HTC Sweden AB

Trademark Trial and Appeal Board

Oct 31, 2013

No. 77217638re (T.T.A.B. Oct. 31, 2013)

THIS OPINION IS NOT A
PRECEDENT OF THE TTAB

Mailed:
October 31, 2013

UNITED STATES PATENT AND TRADEMARK OFFICE
_____

Trademark Trial and Appeal Board
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In re HTC Sweden AB
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Serial No. 77217638
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Request for Reconsideration
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Jeffrey H. Kaufman of Oblon Spivak McClelland Maier & Neustadt LLP for HTC
Sweden AB.

Janet H. Lee, Trademark Examining Attorney, Law Office 102 (Karen M. Strzyz,
Managing Attorney).
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Before Kuhlke, Shaw and Hightower, Administrative Trademark Judges.

Opinion by Kuhlke, Administrative Trademark Judge:
Applicant, HTC Sweden AB, has filed a timely request for reconsideration of
the Board’s decision dated September 12, 2013, affirming the refusal to register
application Serial No. 77217638 under Section 2(d) of the Trademark Act, 15 U.S.C.
§ 1052, in view of Registration No. 2745469.
Applicant requests reconsideration in view of a recently obtained consent to
registration from the cited registrant attached as Exhibit 1. Specifically, applicant
asserts that:
Serial No. 77217638

2

The basis for Applicant’s Request for Reconsideration is that Applicant
only recently (after the Board’s September 12, 2013 decision) obtained
a Letter of Consent from the owner of the cited registration, Champion
Chemical Co., Inc. (“Champion”), whereby Champion consents to
HTC’s use and registration of its TWISTER & Design mark shown in
HTC’s Application Serial No. 77/217638 for the goods listed therein.
The Letter of Consent from Champion is newly obtained evidence and
it was not previously available to Applicant.1

Applicant relies on Trademark Rule 2.144 and cites to TBMP § 1219.01.
Trademark Rule 2.144 simply provides that a request for reconsideration must be
filed within one month from the date of the decision and this section of the TBMP
also refers to the timing of such requests. However, once an application has been
considered and decided on appeal, it may not be reopened except for the entry of a
disclaimer or upon order of the Director. See Trademark Rule 2.142(g). See also In
re Mack Trucks, Inc., 189 USPQ 642, 643 (Comm’r 1976) (petition to reopen for
letter of consent and for amendment of identification of goods denied; applicant,
having elected to proceed, prior to Board’s decision, without letter of consent
assumed the risk of an adverse decision by Board and does not establish sufficient
cause to reopen). Accordingly, the Board lacks authority, following its final decision
on appeal, to reopen this proceeding and remand the case to the examining attorney
to consider the consent agreement attached to the request for reconsideration. See
In re Johanna Farms, Inc., 223 USPQ 459, 460 (TTAB 1984); and TBMP § 1217.
Applicant’s request for reconsideration on this basis is accordingly denied.

1 Req. for Recon. pp.1-2.
Serial No. 77217638

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The time for filing an appeal, or for commencing a civil action wherein new
evidence may be submitted (TBMP § 906.01), for review of the Board’s decision, will
expire two months from the date of this order.2

2 Applicant may request to extend the time for commencing a civil action before expiration
of the period for commencing a civil action, and the USPTO may grant the request on a
showing of good cause. Such requests for extensions of time should be directed to the
attention of the Office of the Solicitor. TBMP § 903.04.