Masco Corp. of Indiana

Trademark Trial and Appeal Board

Oct 5, 2004

No. 76413647re (T.T.A.B. Oct. 5, 2004)

Mailed: October 5, 2004
UNITED STATES PATENT AND TRADEMARK OFFICE
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Trademark Trial and Appeal Board
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In re Masco Corporation of Indiana
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Serial No. 76413647
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Request for Reconsideration
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Edgar A. Zarins for Masco Corporation of Indiana.
Won T. Oh, Trademark Examining Attorney, Law Office 114
(Margaret Le, Managing Attorney).
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Before Seeherman, Quinn and Hairston, Administrative
Trademark Judges.
Opinion by Seeherman, Administrative Trademark Judge:
Masco Corporation of Indiana has requested
reconsideration of the Board's decision dated September 2,
2004. In that decision, the Board affirmed the refusal of
the Trademark Examining Attorney on the ground that
applicant's mark, if used on its identified goods, is
likely to cause confusion with the mark THE SAXONY,
registered under No. 1849845. Applicant requests
THIS DISPOSITION IS NOT
CITABLE AS PRECEDENT OF
THE TTAB
Ser No. 76413647
2
reconsideration because it asserts that the cited
registration expired on August 16, 2004.
A review of the Office records shows that the cited
registration issued on August 16, 1994, and therefore such
registration would be valid for ten years if not renewed.
Office records also show that as of this date (and
therefore as of the date of the issuance of our decision on
September 2, 2004), no application for renewal has been
filed. However, Section 9 of the Trademark Act, 15 U.S.C.
§1059, provides that an application for renewal may be made
within a grace period of six months after the end of the
10-year registration period. Therefore, at this point we
cannot treat the cited registration as having expired.
Accordingly, we are suspending proceedings in this
appeal until Office records show either that the cited
registration has been renewed or that it has expired.
Decision: The request for reconsideration is granted
to the extent that proceedings in the appeal are suspended
pending a determination as to whether Registration No.
1849845 has been renewed.