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`RED/DMD
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`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
`
`July 14, 2021
`
`Opposition No. 91268979
`
`ASTORIAN ENTERPRISES INC.
`
`v.
`
`Smith, Rowley
`
`
`
`By the Trademark Trial and Appeal Board:
`
`An answer to the notice of opposition was due on June 6, 2021. The record shows
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`that an answer has not been filed.
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`This case now comes up for consideration of Opposer's motion, filed June 8, 2021,
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`for default judgment against Applicant for failure to file an answer. The motion is
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`uncontested.1
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`Inasmuch as Applicant failed to file an answer in this case, and failed to file a
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`response to Opposer's motion, the motion for default judgment is granted. See
`
`Trademark Rule 2.127(a).
`
`
`1 If an Applicant fails to file an answer to a complaint during the time allowed therefor, the
`Board, on its own initiative, may issue a notice of default allowing the Applicant time to show
`cause why default judgment should not be entered against it. The issue of whether default
`judgment should be entered against an Applicant for failure to file a timely answer may also
`be raised by means of a motion filed by the Opposer. In such cases, the motion may serve as
`a substitute for the Board's issuance of a notice of default. See TBMP § 312.01.
`
`
`
`

`

`Opposition No. 91268979
`
`
`Accordingly, judgment is hereby entered against Applicant, the notice of
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`opposition is sustained, and registration to Applicant is refused. See Fed. R. Civ. P.
`
`55(b) and Trademark Rule 2.127(a).
`
`
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`2
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`

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