William B. Siegel

Trademark Trial and Appeal Board

Oct 11, 2001

EX (T.T.A.B. Oct. 11, 2001)

10/11/01

Paper No. 16
EJS

UNITED STATES PATENT AND TRADEMARK OFFICE
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Trademark Trial and Appeal Board
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In re William B. Siegel
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Serial No. 75/539,620
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Request for Reconsideration
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Myron Amer of Myron Amer, P.C. for William B. Siegel

D. Beryl Gardner, Trademark Examining Attorney, Law Office
107 (Thomas Lamone, Managing Attorney)
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Before Seeherman, Hairston and Wendel, Administrative
Trademark Judges.

Opinion by Seeherman, Administrative Trademark Judge:

William B. Siegel has filed a “petition for
reconsideration and application to remand.” Essentially,
applicant requests reconsideration of the Board’s July 20,
2001 decision insofar as it affirmed the refusal of
registration based on Registration No. 1,182,311, and
applicant also requests that the application be remanded to
the Examining Attorney in contemplation of applicant’s
THIS DISPOSITION
IS NOT CITABLE AS PRECEDENT
OF THE T.T.A.B.
Ser. No. 75/539,620
2
filing cancellation proceedings against Registrations Nos.
956,094 and 1,743,965. The refusals based on these
registrations were also affirmed by the Board in its
July 20, 2001 decision.
With respect to the request for reconsideration of the
refusal based on Registration No. 1,182,311, applicant has
given no reason for our reconsidering our decision.
Accordingly, we adhere to that decision, and the request
for reconsideration is denied.
With respect to the request for remand, applicant is
advised that an application which has been considered and
decided on appeal will not be reopened except for the entry
of a disclaimer or upon order of the Commissioner.
Trademark Rule 2.142(g). Because the Board issued a final
decision on appeal on July 20, 2001, the Board has no
authority to reopen the application to await the
disposition of any cancellation proceedings which applicant
may choose to file. Applicant’s only recourse for
reopening the application is a petition to the
Commissioner. However, our advising applicant as to the
proper procedure to follow should not be taken as an
indication that such a petition would be successful.
Decision: The request for reconsideration and the
request for remand are denied.