China Bluestar (USA) Group, Inc.

Trademark Trial and Appeal Board

Apr 24, 2002

No. 75762329re (T.T.A.B. Apr. 24, 2002)

4/24/02

Paper No. 11
Bottorff

UNITED STATES PATENT AND TRADEMARK OFFICE
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Trademark Trial and Appeal Board
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In re China Bluestar (USA) Group, Inc.
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Serial No. 75/762,329
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Request for Reconsideration
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Before Cissel, Bottorff and Holtzman, Administrative
Trademark Judges.

Opinion by Bottorff, Administrative Trademark Judge:

On February 20, 2002, the Board issued its decision
with respect to the above-captioned application, affirming
the Trademark Examining Attorney’s final refusal (under
Trademark Act Section 2(e)(4)) to register applicant’s
mark. In a paper bearing a certificate of mailing dated
March 20, 2002, applicant has requested that the
application be amended to the Supplemental Register.
Trademark Rule 2.142(g) provides that an application
which has been considered and decided on appeal will not be
reopened except for the entry of a disclaimer or upon order
THIS DISPOSITION
IS NOT CITABLE AS PRECEDENT
OF THE T.T.A.B.
Ser. No. 75/580,063
2
of the Commissioner, and in the latter case only upon a
showing of sufficient cause for consideration of any matter
not already adjudicated. See In re Taverniti, SARL, 225
USPQ 1263 (TTAB 1985); and In re Dodd International, Inc.,
222 USPQ 268 (TTAB 1983).1
In view thereof, applicant’s request is denied.
Applicant’s time for filing an appeal, or for commencing a
civil action for review of the Board’s decision, will
expire two months after the date stamped on this order.
See Trademark Rule 2.145(d)(1), 37 C.F.R. §2.145(d)(1).

1 Moreover, it has been the practice of the Commissioner to
refuse to reopen to allow amendment to the Supplemental Register
after a final adverse decision on appeal. See, e.g., Ex parte
Simoniz Co., 161 USPQ 365 (Comm’r 1969); and TMEP §1115.05.