Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA658337
`ESTTA Tracking number:
`02/27/2015
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`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91207982
`Plaintiff
`Gface GmbH
`NED W BRANTHOVER
`ABELMAN FRAYNE & SCHWAB
`666 THIRD AVENUE, 10TH FLOOR
`NEW YORK, NY 10017
`UNITED STATES
`nwbranthover@lawabel.com, pjlynfield@lawabel.com
`Opposition/Response to Motion
`Ned W. Branthover
`nwbranthover@lawabel.com, pjlynfield@lawabel.com
`/Ned W. Branthover/
`02/27/2015
`Opposer's Opposition to Applicant's Substitution of Attorney - SIGNED - Febru-
`ary 27, 2015.pdf(118945 bytes )
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`Proceeding
`Party
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`Correspondence
`Address
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`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`222,605
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`In the Matter of Serial No. 85/626,388
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`Filed: May 15, 2012
`____________________________________________________ _._X
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`Gface Gm‘oH,
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`Opposer,
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`Opposition No. 91207982
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`iConnectUS LLC.
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`Applicant.
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`____________________________________________________ -_X
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`OPPOSER’S OPPOSITION T0 APPLICANT’S SUBSTITUTION OF ATTORNEY
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`Opposer Gface Grnbl-I (“Gface” or “Opposer”) by and through its attorneys, files this
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`opposition to Applicant’s attorney’s two filings on February 23, 2015 entitled Notice of Withdrawal
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`of Attorney (TTABVUE No. 36) and Applicant’s Substitution of Attorney (TTABVUE No. 35)
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`seeking to withdraw Applicant’s attorney of record Andrew D0 of the law firm Oswald & Yap,
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`APC with the Applicant’s principal Michael Fetyko.
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`Applicanfs request for withdrawal should be denied for the following reasons:
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`1. Does not comply with 37 C.F.R. §2.19 (b) (3) (i) or (ii) and T.B.M.P. §116.02 (c) which
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`requires E gljg a statement to client “of any responses that are due, and of the deadline for
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`response”
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`(ii) a qualified representation of co-counsel is ongoing.
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`2. Does not Comply with 37 C.F.R. §10.40 (c) (1) which requires the attorney to specify one of
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`the enumerated reasons for withdrawal which Applicant’s attorney did not do.
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`3. The substitution requested on behalf of the applicant is Michael Fetyko who is not an
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`attorney and the applicant is a corporation, and therefore, cannot be represented pro se.
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`4. The Substitution is not signed by the proposed new representative Michael Fetyl-:0.
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`5. Neither of these Notices were received by Opposer. The Opposer discovered these Notices
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`by periodically checking the TTAB database for this proceeding. One notice has a signed
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`Certificate of Service showing January 30, 2015 via U.S. Mail but Opposer never received
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`this notice by mail. The other notice notice has an unsigned Certificate of Service.
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`Given the background of this opposition and the Applicant’s repeated failures to comply with
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`the TTAB rules for discovery, the Opposer requests that the TTAB denies Applicant’s attorney
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`request to withdraw as counsel unless and until there is another attorney substituted on behalf of
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`Applicant. Otherwise, the Opposer will be prejudiced by repeated substitutions of attorneys which
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`have already unnecessarily delayed this proceeding.
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`Date: Februaryg; 1:? , 2015
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`Respec/t1]aliy?Submitted,
`M” I
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`.
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`...
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`e W. Branthover
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`r .__,\“
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`ABELMAN, FRAYNE & SCHWAB
`666 Third Avenue
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`New York, New York 10017
`Tel: 212-949-9022
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`Fax: 212 949-9190
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`Email: nwbranthover@lawabel.com
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`Attorneys for Opposer
`Gface GMBH
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`CERTIFICATE OF SERVICE
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`I hereby certify that this
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`y M
`day of February, 2015, a copy of 0pp0ser’s Opposition to
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`Applicant’s Substitution of Attorney was sent via email and regular mail to the following:
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`Andrew Do, Esq.
`FitzGera1d Yap Kreditor LLP
`16148 Sand Canyon Ave.
`Irvine, CA 92618
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`Email: ado@flk1aw.com
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`Andrew Do, Esq.
`OSWALD & YAP, APC
`16148 Sand Canyon Ave.
`Irvine, CA 92618
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`Email: adogagoswald-yap.com
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`Mr. Michael Fetyko
`My Game Face LLC
`324 E. 19”‘ Street
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`Costa Mesa, CA 92627
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`Mr. Michael Fetyko
`iCon11ectUS LLC
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`1278 Glenneyre St., Ste. 444
`Laguna Beach, CA 92651
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`and copies to:
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`Emails: Infe kc
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`iconnectus 1'o.con1
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`mfetyko@,yahoo.co1n
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`1 Ned W. Branthover
