Von Verde Citrus Packing House, Inc.

Trademark Trial and Appeal Board

Jul 1, 2002

No. 75558859re (T.T.A.B. Jul. 1, 2002)

7/1/02

Paper No. 16
JQ

UNITED STATES PATENT AND TRADEMARK OFFICE
________

Trademark Trial and Appeal Board
________

In re Von Verde Citrus Packing House, Inc.
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Serial No. 75/558,859
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Request for Reconsideration

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Kevin G. Smith and Jody H. Drake of Sughrue, Mion, Zinn,
Macpeak & Seas, and Anna M. Calderón for applicant.

Dawn J. Feldman, Trademark Examining Attorney, Law Office
111 (Kevin Peska, Managing Attorney).
_______

Before Quinn, Walters and Rogers, Administrative Trademark
Judges.

Opinion by Quinn, Administrative Trademark Judge:

The Board, in a decision dated May 31, 2002, affirmed
the Section 2(d) refusal on the basis of Registration No.
2,054,861.
Applicant has filed a timely request for
reconsideration, indicating that it filed, on April 16,
2002, a consent agreement and a request to suspend the
THIS DECISION IS NOT
CITABLE AS PRECEDENT
OF THE TTAB
Serial No. 75/558,859
2
appeal. Copies of the relevant papers, included a date-
stamped return receipt card, have been submitted.
A further review of the application file shows that
the original papers were never associated with the file.
Accordingly, the request for reconsideration is
granted and the final decision dated May 31, 2002 is
vacated. Proceedings in the appeal are suspended and the
application is remanded to the Examining Attorney for
consideration of the consent agreement.
In the event registrability is found on the basis of
the consent agreement, the appeal will be moot and the
Board should be so informed. In the event the refusal of
registration is ultimately maintained, the file should be
returned to the Board for appropriate action.