GoTo.com, Inc.

Trademark Trial and Appeal Board

May 28, 2003

No. 75678255 (T.T.A.B. May. 28, 2003)

Mailed: 28 MAY 2003
Paper No. 21
AD
UNITED STATES PATENT AND TRADEMARK OFFICE
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Trademark Trial and Appeal Board
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In re GoTo.com, Inc.1
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Serial No. 75/678,255
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Motion to Have Opinion Vacated or Withdrawn
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David S. Fleming of Brinks, Hofer, Gilson & Lione for
GoTo.com, Inc.
Amy Ann Long, Trademark Examining Attorney, Law Office 104
(Sidney I. Moskowitz, Managing Attorney).
_______
Before Hairston, Bottorff, and Drost, Administrative
Trademark Judges.
Opinion by Drost, Administrative Trademark Judge:
On February 26, 2003, the Board affirmed the examining
attorney’s refusal to register applicant’s mark on the
1 Applicant has indicated, and Office assignment records show,
that applicant is now Overture Services, Inc. Reel/Frame No.
2426/0035.
THIS DISPOSITION IS
NOT CITABLE AS
PRECEDENT OF THE
TTAB
Ser. No. 75/678,255
2
ground that the mark PAY-FOR-PERFORMANCE ADVERTISING is
merely descriptive for the identified services. On
March 13, 2003, the Office received applicant’s Motion to
Have Opinion Vacated or Withdrawn.2 Applicant seeks to have
the opinion vacated because on September 4, 2002, it mailed
a notice of express abandonment of the application to the
Office. The original notice of abandonment was never
associated with the application file. Applicant has
included a copy of its notice of express abandonment with a
certificate of mailing dated September 4, 2002.3
An applicant may, of course, expressly abandon its
application during its appeal. 37 CFR § 2.68; TBMP § 1211.
It is apparent that applicant abandoned its application
prior to the issuance of the opinion in this case.
Therefore, the February 26, 2003, opinion in this case
should not have issued.
Decision: Applicant’s motion to vacate the
February 26, 2003, opinion is GRANTED. The application
stands abandoned.
2 This paper was only recently associated with the file.
3 The motion also refers to an Exhibit B, a photocopy of the
return receipt card. This document was not attached to the
motion.