Regina M. Stocco

Trademark Trial and Appeal Board

Oct 13, 2004

No. 76404246re (T.T.A.B. Oct. 13, 2004)

Mailed:
Oct. 13, 2004
Paper No. 9
Bottorff
UNITED STATES PATENT AND TRADEMARK OFFICE
________
Trademark Trial and Appeal Board
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In re Regina M. Stocco
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Serial No. 76404246
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On Request for Reconsideration
Douglas J. McEvoy of Gifford, Krass, Groh, Sprinkle,
Anderson & Citkowski, P.C. for Regina M. Stocco.
Leslie L. Richards, Trademark Examining Attorney, Law
Office 106 (Mary I. Sparrow, Managing Attorney).
_______
Before Hanak, Chapman and Bottorff, Administrative
Trademark Judges.
Opinion by Bottorff, Administrative Trademark Judge:
Applicant has requested reconsideration of the Board’s
March 16, 2004 decision affirming the refusal of
registration in the above-captioned application.1
1 Proceedings herein were suspended by order of the Board dated
April 14, 2004.
THIS DISPOSITION IS NOT
CITABLE AS PRECEDENT
OF THE TTAB
Ser. No. 76404246
2
Review of the Office’s records reveals that
Registration No. 2124044 (the registration cited as a
Section 2(d) bar to registration of applicant’s mark) has
been canceled under Section 8.
In view thereof, applicant’s request for
reconsideration is granted. The appeal is moot, and the
Board’s March 16, 2004 decision is hereby vacated.
Applicant’s application Serial No. 76404246 shall be
forwarded to publication for opposition.2
2 The Board’s April 14, 2004 suspension order incorrectly stated
that in the event that the March 16, 2004 decision is set aside,
applicant’s application would be forwarded to issuance of a
Notice of Allowance. The mark must be published for opposition
first.