ATTORNEY DOCKET: 9216967201
`TRADEMARK
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`In re: Trademark application of
`Westlake Plastics Company, Inc.
`
`Serial No: 76/392,812
`
`Filed: April 8, 2002
`
`Mark: 4910
`
`TTAB
`
`Charles N. Quinn
`Reg. No. 27,223
`Fox Rothschild LLP
`
`2000 Market Street, 10*“ Floor
`Philadelphia, PA 19103
`Tel: 2 15-299-213 5
`Fax: 2 15299-2150
`
`Email: cguinn@foxr0thschi1d.com
`Deposit Account: 50-1943
`
`REQUEST FOR REINSTATEMENT OF APPEAL
`ERRONEOUSLY DEEMED ABANDONED
`
`Commissioner for Trademarks
`
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`Sir:
`
`E '"
`
`‘°'”'2°°6
`us.=.,....m,,,m Mail am Dr, .11
`
`Applicant, through its undersigned counsel, hereby moves the Board to
`
`reinstate the appeal, which has erroneously been deemed abandoned by the
`
`Board through no fault of the applicant, from the examining attorney’s
`
`rejection of the above-identified trademark application, for reasons set forth
`
`below.
`
`Pl-[2 27'1565vl
`
`l0i’l H06
`
`
`TRADEMARK
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`In re: Trademark application of
`Westlake Plastics Company, Inc.
`
`Serial No: 76/392,812
`
`Filed: April 8, 2002
`
`Mark: 4910
`
`TTAB
`
`Charles N. Quinn
`Reg. No. 27,223
`Fox Rothschild LLP
`
`2000 Market Street, 10*“ Floor
`Philadelphia, PA 19103
`Tel: 2 15-299-213 5
`Fax: 2 15299-2150
`
`Email: cguinn@foxr0thschi1d.com
`Deposit Account: 50-1943
`
`REQUEST FOR REINSTATEMENT OF APPEAL
`ERRONEOUSLY DEEMED ABANDONED
`
`Commissioner for Trademarks
`
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`Sir:
`
`E '"
`
`‘°'”'2°°6
`us.=.,....m,,,m Mail am Dr, .11
`
`Applicant, through its undersigned counsel, hereby moves the Board to
`
`reinstate the appeal, which has erroneously been deemed abandoned by the
`
`Board through no fault of the applicant, from the examining attorney’s
`
`rejection of the above-identified trademark application, for reasons set forth
`
`below.
`
`Pl-[2 27'1565vl
`
`l0i’l H06
`
`
`
`an
`V’!
`
`‘Statement of Facts
`
`ATTORNEY DOCKET: 9216967201
`TRADEMARK
`
`in a paper mailed July 19, 2006, the Trademark Trial and Appeal Board
`
`set an August 28, 2006 deadline for filing an appeal brief. A copy of that paper
`
`is attached hereto as Exhibit 1.
`
`On August 21, 2006, applicant filed, via U.S. Postal Service Express Mail, a
`
`Motion for Extension of Time in which to File Appeal Brief or Take Other Action
`
`and Declaration of Charles N. Quinn. A copy of that motion is attached hereto
`
`as Exhibit 2.
`
`That motion and supporting declaration requested an extension of time
`
`for filing the appeal brief up to and including October 28, 2006.
`
`A copy of the U.S. Postal Service Express Mail receipt, stamped by the U.S.
`
`Postal Service with a date of August 21, 2006, is attached hereto as Exhibit 3.
`
`The motion and Mr. Quinn’s declaration were received by the U.S. Patent
`
`and Trademark Office on August 21, 2006, as evidenced by the receipt date of
`
`August 21 2006 stamped on applicant’s return postcard by the U.S. Patent and
`
`Trademark Office. A copy of this stamped return postcard, evidencing the
`
`receipt of motion and supporting declaration by the U.S. Patent and Trademark
`
`Office on August 21, 2006, is attached as Exhibit 4.
