`ESTTA393066
`ESTTA Tracking number:
`02/13/2011
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`77626768
`LaPolla Industries, Inc.
`DANIEL S. POLLEY
`DANIEL S. POLLEY, P.A.
`7251 WEST PALMETTO PARK ROAD, SUITE 202
`BOCA RATON, FL 33433
`UNITED STATES
`dan@danpolley.com, beatrizbemal@bellsouth.net
`Applicant's Request to Extend
`7010THERMO-FLEX TTABThirdEOT.pdf ( 2 pages )(21127 bytes )
`Daniel S. Polley
`dan@danpolley.com
`/Daniel S Polley/
`02/13/2011
`
`Proceeding
`Applicant
`Correspondence
`Address
`
`Submission
`Attachments
`Filer's Name
`Filer's e-mail
`Signature
`Date
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`LaPolla Industries, Inc.
`
`77/626,768
`
`December 4, 2008
`THERMO-FLEX
`
`John M. Kelly
`
`117
`
`1127.7010
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`In re application of
`
`Serial No.
`
`Filed
`
`Mark
`
`
`
`
`
`
`
`
`
`
`
`Trademark Attorney
`
`Law Office
`
`Our File No.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`:
`
`:
`
`:
`
`:
`
`:
`
`:
`
`:
`
`
`
`I hereby certify that this correspondence, and any attachments thereto, is being electronically filed with
`the TTAB.
`
`
`
`Daniel S. Polley
`
` Name of Person Mailing
` Paper
`
`
`
`
`/Daniel S. Polley/
`
`Signature
`
`
`
`
`
`February 13, 2011
`
`Date
`
`REQUEST FOR EXTENSION OF TIME FOR FILING
`APPLICANT’S APPEAL BRIEF
`
`
`Mail Stop TTAB
`Commissioner for Trademarks
`
`Dear Sir:
`
`
`
`It is respectfully requested that the time now set for filing Applicant-Appellant’s
`
`appeal brief, presently due February 20, 2010, be extended an additional four (4) months,
`
`thus extending the time for response up to and including June 20, 2011.
`
`
`
`This request is not made for purposes of delay, but to allow counsel additional time
`
`to prepare its comprehensive brief on the issues of record.
`
`
`
`Applicant’s counsel, the undersigned counsel has had limited contact with
`
`Applicant and thus has been unable to sufficiently consult with Applicant regarding the
`
`issues in the appeal.
`
`During the past four months the undersigned counsel has been involved in
`
`representing the Plaintiff as its sole counsel in the patent infringement litigation case in the
`
`Southern District of Florida, namely, Trebor Industries, Inc. v. JL Gory, Inc. et al. Case No.
`
`
`
`In re application of: LaPolla Industries, Inc.
`Serial No. 77/626,768
`Page 2
`
`
`
`09-60214-CIV, and has been significantly involved with post judgment motions and appeal
`
`issues.
`
`
`
`The undersigned is also heavily involved in a federal trademark litigation matter in
`
`the District Court of Nevada in Las Vegas, Nevada (Glen J. Lerner et al. v. Richard Sackett
`
`et al, Case No. 2:08-cv-01123-KJD-RJJ). The Las Vegas litigation has also been quite
`
`active the past several months in view of the extended discovery period. Further out of state
`
`depositions and possible out of state mediation are also expected.
`
`The undersigned counsel also continues to be involved in several other pre-
`
`litigation matters.
`
`
`
`In addition to the above, the undersigned counsel is involved with other
`
`unanticipated matters which have required that counsel’s attention be diverted away from
`
`matters scheduled on counsel’s docket.
`
`
`
`As this is an Ex Parte Appeal, not involving other parties, it is respectfully believed
`
`that this Request will not be prejudicial to any third party.
`
`
`
`It is therefore respectfully requested that Applicant-Appellant be granted ample
`
`time, until June 20, 2011, in which to file its Appellant’s Brief.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`/Daniel S. Polley/
`Daniel S. Polley, Reg. No. 34,902
`DANIEL S. POLLEY, P.A.
`7251 W. Palmetto Park Road, Suite 202
`Boca Raton, Florida 33433
`Phone (561) 347-5955
`Fax (561) 807-5987
`Email: dan@danpolley.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`7010THERMO-FLEX.TTABThirdEOT.doc
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
