Palmiotto Enterprises, LLCv.Brown Bag Massage, LLC

Trademark Trial and Appeal Board

Nov 4, 2009

No. 91179790re (T.T.A.B. Nov. 4, 2009)

Mailed: 11/4/09

UNITED STATES PATENT AND TRADEMARK OFFICE
_____

Trademark Trial and Appeal Board
______

Palmiotto Enterprises, LLC
v.
Brown Bag Massage, LLC
_____

Opposition No. 91179790
to application Serial No. 77074114
filed on January 2, 2007
_____

Request for Reconsideration
_____

Nicholas D. Myers of Burkhalter Kessler Goodman & George
for Palmiotto Enterprises, LLC.

April Massie for Brown Bag Massage, LLC, pro se.
______

Before Quinn, Walters and Bucher, Administrative Trademark
Judges.

Opinion by Quinn, Administrative Trademark Judge:

The Board, in a decision dated April 27, 2009,
sustained the opposition on the ground of likelihood of
confusion, and refused registration to applicant.
THIS OPINION
IS NOT A PRECEDENT OF
THE T.T.A.B.
Opposition No. 91179790
2
Applicant filed, on October 19, 2009, a paper
captioned “Applicant’s Appeal and Request for
Reconsideration.”
Trademark Rule 2.129(c) provides that any request for
reconsideration or modification of a decision issued after
final hearing must be filed within one month from the date
of the decision. See also TBMP §§543 and 804 (2d ed. rev.
2004).
Inasmuch as the request for reconsideration was not
filed within one month from the date of the final decision,
the request is late and cannot be entertained by the Board.
To the extent that applicant’s paper may be construed
as an appeal of the Board’s decision, there is no
indication that a timely appeal was properly filed with
either the United States Court of Appeals for the Federal
Circuit or a Federal District Court. See Trademark Rule
2.145. Applicant should specifically note Trademark Rule
2.145(d) providing that any appeal must be filed within two
months from the date of the Board’s decision. See also
TBMP §§902.02 and 903.04 (2d ed. rev. 2004).
The decision dated April 27, 2009 stands.