`
`In a paper mailed September 28, 2006, the Trademark Trial and Appeal
`
`Board erroneously asserted that no appeal brief has been filed by the deadline
`
`and therefore the appeal was dismissed. A copy of this communication is
`
`attached hereto as Exhibit 5.
`
`PH2 27l565vl 10/1!/06
`
`
`
`ATTORNEY DOCKET: 9216967201
`TRADEMARK
`
`Since applicant requested an extension of time for filing an appeal brief,
`
`and since that motion was timely filed by applicant, applicant submits that it
`
`was administrative error for this Board to dismiss the appeal on the grounds
`
`that nothing had been timely filed by the August 28, 2006 limiting date.
`
`Reguested Relief
`
`Accordingly, applicant requests that:
`
`1.
`
`2.
`
`The appeal for this application be reinstated;
`
`The deadline for filing an appeal brief or take other action be set
`
`for October 28, 2006.
`
`Notification of the reinstatement of this appeal is respectfully solicited.
`
`Date: @
`
`Respectfully submitt
`
`CHARLES N. QUINN
`Attorney for Applicant
`
`
`
`
`F ox, Rothschild LLP
`2000 Market Street, 10“‘ Floor
`Philadelphia, PA 1 9 103
`Tel: 215-299-213 5
`
`Fax: 2 1 5299-2150
`
`email: cquinn@f0xrothschild.com
`
`Certificate of Mailing Under 37 C.F.R. 1.10
`
`-Ev5=ieaiJai:i=i5Lis
`
` I hereby cerliiy that this paper. along with any paper referred to as being eitaohed or enclosed andior
`fee is being deposited with the United States Postal Service, "Express Mail - Post Offlce to
`Addrasseo" service under 37 C.F.R. 1.10. on the dale Indicated below, and is addressed to the
`
`Commissioner for Trademarks, P.0. Box 1451. Alexandria. VA 22313-1451.
`
`
`
`Qcigber11,20§§
`Date ca! Deposit
`
`:
`Signalura
`5
` nmmmmmm*
`Typo or print name 0! person
`
`
`PH2 271565vl 10i'lli'06
`
`
`
`
`
`EXHIBIT 1
`
`
`
`910‘
`
`0\ \,,q
`
`United States Patent and Trademark Office
`Trademark Trial and Appeal Board
`P.O. Box 1451
`
`Alexandria, VA 22313-1451
`
`em
`
`QENED
`FQEGROUP
`
`_PH“D‘lP
`voe:R0T‘*9"
`
`July 18, 2006
`Mailed:
`In re Westlake Plastics
`Company,.Inc.
`
`Serial No. 76392812
`
`Filed: 04/08/2002
`
`CHARLES N. QUINN
`FOX, ROTHSCHILD LLP
`
`l0TI-I FLOOR
`2000 MARKET STREET,
`PHILADELPHIA,
`PA 19103-3291
`
`
`
`On July 8, 2006,
`
`the Board dismissed the appeal
`
`in the
`
`above—identified application because no brief had been
`
`filed. Unfortunately, applicant's request to extend filed
`
`June 20, 2006, was not matched with the file until after the
`
`Office action dismissing the appeal was mailed.
`
`In View thereof,
`the Office action dismissing the
`appeal is hereby vacated. Additionally, applicant's request
`
`to extend filed June 20, 2006 is now granted and applicant
`
`is allowed until August 28, 2006 in which to fi
`
`
`
`JUL 2‘7 2005
`
`CHARLES on
`
`W"
`
`herein.
