`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`General Contact Number: 571-272-8500
`General Email: TTABInfo@uspto.gov
`
`June 1, 2020
`____________________________________________________
`IN RE:
`Panasonic Avionics Corporation
`____________________________________________________
`SERIAL NO. 88352905
`____________________________________________________
`APPEAL RECEIVED: 06/01/2020
`____________________________________________________
`BRIEF DUE: n/a
`
`
`
`Lisel M. Ferguson
`Procopio, Cory, Hargreaves & Savitch LLP
`525 B Street, Suite 2200
`San Diego, CA 92101
`
`ESTTA1059188
`
`The appeal and appeal fee in the above-entitled application were received on the
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`date indicated above. Applicant has checked the request for reconsideration box on
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`the ESTTA form, thereby indicating that it has filed or is filing today a request for
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`reconsideration of the final refusal to register. Applicant should notify the Board
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`immediately if it has not filed a timely request for reconsideration and does not
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`intend to do so.
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`
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`A request for reconsideration, which may or may not include an amendment,
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`must be filed with the Trademark Examining Operation, and may be filed via
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`TEAS, using the Response to Office Action form.1
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`In view of the filing of the request for reconsideration/amendment, the appeal is
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`hereby instituted, but action on the appeal is suspended and the application is
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`remanded
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`to
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`the
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`examining attorney
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`to
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`consider
`
`the
`
`request
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`for
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`reconsideration/amendment.
`
`If
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`registrability
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`is
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`found
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`on
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`the
`
`basis
`
`of
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`the
`
`request
`
`for
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`reconsideration/amendment, the appeal will be moot. In the event the refusal of
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`registration
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`is maintained,
`
`and
`
`assuming
`
`that
`
`the
`
`request
`
`for
`
`reconsideration/amendment does not raise a new issue, the application will be
`
`returned to the Board, proceedings in the appeal will be resumed, and applicant will
`
`be allowed time
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`in which to
`
`file an appeal brief. If the request
`
`for
`
`reconsideration/amendment raises a new issue, the examining attorney may not
`
`issue a final refusal until the applicant has been given an opportunity to respond.
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`Upon issuance of a final refusal, proceedings in the appeal will be resumed, and
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`applicant will be allowed time in which to file an appeal brief. An Amendment to
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`Allege Use will be treated in the same manner as any amendment; if registrability
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`is found on the basis of the AAU, the appeal will be moot; if the AAU raises a new
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`issue, the examining attorney may not make a refusal final until applicant has been
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`given an opportunity to respond.
`
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`1 (To maintain their status, TEAS Plus applicants must use TEAS for filing a request for
`reconsideration.)
`
`
`
`Request to Divide
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`If,
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`in addition
`
`to
`
`filing a notice
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`of appeal and
`
`request
`
`for
`
`reconsideration/amendment, applicant has also filed a request to divide the
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`application, the appeal is instituted, proceedings are suspended, and the application
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`is remanded to the examining attorney. The examining attorney should forward the
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`application to the ITU/Divisional Unit of the Office to act on the request to divide.
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`After the request to divide is processed, the examining attorney should consider the
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`request for reconsideration/amendment. If registrability is found on the basis of the
`
`request for reconsideration/amendment, the appeal will be moot. If the refusal of
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`registration is maintained,2 the divided file containing classes for which an appeal
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`has been filed should be returned to the Board, and the Board will then resume
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`proceedings in the appeal and allow applicant time to file an appeal brief. The file
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`for which no appeal has been taken should be treated by the examining attorney in
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`the same manner as any request for reconsideration/amendment where there has
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`been no appeal.
`
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`2 If the request for reconsideration/amendment raises a new issue, a final Office action may
`not issue until the applicant has had an opportunity to respond).
`
`
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