G-U Hardware, Inc.

Trademark Trial and Appeal Board

Apr 3, 2003

No. 76051359re (T.T.A.B. Apr. 3, 2003)

Paper No. 12
TJQ
Mailed: April 3, 2003
UNITED STATES PATENT AND TRADEMARK OFFICE
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Trademark Trial and Appeal Board
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In re G-U Hardware, Inc.
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Serial No. 76/051,359
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Request for Reconsideration
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James C. Wray, Esq. for applicant.
Sean W. Dwyer, Trademark Examining Attorney, Law Office 114
(K. Margaret Le, Managing Attorney).
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Before Cissel, Quinn and Drost, Administrative Trademark
Judges.
Opinion by Quinn, Administrative Trademark Judge:
The Board, in a final decision dated January 29, 2003,
affirmed two of the three refusals to register herein.
More specifically, the Board affirmed the refusal to
register based on applicant’s failure to comply with the
requirement for a more definite identification of goods;
and the refusal to register based on mere descriptiveness.
The likelihood of confusion refusal was reversed.
THIS DECISION IS NOT
CITABLE AS PRECEDENT
OF THE TTAB
Ser. No. 76/051,359
Applicant filed, on February 14, a “Request for
Rehearing.” In this paper, applicant states “[k]indly
reconsider and allow the application under §2(f).” In
addition, the paper includes an amendment to the
identification of goods. In conclusion, applicant asserts
that the amendments “place the application in condition for
allowance as indicated on page 4 of Office action #2 dated
August 20, 2001.”
The request is not well taken. Once an application
has been considered and decided by the Board on appeal, an
application may not be “reopened,” that is, an applicant
may not amend its application, or submit additional
evidence, at this stage, except in two very limited
situations. See: Trademark Rule 2.142(g); and TBMP §1218.
Neither of the situations is applicable herein.
The request for rehearing is denied, and the final
decision dated January 29, 2003 stands.