SUMESA S.A.Download PDFTrademark Trial and Appeal BoardAug 10, 202188584024 (T.T.A.B. Aug. 10, 2021) Copy Citation THIS OPINION IS NOT A PRECEDENT OF THE TTAB Mailed: August 10, 2021 UNITED STATES PATENT AND TRADEMARK OFFICE _____ Trademark Trial and Appeal Board _____ Sumesa S.A. _____ Serial No. 88584024 _____ Request for Reconsideration Maxine L. Barasch of Keohane & D’Alessandro PLLC, for Sumesa S.A. _____ Before Taylor, Wolfson, and Shaw, Administrative Trademark Judges. Opinion by Wolfson, Administrative Trademark Judge: On July 2, 2021, the Board affirmed the Examining Attorney’s refusal to register Applicant’s mark (depicted below) 10 TTABVUE. On August 2, 2021, Applicant filed a request for reconsideration of our final decision. 11 TTABVUE. Applicant’s request, filed on the last day of the allowable Serial No. 88584024 2 period, is timely. See Trademark Rule 2.144 (request for reconsideration in ex parte case must be filed within one month from the date of the decision). Applicant contends that the Board erred in deciding that a likelihood of confusion is present between the applied-for mark and the cited registered mark RANCHERO, Reg. No. 2956636. Specifically, Applicant restates the Board’s findings on several of the DuPont factors, reiterates its arguments against them, and concludes that the Board’s decision was in error. Applicant essentially repeats its primary assertion that even if the factors regarding the goods, trade channels, and classes of consumers weigh in favor of finding a likelihood of confusion, the dissimilarities in the marks outweigh these considerations and compel a finding of no likelihood of confusion. The purpose of a request for reconsideration is to show that, based on the evidence submitted and the prevailing authorities, the Board’s decision was erroneous and should be changed or modified. The request may not be used to introduce additional evidence, nor, as was done here, should it be devoted simply to a reargument of the points presented in the requesting party’s brief on the case. “Rather, the request normally should be limited to a demonstration that, based on the evidence properly of record and the applicable law, the Board’s ruling is in error and requires appropriate change.” TRADEMARK TRIAL AND APPEAL BOARD MANUAL OF PROCEDURE § 543 (June 2021). Applicant has not shown that the Board’s findings or ultimate ruling was in error. Decision: Applicant’s Request for Reconsideration is denied and the July 2, 2021 decision stands as issued. Copy with citationCopy as parenthetical citation