Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA1138779
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`Filing date:
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`06/08/2021
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding
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`91268979
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`Party
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`Correspondence
`Address
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`Plaintiff
`ASTORIAN ENTERPRISES INC.
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`IOANA SALAJANU
`LAW OFFICES OF IOANA SALAJANU
`7620 KILDARE AVENUE
`SKOKIE, IL 60076
`UNITED STATES
`Primary Email: SALAJANUI@YAHOO.COM
`Secondary Email(s): SEDEIDU@YAHOO.COM
`17738755438
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`Submission
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`Filer's Name
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`Filer's email
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`Signature
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`Date
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`Motion for Default Judgment
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`IOANA SALAJANU
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`SALAJANUI@YAHOO.COM
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`/s/ IOANA SALAJANU
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`06/08/2021
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`Attachments
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`motion for default judgment astorian.pdf(101129 bytes )
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AN APPEAL BOARD
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`In re Application No. 90267145
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`Published April 27, 2021
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`ASTORIAN ENTERPRISES, INC.
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` A Canadian Corporation
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`Opposer,
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`v.
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`ROWLEY SMITH,
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` An Australian Individual
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`Applicant
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`Opposition no. 91268979
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`MOTION FOR ENTRY OF DEFAULT JUDGMENT
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` ASTORIAN ENTERPRISES, INC. a corporation organized and existing under the laws of
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`Canada, moves the Board pursuant to 37 C.F.R. §2.114(a) for entry of default judgment on the grounds
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`that Applicant, Rowley Smith, has failed to file an answer within the time set by the Board. In support of
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`its Motion, Opposer states:
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`1. On APRIL 27, 2021, Opposer filed a Notice of Opposition to Application No. 90267145 for the
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`mark EMPLOYED PROFESSORS.
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`2. The Opposition was filed on the basis of likelihood of confusion with Opposer's EMPLOYED
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`PROFESSORS mark that was used prior to the date of filing of Applicant.
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`1
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`3. On April 27, 2021, the Board served the Notice of Opposition on Applicant and his counsel, and
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`set June 6, 2021, as the deadline for Applicant to file an answer to the Notice of Opposition.
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`4. As of the date of this Motion for Entry of Default Judgment, or June 8, 2021, Applicant has
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`neither filed an answer to the Notice of Opposition nor requested an extension of time to file such
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`an answer.
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`5. "[T]he standard for determining whether a default judgment should be entered against the
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`defendant, for its failure to file a timely answer to the complaint, is the Fed. R. Civ. P. 55(c)
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`standard, which requires that the defendant show good cause why default judgment should not be
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`entered against it." TTAB Manual of Procedure § 508.
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`6. Because Applicant has failed to file an answer to the Notice of Opposition within the time
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`permitted, default judgment should be granted to Opposer and an order issued sustaining the
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`opposition and rejecting Application No. 90267145.
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` WHEREFORE, Opposer, Astorian Enterprises, Inc. respectfully requests that its Motion
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`for Entry of Default Judgment be granted and relief sought in the Notice of Opposition, that
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`registration is refused, be granted.
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`Respectfully submitted,
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`_________________
`Attorney for Opposer
`IOANA SALAJANU
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`IOANA SALAJANU
`7620 KILDARE
`SKOKIE, IL 60076
`TEL: 773.875.5438
`EMAIL: SALAJANUI@YAHOO.COM
`ARDC NO.: 6272981
`June 8, 2021
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` CERTIFICATE OF SERVICE
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`I hereby certify that a true copy of the foregoing MOTION FOR DEFAULT was served by email and first
`class mail, postage prepaid this 8th day of June 2021 upon the following:
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`Mr. Jeremy Peter Green
`JPG Legal
`68 Jay Street, Suite 612
`Brooklyn, New York 11201
`docket@jpglegal.com
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`Mr. Rowley Smith,
`29A & 29B Tiverton Drive,
`Mulgrave, Victoria,
`Australia 3170
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`IOANA SALAJANU
`7620 KILDARE
`SKOKIE, IL 60076
`TEL: 773.875.5438
`EMAIL: SALAJANUI@YAHOO.COM
`ARDC NO.: 6272981
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`_________________
`Attorney for Opposer
` IOANA SALAJANU
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`3
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