ax
`
`TTAB
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`International Karate Organization Kyokushinkaikan
`
`and Shokei Matsui
`
`ORGANIZATION N.A.K.O. & Design
`
`Mark: NORTH Al\/IERICAN KYOKUSHIN
`
`Opposers
`
`V.
`
`Zephirin, Henriot
`
`Applicant
`
`Serial No. 76/566,572
`
`Opposition No. 91166753
`
`CERTIFICATE OF MAILING
`
`Commissioner for Trademarks:
`
`Box: Trademark Trial and Appeal Board
`P.O. Box 1451
`
`Alexandria, VA 22313-1451
`
`I hereby certify that the following attached correspondence comprising:
`
`--—--Motion to Extend Testimony Periods Without Consent
`
`---—Brief in Support of Motion to Extend Testimony Periods Without Consent
`
`—---Acknowledgement post card
`
`Is being deposited with the United States Postal Service as “First Class Mail postage”
`prepaid in an envelope addressed to: Commissioner for Trademarks, BOX: Trademark Trial
`
`
`
`
`November 17 2006
`
`male of Deposit)
`
`
`
`1
`
`11-17-200a"
`US Patent 3. TMOfc/TM Mal Rcyt or #22
`
`
`
`TTAB
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`International Karate Organization Kyokushinkaikan
`
`and Shokei Matsui
`
`ORGANIZATION N.A.K.O. & Design
`
`Mark: NORTH Al\/IERICAN KYOKUSHIN
`
`Opposers
`
`V.
`
`Zephirin, Henriot
`
`Applicant
`
`Serial No. 76/566,572
`
`Opposition No. 91166753
`
`CERTIFICATE OF MAILING
`
`Commissioner for Trademarks:
`
`Box: Trademark Trial and Appeal Board
`P.O. Box 1451
`
`Alexandria, VA 22313-1451
`
`I hereby certify that the following attached correspondence comprising:
`
`--—--Motion to Extend Testimony Periods Without Consent
`
`---—Brief in Support of Motion to Extend Testimony Periods Without Consent
`
`—---Acknowledgement post card
`
`Is being deposited with the United States Postal Service as “First Class Mail postage”
`prepaid in an envelope addressed to: Commissioner for Trademarks, BOX: Trademark Trial
`
`
`
`
`November 17 2006
`
`male of Deposit)
`
`
`
`1
`
`11-17-200a"
`US Patent 3. TMOfc/TM Mal Rcyt or #22
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`International Karate Organization Kyokushinkaikan
`
`and Shokei Matsui
`
`ORGANIZATION N.A.K.O. & Design
`
`Mark: NORTH AMERICAN KYOKUSHIN
`
`Opposers
`
`v.
`
`Zephirin, Henriot
`
`Applicant
`
`Serial No. 76/566,572
`
`Opposition No. 91 166753
`
`MOTION TO EXTEND TESTIIVIONY PERIODS WITHOUT CONSENT
`
`Pursuant to Trademark Rule 2.127, Opposers International Karate Organization
`
`Kyokushinkaikan and Shokei Matsui (hereinafter referred to as “Opposers”), through
`
`their attorney, Julianne B. Bochinski, respectfillly moves for the Board to extend the
`
`current deadlines for testimony periods by sixty (60) days, the schedule to be as follows:
`
`Thirty-day testimony period for party in
`
`January 17, 2007
`
`position of plaintiff to close:
`
`Thirty-day testimony period for party in
`
`March 18, 2007
`
`Position of defendant to close:
`
`Fifieen-day rebuttal testimony period
`
`
`
`to close
`
`May 2, 2007
`
`Opposer’s Counsel has attempted to resolve this matter with a Stipulated Request
`
`for Extension of Time by contacting Counsel for Applicant, Katherine Jennison Shultz.
`
`Please note that she indicated that she could not stipulate to this extension because she
`
`could not reach her client for consent to this extension of time. In support of this motion,
`
`Opposers rely upon their simultaneously filed supporting brief.