`
` dob
`
`By the Trademark Tria
`and Appeal Board
`
`AUG 2 1 zone
`
`U
`
`
`
`EXHIBIT 2
`
`
`
`ATTORl\It:Y DOCKET: 9216967201
`TRADEMARK
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`In re: Trademark application of
`Wcstlake P'last1'cs Company
`
`Serial No: 76/392,812
`
`Filed: April 8, 2002
`
`Mark: 4910
`
`Charles N. Quinn
`Reg. No. 27,223
`Fox Rothschild LLP
`2000 Market: Street, 10'“ Floor
`Philadelphia, PA 19.1.03
`Tel: 215-299-2 I35
`Fax: 21S—29E}—2,i.S0
`Ema.il: cguinn@.foxrothschild.com
`Deposit Account: S0-1943
`
`MOTION FOR EXTENSION OF TIME IN WHICH
`TO FILE APPEAL BRIEF OR TAKE OTHER ACTION
`
`Commissioner for Trademarks
`PO. Box 1451
`Ale.\'a.ndria, VA 223I3~].45fl
`
`Sir:
`
`This is a motion by app1icant’s undersigned counsel seeking a two month
`
`{i,\"I’({l1SIOI1 of time, until October 28, 2006, in which to file a brief and/or take
`
`other action in connection with an ex parte appeal with respect to the above-
`
`referenced pending United States trademark registration application.
`
`PH2 267046vl 08/21/06
`
`
`
`ATTORKIEY DOCKET: 9216967201
`TRADEMARK
`
`A Commun
`
`ication from the Trademark Trial. and Appeal Board mailed
`
`July 18, 2006 acknowledged the request for extension of time filed June 20,
`
`2006, and set the date for response as August 28, 2006.
`
`The reasons for this Motion are set forth in more detail in the attached
`
`Declaration of applicant's counsel.
`
`To the exte
`
`nt there is any fee required in connection with the receipt,
`
`acceptance and/o
`
`r consideration of this paper and/or any acconrpanyiiig
`
`papers submitted herewith, please charge all such fees to Deposit Account 50-
`
`.1943.
`
`This motion. is subinitted. in triplicate.
`
`Respectfully submitted,
`
`Date:_1-1 u ust 21 2006
`
`'
`
`FOX, ROTHSCHIIJ
`J LL13
`2000 Market. Street, 10”‘ Floor
`Philadelphia, PA 19103-3291
`Tel: 215-299-2.1.35
`Fax: 215-299-2150
`email: cquinn@foxrothschild.com
`
` “
`
`_________________c
`___
`_
`Charles N. Quinn
`
`Attorney for Applicant
`
` Certificate of Mailing Under 37 C.F.R.1.1O
`
` EXPRESS MAIL NO; , 7
`EVEEIEEDIEDEEIUS
`
` I hereby ccrtity that this paper , along with any paper referred to as being attached or enclosed andlor
`
`tea is being deposited with the United States Postal Service, "Express Mall - Post Office to
`Acldrossee" service under 37 C.F.R.1.10. on the date Indicated below. and is addressed as tutlaws:
`
`
`Commissioner for Trademarks. PO. Box 1451, AI
`nndria, VA 22313-1
`
`August 21 2006
`Data of Deposit
`
`Signature
`Sher Ba a
`Type or prtnt name of purson
`
`
`
`PH2 267046vl 08/21/O6
`
`
`
`ATTORNEY DOCKET: 9216913720‘!
`TRADEMARK
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`In re: Trademark application of
`Westlake Plastics Company
`
`Serial No: 76/392,812
`
`Filed: April 8, 2002
`
`Mark: 4910
`
`Charles N. Quinn
`Reg. No. 27,223
`Fox Rothschild LLP
`2000 Market: Street, 10"‘ Floor
`Philadelphia, PA 19103
`Tel: 215-299-20135
`Fax: 215-299-2150
`Email: _(?_qLlil'l11@f0X[p_fhS(‘.l’liICLCQL11
`Deposit Account: S0-19421
`
`DECLARATION OF CHARLES N. QUINN
`
`Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, VA 223l.3~14S.'l.
`
`Sir:
`
`1, Charles N. Quinn, hereby declare that I am a citizen of the United
`
`States, residing at 419 Bowen Drive, Exton, Pennsylvania, 19341, a partner in
`
`the law firm of Fox Rothschild LLP having my principal office at 2000 Market
`
`Street, Tenth Floor, Philadelphia, PA 19103-3291, a member in good standing of
`the Bar of the Supreme Court of the Commonwealth of Pennsylvania holding
`registration number 17,603 therein, admitted in good standing to practice in
`
`patent matters before the United States Patent and Trademark Office and
`
`PH2 Z67050vl 08/2!/06
`
`I
`
`
`
`1
`
`‘
`
`ATTORNEY DOCKET: 92169137201
`TRADEMARK
`
`' holding registration number 27,223 therein, and am the attorney of record for
`
`the applicant on the above-referenced trademark registration application.
