2015-1960 12-12-2016 IN RE: JOBDIVA, INC., Appellant Daniel I. Schloss, Greenberg Traurig LLP, New York, NY, argued for appellant. Also represented by Masahiro Noda. Mary Beth Walker, Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for intervenor Michelle K. Lee. Also represented by Thomas W. Krause, Christina Hieber. Stoll, Circuit Judge. Daniel I. Schloss , Greenberg Traurig LLP, New York, NY, argued for appellant. Also represented by Masahiro Noda . Mary
Patent Appeal Nos. 8906 and 8933. April 19, 1973. John T. Lanahan, Des Plaines, Ill., of record, for appellant; Sidney W. Russell, Arlington, Va., of counsel. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents; John W. Dewhirst, Washington, D.C., of counsel. Appeal from the Patent Office Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, RICH, BALDWIN and LANE, Judges, and ALMOND, Senior Judge. RICH, Judge. These consolidated appeals are from decisions of the Patent Office
(a) In an application under section 1(a) of the Act, the applicant may submit substitute specimens of the mark as used on or in connection with the goods or in the sale or advertising of the services, or as used to indicate membership in the collective organization. The applicant must submit a verified statement that the substitute specimen was in use in commerce at least as early as the filing date of the application. The verified statement is not required if the specimen is a duplicate or facsimile