`
`
`
`GEHRING
`
`
`
`
`
`
`
`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
`General Email: TTABInfo@uspto.gov
`
`August 1, 2019
`
`Opposition No. 91243104
`
`Salt Life, LLC
`
`v.
`
`
`
`Denise M. DelGizzi, Chief Clerk of the Board:
`
`Salt Life Solutions, Inc.
`
`On, July 25, 2019 Applicant's attorney filed a request to withdraw as Applicant's
`
`counsel of record in this proceeding.1 The request to withdraw as counsel is in
`
`compliance with the requirements of Trademark Rules 2.19(b) and Patent and
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`Trademark Rule 11.116, and is accordingly granted. Michael D. Stewart no longer
`
`represents Applicant in this proceeding.
`
`In view of the withdrawal of Applicant's counsel, and in accordance with standard
`
`Board practice, proceedings are suspended, and Applicant is allowed until thirty days
`
`from the date of this order to appoint new counsel, or to file a paper stating that
`
`Applicant chooses to represent itself. If Applicant files no response, the Board may
`
`issue an order to show cause why default judgment should not be entered against
`
`Applicant based on Applicant's apparent loss of interest in the proceeding.
`
`
`1 A copy of the request to withdraw is placed in the application involved in this proceeding.
`
`
`
`

`

`Opposition No. 91243104
`
`
`Proceedings are otherwise suspended pending response to this order.
`
`The parties will be notified by the Board when proceedings are resumed, and dates
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`will be reset, as appropriate.
`
`A copy of this order has been sent to all persons listed below.
`
`cc:
`
`
`
`
`
`Michael D. Stewart, Esq.
`150 SE 2nd Ave, Suite 1000
`Miami, Florida 33131
`United States
`ms@themiamilaw.com
`305-590-8909
`
`Jason A. Pittman
`Dority & Manning, P.A.
`75 Beattie Place, Suite 1100
`Greenville, SC 29601
`United States
`864-271-1592
`
`Salt Life Solutions, INC.
`8409S 160 Avenue
`Omaha, Nebraska 68136
`United States
`saltlifesolutions@gmail.com
`
`
`
`
`Information regarding legal representation
`
`While Patent and Trademark Rule 11.14 permits any person to represent itself, it
`
`is strongly advisable for a person who is not acquainted with the technicalities of the
`
`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.
`
`
`
`2
`
`

`

`Opposition No. 91243104
`
`
`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
`
`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
`
`the filing party has satisfied the requirements for another method of service as set
`
`forth in Trademark Rule 2.119(b). The statement will be accepted as prima facie proof
`
`of service, must be signed and dated, and should take the form of a Certificate of
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`Service as follows:
`
`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).
`
`Signature______________________________
`Date___________________________________
`
`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/.
`
`
`
`3
`
`

`

`Opposition No. 91243104
`
`
`It is recommended that any pro se party be familiar with the latest edition of
`
`Chapter 37 of the Code of Federal Regulations, which includes the Trademark Rules
`
`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/ttab, the
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`TTABVUE system for viewing the record for all Board proceedings, available 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.
`
`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).
`
`
`
`4
`
`

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