`
`I am currently involved in representing the plaintiff in a large patent and
`
`trademark infringement action pending in the United States District Court for
`
`the Southern District of Ohio in Dayton, Ohio; the case is Maguire Products, Inc.
`
`v. Comet Automation Systems, Inc., civil action 03-03-198.
`
`1 am also representing the defendant in a trademark infringement action
`
`pending in the United States District Court for the Eastern District of
`
`Pennsylvania; the case is Factory Mutual Insurance Company and FM Global
`
`Technologies LLC v. Westlake Plastics Company, Inc, Civil Action No. 05-6710.
`
`1 am also serving as an expert for the plaintiff in a patent infringement
`
`action pending in the United States District Court for the District of
`
`Massachusetts; the case is Image Therm Engineering, Inc. v. InnovaSystems, Inc,
`
`Civil Action 0S—CA—14244-REK.
`
`As a result of these matters and my other responsibilities in this office, I
`
`need additional time in which to prepare an appeal brief for this application or
`
`to take other action for this application. Accordingly, I respectfully request a
`
`grant of a two—month extension of time for the same.
`
`I hereby declare that all statements made herein are true and that all
`
`statements made herein on information and belief are believed to be true and
`
`further that I realize that false statements and the like so made herein are
`
`punishable by fine, or imprisonment or both, under 18 USC 1001, and f'urther
`
`PI-I2 26'/050V! OS/2 l/O6
`
`
`
`is
`ATTORNEY DOCKET: 92169.67201
`TRADEMARK
`
`‘ may jeopardize the validity and enforceability of any registration to issue from
`
`the instant application.
`
`To the extent there is any fee required in connection with the receipt,
`
`acceptance and/or consideration of declaration and/or any accompanying
`
`papers submitted herewith, please charge all such fees to Deposit Account 50-
`
`1.94:3.
`
`Respectfully submitted,
`
`
`
`_________________ __
`Charles N. Quinn
`Attorney for Applic
`
`Certificate of Mailing Under 3? C.F.R. 1.10
`
`Date:
`
`August 21, 2006
`
`Fox Rothschild LLP
`2000 Market Street, 10'“ Floor
`Philadelphia, PA 19103-3291
`Tel: (215) 299-2135
`email: cquinn@foxrothschild.com
`
`EXPRESS MAIL NO.: __ EV5922U8039US _j.
`
`1 hereby certify that this paper. alun
`tee is being deposited with the Uni
`Addressee" service under 37 C.F.R.
`
`Au ust21 2005
`Dale of Deposit
`
`.
`
`,
`
`Sher Bara
`
`Type or print namu of person iI
`
`Pl-l2 267050vl 08/21/06
`
`-.._,,,_,:,__._—:—'
`
`
`
`EXHIBIT 3
`
`
`
`
`
`Mailing Label
`label 11-F, April 2004
`
`Post Office.-ToAddressee
` Employee Slfinature
`‘J O’
`9 a
`Em I oasl n lure
`
`Employee Signature
`
`
`Time
`
`Time
`_
`
`D AM
`[:1 pM
`U AM
`U PM
`
`Delivery Attempt
`Me.
`3 .
`Delivery Date
`.
`Day
`
`
`
`UNITEDSTAITESPOSTAL SERWCEO
`DELIVERY (POSTAL use omv)
`Delivery Attempt
`Time
`D AM
`
`
`
`
`
`
`
`
`
`
`
`
`
`DateAccepted
`Ma.
`Day
`Time Accepiad
`Ygaf
`DAM
`
`
`
`
`
`Fla! Hale U 0! Weight
`
`
`
`02:.
`lbs.
