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: January 31, 2017
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`Opposition No. 91229805
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`Los Angeles Dodgers LLC
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`v.
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`Diamond Munoz and Eric Munoz
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`Jennifer Krisp, Interlocutory Attorney:
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`SUSPENSION
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`At present, Applicants’ attorney of record in this proceeding is Matthew H.
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`Swyers. Under the terms of a Final Order issued in the USPTO Office of Enrollment
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`and Discipline Proceeding No. D2016-20, Mr. Swyers “shall be excluded on consent
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`from practice before the Office in trademark and non-patent matters commencing on”
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`January 26, 2017. Mr. Swyers is no longer practicing before the USPTO in trademark
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`matters, and is therefore considered to have withdrawn from representation of
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`Applicants in this proceeding.
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`No other attorney has entered an appearance for Applicants and no revocation of
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`Mr. Swyers’ power of attorney has been filed. In accordance with standard Board
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`practice, proceedings are suspended, and Applicants are allowed until thirty days
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`from the mailing date of this order to either appoint new counsel through ESTTA, or
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`to file a submission through ESTTA informing the Board that Applicants will
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`Opposition No. 91229805
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`represent themselves. Applicants may file such notification concurrent with the
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`parties’ response to the January 17, 2017 order.
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`RESPONSE TO JANUARY 17, 2017 ORDER
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`In view of the suspension imposed herein, the instant order amends the January
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`17, 2017 order to the extent that the parties are allowed until thirty days from the
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`mailing date of this order to file a revised motion to amend the involved application
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`which addresses the deficiency in the drawing. To clarify, the parties may satisfy
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`this requirement by submitting an amended drawing; the parties need not submit an
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`entire revised motion.
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`The balance of the January 17, 2017 order remains as issued.
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`In accordance with standard Board practice, a copy of this order has been sent to
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`all persons listed below.
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`cc:
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`Robert J. English
`Cowan, Liebowitz & Latman, P.C.
`114 West 47th Street
`New York, NY 10036-1525
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`Diamond Munoz
`1418 S.E. 8th Ter. Apt #6
`Cape Coral, FL 33990
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`Eric Munoz
`1418 S.E. 8th Ter. Apt #6
`Cape Coral, FL 33990
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`Matthew H. Swyers
`The Trademark Company
`344 Maple Ave W PMB 151
`Vienna, VA 22180
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`Opposition No. 91229805
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`Information regarding legal representation
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`While Patent and Trademark Rule 11.14 permits any person to represent itself, it
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`is strongly advisable for a person who is not acquainted with the technicalities of the
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`procedural and substantive law involved in inter partes proceedings before the Board
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`to secure the services of an attorney who is familiar with such matters. The Patent
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`and Trademark Office cannot aid in the selection of an attorney. See TBMP § 114.02.
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`Trademark Rules 2.119(a) and (b) require that every submission filed in a
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`proceeding before the Board must be served upon the other party or parties, and
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`proper proof of such service must be made before the submission will be considered
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`by the Board. Accordingly, all submissions filed in this proceeding must be
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`accompanied by a statement, signed by the attorney or other authorized
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`representative, attached to or appearing on the original submission when filed,
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`clearly stating the date and manner in which service was made, the name of each
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`party or person upon whom service was made, and the email address or address. See
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`TBMP § 113.03. Service must be made by email unless otherwise stipulated, or unless
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`the filing party has satisfied the requirements for another method of service as set
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`forth in Trademark Rule 2.119(b). The statement will be accepted as prima facie proof
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`of service, must be signed and dated, and should take the form of a Certificate of
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`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 counsel or party) by
`forwarding said copy on (insert date of mailing), via email (or insert other
`appropriate method of delivery) to: (set out name, address, and email address
`of opposing counsel or party).
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`Opposition No. 91229805
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`Signature______________________________
`Date___________________________________
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`Submissions in Board proceedings must be made via ESTTA, the Electronic
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`System for Trademark Trials and Appeals, and must be in compliance with
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`Trademark Rules 2.126(a) and (b). See TBMP § 110.01. The ESTTA user manual,
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`ESTTA forms, and instructions for their use are at http://estta.uspto.gov/.
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`It is recommended that any pro se party be familiar with the latest edition of
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`Chapter 37 of the Code of Federal Regulations, which includes the Trademark Rules
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`of Practice. Parties should also be familiar with the Trademark Trial and Appeal
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`Board Manual of Procedure (TBMP), available at http://www.uspto.gov/trademarks-
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`application-process/trademark-trial-and-appeal-board-ttab, the TTABVUE system
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`for
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`viewing
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`the
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`record
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`for
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`all Board
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`proceedings,
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`available
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`at
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`http://ttabvue.uspto.gov/ttabvue/, and the Standard Protective Order, available at
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`https://www.uspto.gov/trademarks-application-process/appealing-trademark-
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`decisions/standard-documents-and-guidelines-0.
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`Strict compliance with the Trademark Rules of Practice, and where applicable the
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`Federal Rules of Civil Procedure, is required of all parties, whether or not they are
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`represented by counsel. McDermott v. San Francisco Women’s Motorcycle Contingent,
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`81 USPQ2d 1212, n.2 (TTAB 2006), aff’d unpub’d, 240 Fed. Appx.865 (Fed. Cir. 2007),
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`cert. denied, 552 U.S. 1109 (2008).
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`4
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