[E-trademarks] Sunday filings in the TTAB

Fri Feb 9 18:22:36 EST 2024

Right.  A filing on a Sunday is a filing on a Sunday, not the following business day, and therefore before the close of the trial period.  See TBMP 109:

37 C.F.R. § 2.195<https://tbmp.uspto.gov/RDMS/TFSR/current#/current/r-055981cf-136d-4c8d-9dc6-b26eccb7b322.html>. Filing date of trademark correspondence.The filing date of trademark correspondence is determined as follows:

  *   (a) Electronic submissions. The filing date of an electronic submission is the date the Office receives the submission, based on Eastern Time, regardless of whether that date is a Saturday, Sunday, or Federal holiday within the District of Columbia.

Kevin Grierson
CULHANE|MEADOWS PLLC<http://www.culhanemeadows.com/>
[Mobile:]
  757-726-7799<tel:757-726-7799>
[Fax:]
  866-521-5663<fax:866-521-5663>
[Email:]
  kgrierson at cm.law<mailto:kgrierson at cm.law>

From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of Orvis via E-trademarks
Sent: Friday, February 9, 2024 6:17 PM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: Orvis <orvispc at gmail.com>
Subject: Re: [E-trademarks] Sunday filings in the TTAB

EXTERNAL EMAIL
Why would the 4th not be before the 5th?

Feb 9, 2024 6:11:18 PM Jamie Shelden via E-trademarks <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>>:
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.

[image001.jpg]

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On Feb 9, 2024, at 2:46 PM, Crane, Susan <susan.crane at wyndham.com<mailto: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
Group Vice President, Legal
Intellectual Property, Brands & Marketing

Wyndham Hotels & Resorts, Inc.
22 Sylvan Way
Parsippany, NJ 07054
O (973) 753-6455
M (973) 879-3420

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?

<image001.jpg>

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