[E-trademarks] Sunday filings in the TTAB

Fri Feb 9 18:22:39 EST 2024

I agree with Susan. The Board considers the deadline to be 12:00 midnight on the 5th. The deadline is not the entire day; it is the end of the specified day (midnight). So “before the deadline” is even a second or minute before that. You are fine to file anytime on the 5th (or 4th) if you prefer. And the rule about weekends and federal holidays only applies to moving deadlines forward (later). The rule does not change the actual date you file something. So you are good all around.

- Gregg

Gregg A. Paradise
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From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of Jamie Shelden via E-trademarks
Sent: Friday, February 9, 2024 6:10 PM
To: Crane, Susan <susan.crane at wyndham.com>
Cc: Jamie Shelden <justtrademarks at gmail.com>; e-trademarks at oppedahl-lists.com
Subject: Re: [E-trademarks] Sunday filings in the TTAB

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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<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
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Intellectual Property, Brands & Marketing

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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
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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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