[E-trademarks] Sunday filings in the TTAB

[Jamie Shelden]

Happy Friday everyone!  Could someone point me to a case or rule regarding the filing of a motion in a TTAB proceeding on a Sunday and whether a Sunday filing is considered “prior to” the deadline. 

Here is the hypothetical situation.  In an opposition, Plaintiff’s trial period closes on Monday, February 5.  Plaintiff files request for extension of its trial period on Sunday, February 4.  Given that February 4 is a Sunday, would this request for extension be “before the original time or its extension expires”  per FRCP 6(b)?  

Any thoughts?  





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