[E-trademarks] Sunday filings in the TTAB

Fri Feb 9 19:36:55 EST 2024

I now recall seeing this post on the TTABlog and I believe it may have been in my subconscious when this question arose.  🤨

> On Feb 9, 2024, at 4:27 PM, Pamela Chestek via E-trademarks <e-trademarks at oppedahl-lists.com> wrote:
> 
> 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 <mailto:pamela at chesteklegal.com>
> (919) 800-8033
> www.chesteklegal.com <http://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> <mailto: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 <mailto:e-trademarks at oppedahl-lists.com>> wrote:
>>>> 
>>>> 
>>>> 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
>>>> gparadise at lernerdavid.com <mailto:gparadise at lernerdavid.com>
>>>> 908-518-6323 <tel:9085186323> Direct
>>>>  
>>>>  
>>>> 
>>>>  
>>>> Lerner David LLP
>>>> 20 Commerce Drive, Cranford, NJ 07016
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>>>>  
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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 6:10 PM
>>>> To: Crane, Susan <susan.crane at wyndham.com <mailto:susan.crane at wyndham.com>>
>>>> Cc: Jamie Shelden <justtrademarks at gmail.com <mailto:justtrademarks at gmail.com>>; e-trademarks at oppedahl-lists.com <mailto: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 madebefore 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
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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?  
>>>>  
>>>>  
>>>>  
>>>> <image001.jpg>
>>>>  
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