Dupont Community Credit Union

Trademark Trial and Appeal Board

Sep 16, 2013

No. 85524163re (T.T.A.B. Sep. 16, 2013)

THIS OPINION IS NOT A
PRECEDENT OF THE TTAB

Mailed:
September 16, 2013

UNITED STATES PATENT AND TRADEMARK OFFICE
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Trademark Trial and Appeal Board
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In re Dupont Community Credit Union
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Serial No.85524163
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Request for Reconsideration
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Douglas T. Johnson of Miller & Martin PLLC for Dupont Community Credit Union.

Julie Watson, Trademark Examining Attorney, Law Office 109 (Dan Vavonese,
Managing Attorney).
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Before Holtzman, Zervas, and Gorowitz, Administrative Trademark Judges.

Opinion by Gorowitz, Administrative Trademark Judge:
On August 14, 2013, applicant filed both a request for extension of time to file
a request for reconsideration of the final decision entered on June 14, 2013 and a
“Request for Reconsideration and Remand to the Examining Attorney.”
We turn first to the request for extension. As applicant has noted, any
request for reconsideration of a decision on ex parte appeal must be filed within one
month from the date of the decision. Trademark Rule 2.144. Applicant’s request for
reconsideration was therefore filed one month after the due date for such a request.
Serial No. 85524163
2

The rule provides that such time may be extended by the Board upon a showing of
sufficient cause. Applicant has not provided any showing of cause. Applicant has
stated that after the Board issued its decision on June 14, 2013 it contacted the
owner of the cited registration in an attempt to obtain a consent agreement, but
that the registrant has not yet made a decision on applicant’s request. Although
this is an explanation of why additional time is needed, it does not explain why
applicant did not submit its request for an extension within the time period set by
the rules. Accordingly, the request for extension is denied, and therefore the
untimely request for reconsideration is denied as well.
We should also point out 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 of the Director. See Trademark Rule 2.142(g). Thus, the Board has no
authority after a final decision has issued to remand an application to the
examining attorney for submission of additional evidence.