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`UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`TTAB Assistance Center: 571-272-8500
`General Email: TTABInfo@uspto.gov
`
`September 25, 2021
`
`Cancellation No. 92077031
`
`GROWMARK, Inc.
`
`v.
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`Flood Search LLC
`
`
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`By the Trademark Trial and Appeal Board:
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`Respondent’s voluntary surrender (filed September 17, 2021) does not include
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`proof of service. Trademark Rule 2.119(a) states that every submission filed in an
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`inter partes proceeding must be served upon the other party or parties, and proof of
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`such service must be made before the submission will be considered. See TBMP §
`
`113.02. The Board may decline to read or consider any future submission filed by
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`Respondent in this proceeding which does not include proof of service. The Board
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`informed the parties of the rules governing service and the service requirement in the
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`notice of institution. Trademark Rule 2.119(b) sets forth the manner of service. See
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`also TBMP § 113.04.
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`
`
`
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`Cancellation No. 92077031
`
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`Respondent is allowed twenty days to serve a copy of its filing on Petitioner and
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`to re-file its motion including a proper certificate of service,1 failing which this motion
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`will processed as not having Petitioner’s written consent.
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`Proceedings are suspended pending Respondent’s response to this order.
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`1 It is noted that Respondent’s filing intends to dispose of this proceeding. As the filing fails
`to include a certificate of service, the Board is unclear as to whether the Petitioner has
`received a copy of this motion, even though Respondent has included an “electronic signature”
`for Petitioner.
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`2
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