[E-trademarks] [EXT] Enforcing a TTAB Default Judgment

[Alex Butterman]

Whether or not the Letter of Protest can be considered by the examiner, I think it is the only means allowable for communicating with an examiner of a third-party application prior to being able to oppose the application. I would just submit the default judgment to the Commissioner in a Letter of Protest and let the Commissioner pass it along to the examiner if he sees fit. It is not beyond the examiner’s access because if the examiner sees your client’s registration in his/her search, he/she should also be able to see the TTAB result.

Alex Butterman
Partner
DUNLAP BENNETT & LUDWIG
211 Church St., SE; Leesburg, VA 20175
T: 703-777-7319 – BIO<https://www.dbllawyers.com/attorney/alex-butterman/>
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From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of Adam Sikich via E-trademarks
Sent: Wednesday, July 10, 2024 5:57 AM
To: E-trademarks at oppedahl-lists.com
Cc: Adam Sikich <asikich at dunnerlaw.com>
Subject: [EXT] [E-trademarks] Enforcing a TTAB Default Judgment

Our client petitioned to cancel a registration based on likelihood of confusion.  The client obtained a default judgment after the registrant failed to Answer.

We now have learned that the (former) registrant refiled the same mark for the same goods.  The Examiner does not appear to know about the default judgment.  Fortunately my client's registration is now blocking this new application after examination, but I want to alert the Examiner about the default judgment.  What is the best mechanism to do this?  I would think a Letter of Protest, but my client's situation is not one of the examples provided in the instructions.

Adam

Adam W. Sikich, Esq.
Senior Counsel
DUNNER LAW PLLC
3243 P Street, N.W.
Washington, D.C. 20007
703-776-9951 (o)
www.dunnerlaw.com<http://www.dunnerlaw.com>

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