`CUSNJMER USE ONLY
`METHOD OF PAYMENT:
`Expm.-3 Mal Corporate Ma. No
`
`HVICE use ONLY)
`Day of Delivery
`
`_.
`
`Postage
`
`gum ljznd [jar-aueioay $
`scheduled Date 01 Delivery Rulurn Fieculpl Fee
`Month
`Day
`$
`Insurance Fee
`Scheduled Time of Delivery COD Fee
`3
`D Noon
`:1 PM
`$
`Mnlilaty
`Tclal Postage :1 Fees
`E 2nd Day D 3Id Day $
`lnt'| Alpha Country Code
`Acceptance Emp. initials
`
`-
`
`FROM:
`
`N1)
`
`
`
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`
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`
` son PICKUP on TRACKING: Visit www.usps.co 1
`
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`323;"Knidiaesthal 5
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`
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`
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`
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`!
`
`1"
`1
`FOX ROTHSCHI
`COMMISSIONER FURTRADEHARKS
`2000 MARKET ST FL 12
`PGiBEiX 1451
`PHILADELPHIA
`PA 19103-3203
`-ALEXANDRIA
`VA 22313-A-1451
`
`
`
`EXHIBIT 4
`
`
`
`Docket No.: 9216967201
`
`In re: Trademark application of
`Westlake Plastics Company
`Serial No.: 761392.812
`Filed: April 6, 2002
`Mark: 4910
`
`The following items were received by the PTO:
`Motion for Extension of Time in which to File
`Appeal Brief or take Other Action (2 pages) (in
`triplicate)
`Declaration of Charles N. Quinn (3 pages)
`
`1iitlitilttlfiittitflllillriiitifillliltiRitlfili-Qfitiii-itI-iii-Ildfittii-titfilth!tit-titliiiii-fltlltl-Qliiilliitil
`The PTO is respectfully requested to place its STAMP on the POSTAL CARD and place
`it in the outgoing mail.
`
`EXPRESS MAIL: EV592208039US
`
`Charles N. Quinn
`Date: August 21, 2006
`
`PH2 170778v I 08/21/06
`
`Docket No.: 9216967201
`in re: Trademark application of
`Westiake Plastics Company
`Serial No.: 76!392.812
`Filed: April 8. 2002
`Mark: 4910
`
`The following items were received by the PTO:
`Motion for Extension of Time in which to File
`Appeal Brief or take Other Action (2 pages; (in
`triplicate)
`Declaration of Chartes N. Quinn (3 pages)
`
`PH2 I70778vI 03/21/06
`
`Charles N. Quinn
`Date: August 21, 2006
`
`
`
`08-21-2006
`US. Patent & TMOft:.l‘TM Mlll Ftcpt DI. G‘
`
`
`
`EXHIBIT 5
`
`
`
`0 \
`
`V4}
`‘
`
`c;\
`\\,,
`UV}
`
`United States Patent and Trademark Office
`Trademark Trial and Appeal Board
`P.O.Box1451
`Alexandria. VA 22313-1451
`
`NED
`R‘%%5EROUP
`
`1
`“PH“D\;P
`11-av
`905“)
`
`Mailed: September 28, 2006
`In re Westlake Plastics
`Company,
`Inc.
`Serial No. 76392812
`
`Filed: 4/8/O2
`
`CHARLES N. QUINN
`FOX, ROTHSCHILD LLP
`
`10TH FLOOR
`2000 MARKET STREET,
`PHILADELPHIA,
`PA 19103-3291
`
`Applicant appealed from the decision of the Trademark
`
`Examining Attorney refusing registration, but did not file a
`
`brief within the time set therefor in the Office action of
`
`July 18, 2006.
`
`The appeal
`
`in the above—entitled application
`
`is therefore dismissed.
`
`See: Trademark Rule 2.l42(b).
`
`OCT
`
`4 2006
`
`Q
`
`By the Trademark Trial
`and Appeal Board
`
`/’,‘J:E“~‘.-;,:;~
`<}J~wwa . 5*
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