Dr. Mitchell Swartz

Trademark Trial and Appeal Board

May 31, 2002

No. 75679267re (T.T.A.B. May. 31, 2002)

Mailed: 31 May 2002
Paper No. 27
AD

UNITED STATES PATENT AND TRADEMARK OFFICE
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Trademark Trial and Appeal Board
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In re Dr. Mitchell Swartz
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Serial No. 75/679,267
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Request for Reconsideration
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Dr. Mitchell Swartz, pro se.

Brian A. Rupp, Trademark Examining Attorney, Law Office 105
(Thomas G. Howell, Managing Attorney).
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Before Quinn, Bottorff and Drost, Administrative Trademark
Judges.

Opinion by Drost, Administrative Trademark Judge:

On March 14, 2002, the Board affirmed the refusal to
register applicant’s mark SUN-BUG on the ground that the
mark was confusingly similar to Registration No. 1,726,983
for the mark SUN & BUG STUFF under Section 2(d) of the
Trademark Act for the identified goods.
Applicant has timely filed a request for
reconsideration. In that request, applicant argues that
THIS DISPOSITION IS
NOT CITABLE AS
PRECEDENT OF THE TTAB
Ser. No. 75/679,267
2
the “standards of review have allowed the issue of other
similar marks.” Request for Reconsideration, p. 2.
Further, applicant argues that it was “unfair for the Board
to simply dismiss this relevant and important information
as ‘new matter.’” Id.
We have considered applicant’s arguments, but we find
no basis to change our decision. We refer applicant to our
discussion on pages 13-15 of the opinion, which explains
why applicant’s list of registrations was not properly
before the Board and why, even if it were, it would not
change the outcome in this case. Therefore, applicant’s
request for reconsideration is denied. The decision dated
March 14, 2002 stands.