[E-trademarks] Sunday filings in the TTAB

[Jamie Shelden]

I suppose my concern is with the word “before”.  Is on the deadline still before the deadline?  Is a request for an extension of a deadline that must be made before the deadline timely when it is made on the deadline?  I can actually see it both ways.  

 

 
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> On Feb 9, 2024, at 2:46 PM, Crane, Susan <susan.crane at wyndham.com> wrote:
> 
> I haven’t practiced before the Board in a very long time, but don’t you have until 11:59 on the 5th?  So Sunday should be in time.
>  
> Susan L. Crane
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> From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com <mailto:e-trademarks-bounces at oppedahl-lists.com>> On Behalf Of Jamie Shelden via E-trademarks
> Sent: Friday, February 9, 2024 5:42 PM
> To: e-trademarks at oppedahl-lists.com <mailto:e-trademarks at oppedahl-lists.com>
> Cc: Jamie Shelden <justtrademarks at gmail.com <mailto:justtrademarks at gmail.com>>
> Subject: [E-trademarks] Sunday filings in the TTAB
>  
> 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,
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> 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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