Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA630711
`ESTTA Tracking number:
`10/02/2014
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`85783199
`Realvation Inc.
`NEIGHBORHOOD SHOWINGS
`TIMOTHY M HSIEH
`MH2 TECHNOLOGY LAW GROUP
`1951 KIDWELL DRIVE, SUITE 550
`TYSONS CORNER, VA 22182-3984
`UNITED STATES
`docketing@mh2law.com
`Applicants Request for Remand and Amendment
`NEIGHBORHOOD SHOWINGS - Request for Remand.pdf(10755 bytes )
`Timothy M. Hsieh
`tim@mh2law.com
`/Timothy M. Hsieh/
`10/02/2014
`
`Proceeding
`Applicant
`Applied for Mark
`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
`
`Attorney Docket: 0119.7003
`
`In re Application of: Realvation Inc.
`
`Mark:
`
`NEIGHBORHOOD SHOWINGS
`
`Serial Number:
`
`85783199
`
`Filing Date:
`
`November 19, 2012
`
`Examining Atty:
`
`Janet H. Lee, Law Office 102
`
`REQUEST FOR REMAND/AMENDMENT
`
`Applicant requests at the Board suspend proceedings with respect to this appeal and
`remand this application to the Examining Attorney for the following reasons.
`
`Under TBMP § 1205.01, “If an applicant that has filed a timely appeal to the Board files
`an amendment to its application more than six months after the issuance of the final action . . .
`the Board will treat the amendment as a request for remand.” See TBMP § 1209.04. Such a
`request will be granted upon a showing of good cause. Good cause will generally be found, for
`example, when the amendment is an attempt to comply with a requirement, such as . . . when the
`amendment will obviate a ground for refusal, such as an amendment to the Supplemental
`Register.”
`
`Good cause will also depend, in part, “on the stage of the appeal at the time the
`amendment is filed, including the reason given for the delay.” TBMP § 1205.01.
`
`If good cause for the remand is granted, “the Board will suspend proceedings with
`respect to the appeal and remand the application to the examining attorney for consideration of
`the amendment.” TBMP § 1205.01.
`
`Applicant filed an Amendment to Allege Use of its NEIGHBORHOOD SHOWINGS
`mark on October 1, 2014 and a Request for Reconsideration seeking registration of the mark on
`the Supplemental Register on October 2, 2014. There is good cause for remanding this
`application to the Examining Attorney for consideration of these amendments for the following
`reasons.
`
`First, if accepted, Applicant’s amendments would obviate the Examining Attorney’s
`refusal to register the mark on grounds of descriptiveness (the only outstanding grounds for
`refusal of the application).
`
`
`
`Second, these proceedings are in their early stages given that Applicant has not yet filed
`its appeal brief.
`
`Third, Applicant’s delay in requesting a remand was reasonable given that it only
`recently began using its mark for all of the services in its application.
`
`In view of the above, Applicant respectfully requests that this application be remanded to
`the Examining Attorney for consideration of the above amendments.
`
`Dated: October 2, 2014
`
`Respectfully submitted,
`
`/s/ Timothy M. Hsieh
`Timothy M. Hsieh
`MH2 Technology Law Group
`1951 Kidwell Drive, Suite 550
`Tysons Corner, Virginia 22182-3984
`Telephone: 703-917-0000
`Email: tim@mh2law.com
`
`Attorney for Applicant
`
`2
