Patent Appeal No. 8618. June 15, 1972. Alex Friedman, New York City, attorney of record, for appellant. Albert H. Kirchner, attorney of record, for appellee. Appeal from the Trademark Trial and Appeal Board. Before RICH, ALMOND, BALDWIN and LANE, Judges, and RAO, Judge, United States Customs Court, sitting by designation. BALDWIN, Judge. This appeal is from the decision of the Trademark Trial and Appeal Board dismissing an opposition to appellee's application to register CHERRY JUBILEE, the word
(a) (1) An appeal filed under the provisions of § 2.141(a) from the final refusal of an application must be filed within the time provided in § 2.62(a) . (2) An appeal filed under the provisions of § 2.141(b) from an expungement or reexamination proceeding must be filed within three months from the issue date of the final Office action. (3) An appeal is taken by filing a notice of appeal, as prescribed in § 2.126 , and paying the appeal fee. (b) (1) The brief of appellant shall be filed within sixty