Banana Republic (Apparel) LLC

Trademark Trial and Appeal Board

Jun 17, 2013

No. 77375273re (T.T.A.B. Jun. 17, 2013)

THIS OPINION IS NOT A
PRECEDENT OF THE TTAB

Mailed: June 17, 2013

UNITED STATES PATENT AND TRADEMARK OFFICE
_____

Trademark Trial and Appeal Board
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In re Banana Republic (Apparel), LLC
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Serial Nos. 77375273 and 77375380
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J. Allison Strickland of Fross Zelnick Lehrman & Zissu PC for Banana Republic
(Apparel), LLC.

Leigh A. Lowry, Trademark Examining Attorney, Law Office 115 (John Lincoski,
Managing Attorney).
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Before Bucher, Kuhlke and Adlin, Administrative Trademark Judges.

Adlin, Administrative Trademark Judge:
On May 9, 2013, the Board affirmed the refusal to register applicant’s mark BR
MONOGRAM (Stylized), the subject of application Serial Nos. 77375273 and
77375380, in the absence of a disclaimer of MONOGRAM submitted within 30 days
(the “Final Decision”). On June 10, 2013, applicant filed a “motion for clarification”
of the Final Decision with a “provisional” disclaimer, explaining that applicant is
“concerned” because it has not yet decided whether to appeal the Board’s decision,
that its time to appeal does not expire for another month, and that applicant should
Serial Nos. 77375273 and 77375380

2

not be denied registration if it ultimately files a timely appeal which is unsuccessful
but does not enter a timely disclaimer.
The Board retains jurisdiction over the application up until an appeal is filed. If
no appeal is filed by the deadline the case is terminated. If an appeal is filed
jurisdiction shifts to the appellate court. If, however, applicant files an appeal, and
the refusal is affirmed on appeal, once the reviewing court issues its mandate,
jurisdiction is restored to the Board to dispose of the case. At that time, applicant
may file with the Board a request to amend the application to enter the disclaimer.
In view thereof, the Final Decision is modified in the following manner,
applicant is allowed to file a disclaimer with the Board until either: (1) the deadline
for filing an appeal, in this case two months from the May 9, 2013 decision, if
applicant does not file an appeal;1 or (2) if applicant does file an appeal, thirty days
after the final disposition of the appeal, if it is ultimately unsuccessful. Applicant’s
“provisional” disclaimers are withdrawn.
***

1 If applicant seeks an extension of time to file an appeal under Trademark Rule 2.145(e),
applicant should include in its request a concurrent extension of time to file a disclaimer in
the event it ultimately decides to enter the disclaimer rather than to file an appeal.