI.S FDH Issued As A Mandate: 2 1 THE FEDERALC{RC“" JUN 21--2012 JAN HOBBALY CI.ERK