`
` Rect sly Submi
`'
`
`
`r B. Bochinski
`
`
`
`for Opposers
`0. nial Green
`
`
`250 Post Road East, Suite 102
`
`Westport, CT 06880
`(203) 226-8833
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that I served a copy of the foregoing Motion to Extend Testimony
`
`Periods Without Consent upon Applicant’s counsel by depositing one copy thereof in the
`
`United States Mail, via first class mail on November 17, 2006, addressed as follows:
`
`Kathryn Jennison Shultz
`Jennison & Shultz, PC
`Crystal Plaza #1, Suite 1102
`2001 Jefferson Davis Highway
`'
`on, VA
`-
`
`4
`
`Julia ne B. Bochinski
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`International Karate Organization Kyokushinkaikan
`
`and Shokei Matsui
`
`ORGANIZATION N.A.K.0. & Design
`
`Mark: NORTH AMERICAN KYOKUSI-]]N
`
`Opposers
`
`V.
`
`Zephirin, Henriot
`
`Applicant
`
`Serial No. 76/566,572
`
`Opposition No. 91166753
`
`BRIEF IN SUPPORT OF MOTION TO EXTEND TESTIMONY PERIODS WITHOUT
`CONSENT
`
`In the present case, this motion for an extension request is made at the request of
`
`Counsel for Opposer, Julianne B. Bochinski, (a sole-practitioner who has had an ongoing
`
`relationship with the Opposers for all their U.S. intellectual property matters since 2002).
`
`1, Julianne B. Bochinski, sustained a serious back injury early in 2006 and have been
`
`undergoing medical treatment throughout 2006 which has caused my inability to be able
`
`to work on a full time basis in 2006 and necessitated a leave of absence for back
`
`rehabilitation purposes, since the beginning of August 2006 to early November 2006.
`
`Additionally, during this time I have endured an adverse reaction to an anti—inflammatory
`
`prescription. As Opposers’ counsel, I have been desperately trying to get into the office
`
`to handle this case and I have experienced a number of health-related set backs which
`
`have made me incapable ofworking on this case over the past 3 ‘/2 months and discussing
`
`
`
`the matter with Opposers in order to allow them to seek a substitute counsel in the last 30
`
`days.
`
`This motion for an extension of time is made to allow Opposers and their Counsel
`
`time to review discovery, take testimony and present their case, which could not be done
`
`during Opposers’ Counsel’s absence, and for Applicant’s Counsel to be able to respond
`
`thereto. As Opposers counsel, I have just returned back to work as ofNovember 2006 on
`
`a part time basis and will now try to move forward with this case without any finther
`
`delay to either party, however, I am now fully aware of my health limitations and this
`
`additional time is now also needed for Opposers to seek a substitute counsel in this matter
`
`to be ready to stand in should I experience any further setbacks at which point I will have
`
`myself removed as counsel in this case. Opposers were only now made aware of the
`
`possible need to find a substitute counsel on November 17, 2006, I have been trying to
`
`get to this case on their behalf due to our long relationship. Counsel for Applicant,
`
`Katherine Jennison Shultz, was contacted concerning this extension request and indicated
`
`that she could not stipulate to this extension because she could not reach her client for
`
`consent to this extension of time. Please note that this request is not made for any
`
`improper purpose or delay and as Counsel for Opposers I apologize to the parties and the
`
`Board for the delay I have caused from my own personal health matters and pray that the
`
`Board will grant this extension so that the interests of the parties can be met herein.
`
`
`
`Respect
`
`.l1y submitted,
`
`
`
`r e B. Bochinski, Esq.
`
`Attorney for Opposers
`
`250 Post Road East, Suite 102
`
`P.O. Box 2723
`
`Westpott, CT 06880
`
`(203) 226-8833
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that I served a copy of the foregoing Brief in Support of Motion to
`
`Extend Testimony Periods Without Consent upon App1icant’s counsel by depositing one
`
`copy thereof in the United States Mail, via first class mail on November 17, 2006,
`
`addressed as follows:
`
`Kathryn Jennison Shultz
`Jennison & Shultz, PC
`Crystal Plaza #1, Suite 1102
`2001 Jefferson Davis Highway
`
`Arl' gton, VA 22
`
`
`Julianne
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