[E-trademarks] Sunday filings in the TTAB
Pamela Chestek
pamela at chesteklegal.com
Fri Feb 9 19:27:37 EST 2024
I'm not digging in, but I would make sure this isn't the rule that applies:
http://thettablog.blogspot.com/2018/11/precedential-no-33-ttab-denies.html
Pam
Pamela S. Chestek
Chestek Legal
300 Fayetteville Street
Unit 2492
Raleigh, NC 27602
pamela at chesteklegal.com
(919) 800-8033
www.chesteklegal.com
On 2/9/2024 3:46 PM, Jamie Shelden via E-trademarks wrote:
> Thanks everyone. I feel better now ☺️.
>
> image001.jpg
>
>
>> On Feb 9, 2024, at 3:40 PM, Dale Quisenberry via E-trademarks
>> <e-trademarks at oppedahl-lists.com> wrote:
>>
>> But keep in mind in a California that means 9:00 pm Pacific.
>>
>> Best regards,
>>
>> Dale
>>
>> C. Dale Quisenberry
>> Quisenberry Law PLLC
>> 832.680.1000
>>
>> Sent from my iPhone
>>
>>> On Feb 9, 2024, at 5:25 PM, Paradise, Gregg A. via E-trademarks
>>> <e-trademarks at oppedahl-lists.com> wrote:
>>>
>>>
>>> I agree with Susan. The Board considers the deadline to be 12:00
>>> midnight on the 5^th . 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 5^th (or 4^th ) 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*
>>> gparadise at lernerdavid.com <mailto:gparadise at lernerdavid.com>
>>> 908-518-6323 <tel:9085186323>Direct
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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
>>> *EXTERNAL EMAIL:*Use caution when opening attachments or links.
>>>
>>> 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> wrote:
>>> I haven’t practiced before the Board in a very long time, but
>>> don’t you have until 11:59 on the 5^th ? So Sunday should be in
>>> time.
>>> *Susan L. Crane*
>>> *Group Vice President, Legal*
>>> *Intellectual Property, Brands & Marketing*
>>> Wyndham Hotels & Resorts, Inc.
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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 5:42 PM
>>> *To:*e-trademarks at oppedahl-lists.com
>>> *Cc:*Jamie Shelden <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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