`
`ESTTA Tracking number:
`
`ESTTA1049967
`
`Filing date:
`
`04/18/2020
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`Applicant
`
`88164367
`
`Lake Effect Ice Cream, LLC
`
`Applied for Mark
`
`LAKE EFFECT ARTISAN ICE CREAM
`
`Correspondence
`Address
`
`ELLEN S. SIMPSON
`SIMPSON & SIMPSON, PLLC
`5555 MAIN STREET
`WILLIAMSVILLE, NY 14221
`UNITED STATES
`TrademarkEFS@idealawyers.com, esimpson@idealawyers.com, trade-
`markefs@idealawyers.com
`716-626-1564
`
`Submission
`
`Attachments
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Applicant's Request to Extend
`
`Request for Extension of Time 04-18-2020.pdf(87252 bytes )
`
`Ellen S. Simpson
`
`TrademarkEFS@idealawyers.com, esimpson@idealawyers.com
`
`/Ellen S. Simpson/
`
`04/18/2020
`
`
`
`IN THE UNITED STATES PATENT & TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of US. Trademark Application Serial No. 88164367
`
`Applicant:
`
`Lake Effect Ice Cream, LLC
`
` Mark:
`
`Examining Attorney: Caitlin Watts-FitzGerald
`Law Office 111
`
`REQUEST FOR EXTENSION OF TIME TO FILE APPEAL BRIEF
`
`Applicant, Lake Effect Ice Cream, LLC (“Applicant”), by and through its counsel
`
`Simpson & Simpson, PLLC, hereby requests a thirty (30) day extension of time to file its Appeal
`
`Brief for good cause shown, pursuant to TBMP 1203.02(d).
`
`On April 17, 2020, Applicant filed a Motion to Stay this appeal pending ongoing
`
`litigation, namely, 199 Delaware Avenue, Inc. v. Lake Efi’ect Artisan Ice Cream, et al. Civil
`
`Action No. 1:19-cv-00224, which is currently pending in the United States District Court,
`
`Western District of New York. If Applicant’s Motion is granted, further proceedings on this
`
`application will be stayed pending the outcome of the civil litigation. As Applicant may not
`
`receive a decision on its Motion prior to the April 21, 2020 due date of the Appeal Brief,
`
`Applicant requests an extension of time to file the brief in order that a ruling on Applicant’s
`
`Motion may be received.
`
`
`
`Additionally, given the current pandemic, and the need to work remotely, Applicant
`
`requires additional time to prepare the Appeal Brief for submission.
`
`Based on the above, Applicant respectfully requests that a thirty (30) day extension of
`
`time to file the Appeal Brief be granted.
`
`Respectfully submitted,
`
`‘ Ellen S. Sigpson E
`
`Attorney for Applicant
`Simpson & Simpson PLLC
`5555 Main Street
`
`Williamsville, New York 14221
`(tel) 716-626-1564
`(fax) 716-626-0366
`(email) esimpsongazidealawyerscom
`
`DATED: April 18, 2020
`
`
`
`CERTIFICATION UNDER 37 C.F.R. §1.8
`
`this REQUEST FOR EXTENSION OF TIME is being filed
`I hereby certify that
`electronically with the United States Patent and Trademark Office utilizing the Electronic System
`for Trademark Trials and Appeals on this 18th day of April, 2020.
`
`Ellen S. Sigpsgn Z
`
`Attorney for Applicant
`Simpson & Simpson PLLC
`5555 Main Street
`
`Williamsville, New York 14221
`(tel) 716-626-1564
`(fax) 716-626-0366
`(email) csimpsongcflidealawyerscom
`
`

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