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Archived updates for Wednesday, April 13, 2005

TTAB Issues Wake-Up Calls On Electronic Filing

Requests for extension of time to oppose Section 66(a) (international) applications must be filed electronically via the TTAB's electronic filing system under Trademark Rule 2.102(a)(2). In a citable ruling by "David Mermelstein, Interlocutory Attorney," discussed at The TTAB Blog, the Board denied Sarah Lee's request for extension of time. In re Börlind Gesellschaft für kosmetische Erzeugnisse mbH, 73 USPQ2d 2019 (TTAB 2005).

"I hesitate to complain when the Board issues a citable decision -- it doesn't happen all that often," writes John Welch at The TTAB Blog. "But does this ruling really add anything of significance to existing law? I don't think so. I suggest that the Board deemed it "citable" merely to send a "wake-up" call to the TTAB bar regarding the Madrid rule changes."

John also reports on an unrelated matter where the TTAB said it would "consider only those papers filed herein via the ESTTA system" in order to "simplify matters" and "avoid unnecessary effort by the parties and undue delay." Stoller v. Northern Telepresence Corp., Opposition No. 91162195 (February 11, 2005) [not citable].
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