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
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`Mailed: July 2, 2015
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`Opposition No. 91207982
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`Gface GmbH
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`v.
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`iConnectUS LLC
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`Karl Kochersperger, Paralegal Specialist:
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`On May 12, 2015, proceedings herein were suspended to allow Applicant’s attorney
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`to file a proper withdrawal of counsel. On June 11, 2015, Applicant's attorneys filed a
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`request to withdraw1 as Applicant's counsel of record in this proceeding.2 The request
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`to withdraw as counsel is in compliance with the requirements of Trademark Rules
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`2.19(b) and Patent and Trademark Rule 11.116, and is accordingly granted. The law
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`firm of FitzGerald Yap Kreditor LLP no longer represents Applicant in this proceeding.
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`In view of the withdrawal of Applicant's counsel, and in accordance with standard
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`Board practice, proceedings herein are suspended,3 and Applicant is allowed until thirty
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`days from the mailing date of this order to appoint new counsel, or to file a paper
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`stating that Applicant chooses to represent itself. If Applicant files no response, the
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`1 A copy of the request to withdraw is placed in the application involved in this proceeding.
`2 Opposer’s response (filed June 12, 2015) to Applicant’s motion is noted.
`3 The Board’s order of May 12, 2015 also noted that upon resumption the Board will set
`Applicant’s time to file a brief in response to Opposer’s February 6, 2015 motion. In the
`event that proceedings are eventually resumed, this statement will take effect.
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`Opposition No. 91207982
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`Board may issue an order to show cause why default judgment should not be entered
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`against applicant based on applicant's apparent loss of interest in the proceeding.
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`Proceedings are otherwise suspended pending response to this order.
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`The parties will be notified by the Board when proceedings are resumed, and dates
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`will be reset, as appropriate.
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`A copy of this order has been sent to all persons listed below.
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`cc:
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`Ned W. Branthover
`Abelman, Frayne & Schwab
`666 Third Avenue
`New York, NY 10017
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`Andrew H. Do
`FitzGerald Yap Kreditor LLP
`16148 Sand Canyon Avenue
`Irvine, CA 92618
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`Michael Fetyko
`IConnectUS LLC
`1278 Glenneyre Street, Suite 444
`Laguna Beach, CA 92651
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`Information regarding legal representation
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`Although Patent and Trademark Rule 11.14 permits an entity to represent itself,
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`it is strongly advisable for a party who is not acquainted with the technicalities of
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`the procedural and substantive law involved in inter partes proceedings before the
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`Board to secure the services of an attorney who is familiar with such matters. The
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`United States Patent and Trademark Office (USPTO) cannot aid in the selection of
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`Opposition No. 91207982
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`an attorney. As the impartial decision maker, the Board may not provide legal
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`advice; it may provide information solely as to procedure.
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`Any party who does not retain counsel should be familiar with the authorities
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`governing this proceeding, including the Trademark Trial and Appeal Board
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`Manual of Procedure (TBMP), and the Trademark Rules of Practice (37 C.F.R. Part
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`2),
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`both
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`accessible
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`directly
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`from
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`the
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`Board's
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`web
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`page:
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`http://www.uspto.gov/trademarks/process/appeal/index.jsp. Also on the Board’s web
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`page are
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`links
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`to ESTTA,
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`the Board's electronic
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`filing system4 at
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`http://estta.uspto.gov, and TTABVUE, for case status and prosecution history at
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`http://ttabvue.uspto.gov/ttabvue.
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`Trademark Rules 2.119(a) and (b) require that every paper filed in the USPTO
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`in a proceeding before the Board must be served upon the attorney for the other
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`party, or on the party if there is no attorney. Proof of service must be made before
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`the paper will be considered by the Board. Accordingly, copies of all papers filed in
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`this proceeding must be accompanied by a signed statement indicating the date and
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`manner in which such service was made. See TBMP § 113.03. The statement,
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`whether attached to or appearing on the paper when filed, will be accepted as prima
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`facie proof of service, must be signed and dated, and should take the form of a
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`certificate of service as follows:
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`I hereby certify that a true and complete copy of the foregoing (insert
`title of submission) has been served on (insert name of opposing
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`4 The Board strongly encourages parties to file all papers through ESTTA, which operates
`in real time and provides a tracking number that the filing has been received. For
`assistance in using ESTTA, call 571-272-8500.
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`Opposition No. 91207982
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`counsel or party) by mailing said copy on (insert date of mailing), via
`First Class Mail, postage prepaid (or insert other appropriate method of
`delivery) to: (name and address of opposing counsel or party).
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`Signature______________________________
`Date___________________________________
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`Strict compliance with the Trademark Rules of Practice, and the Federal Rules
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`of Civil Procedure (where applicable), is required of all parties before the Board,
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`whether or not they are represented by counsel. See McDermott v. San Francisco
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`Women’s Motorcycle Contingent, 81 USPQ2d 1212, n.2 (TTAB 2006).
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`This inter partes proceeding is similar to a civil action in a federal district court.
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`The parties file pleadings and a range of possible motions. This proceeding includes
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`designated times for disclosures, discovery (discovery depositions, interrogatories,
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`requests for production of documents and things, and requests for admission, to
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`ascertain the facts underlying an adversary's case), a trial period, and the filing of
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`briefs. The Board does not preside at the taking of testimony; all testimony is taken
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`out of the presence of the Board during the assigned testimony, or trial, periods, and
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`the written transcripts thereof, together with any exhibits thereto, are then filed
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`with the Board. No paper, document, or exhibit will be considered as evidence
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`unless it has been introduced in evidence in accordance with the applicable rules.
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