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: December 30, 2014
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`Opposition No. 91218963
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`Legend Pictures LLC
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`v.
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`Monique Tyson, Paralegal Specialist:
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`
`Adam Quincy
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`On December 16, 2014, applicant's attorneys filed a request to withdraw as
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`applicant's counsel of record in this proceeding.1 The request to withdraw as
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`counsel is in compliance with the requirements of Trademark Rules 2.19(b) and
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`Patent and Trademark Rule 11.116, and is accordingly granted. The law firm of
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`Neifeld IP Law PC no longer represents applicant in this proceeding.
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`In view of the withdrawal of applicant's counsel, and in accordance with
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`standard Board practice, proceedings herein are suspended, and applicant is
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`allowed until thirty days from the mailing date of this order to appoint new
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`counsel, or to file a paper stating that applicant chooses to represent itself. If
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`applicant files no response, the Board may issue an order to show cause why
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`default judgment should not be entered against applicant based on applicant's
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`apparent loss of interest in the proceeding.
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`1 A copy of the request to withdraw is placed in the application involved in this
`proceeding.
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`
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`

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`Opposition No. 91218963
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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,
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`and dates 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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`Adam Quincy
`12163 Open Meadow Lane
`Bristow, VA 20136
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`Bruce T Margulies
`Neifeld IP Law PC
`4813 B Eishenhower Ave
`Alexandria, VA 22304
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`Carla C Calcagno
`Calcagno Law PLLC
`1250 24th Street NW
`Suite 300
`Washington, DC 20037
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`
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`Information regarding legal representation
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`Although Patent and Trademark Rule 11.14 permits an entity to
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`represent itself, it is strongly advisable for a party who is not acquainted with
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`the technicalities of the procedural and substantive law involved in inter
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`partes proceedings before the Board to secure the services of an attorney who
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`is familiar with such matters. The United States Patent and Trademark
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`Office (USPTO) cannot aid in the selection of an attorney. As the impartial
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`2
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`

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`Opposition No. 91218963
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`decision maker, the Board may not provide legal advice; it may provide
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`information solely as to procedure.
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`Any party who does not retain counsel should be familiar with the
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`authorities governing this proceeding, including the Trademark Trial and
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`Appeal Board Manual of Procedure (TBMP), and the Trademark Rules of
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`Practice (37 C.F.R. Part 2), both accessible directly from the Board's web
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`page: http://www.uspto.gov/trademarks/process/appeal/index.jsp. Also on the
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`Board’s web page are links to ESTTA, the Board's electronic filing system2 at
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`http://estta.uspto.gov, and TTABVUE, for case status and prosecution history
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`at http://ttabvue.uspto.gov/ttabvue.
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`Trademark Rules 2.119(a) and (b) require that every paper filed in the
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`USPTO in a proceeding before the Board must be served upon the attorney
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`for the other party, or on the party if there is no attorney. Proof of service
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`must be made before the paper will be considered by the Board. Accordingly,
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`copies of all papers filed in this proceeding must be accompanied by a signed
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`statement indicating the date and manner in which such service was made.
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`See TBMP § 113.03. The statement, whether attached to or appearing on the
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`paper when filed, will be accepted as prima facie proof of service, must be
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`signed and dated, and should take the form of a certificate of service as
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`follows:
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`2 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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`3
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`

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`Opposition No. 91218963
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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 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
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`Federal Rules of Civil Procedure (where applicable), is required of all parties
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`before the Board, whether or not they are represented by counsel. See
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`McDermott v. San Francisco Women’s Motorcycle Contingent, 81 USPQ2d
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`1212, n.2 (TTAB 2006).
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`This inter partes proceeding is similar to a civil action in a federal
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`district court. The parties file pleadings and a range of possible motions.
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`This proceeding
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`includes designated times for disclosures, discovery
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`(discovery depositions, interrogatories, requests for production of documents
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`and things, and requests for admission, to ascertain the facts underlying an
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`adversary's case), a trial period, and the filing of briefs. The Board does not
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`preside at the taking of testimony; all testimony is taken out of the presence
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`of the Board during the assigned testimony, or trial, periods, and the written
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`transcripts thereof, together with any exhibits thereto, are then filed with the
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`Board. No paper, document, or exhibit will be considered as evidence unless
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`it has been introduced in evidence in accordance with the applicable rules.
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`4

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