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`ESTTA1404266
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`Filing date:
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`12/23/2024
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Ex Parte Appeal -
`Serial No.
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`97649511
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`Appellant
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`Banco de Credito del Peru
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`Applied for mark
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`BCP
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`Correspondence
`address
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`Submission
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`Attachments
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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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`CHRISTOPHER D AVILA
`AVILA RODRIGUEZ HERNANDEZ MENA & GARRO LLP
`2525 PONCE DE LEON BLVD, SUITE 1225
`CORAL GABLES, FL 33134
`UNITED STATES
`Primary email: cavila@avilalaw.com
`Secondary email(s): uspto@dockettrak.com, trademarks@avilalaw.com
`786-594-4124
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`To file a main brief - first request
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`Motion for Extension of Time - Ex Parte Appeal Brief.pdf(84527 bytes )
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`William R. Trueba, Jr.
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`wtrueba@avilalaw.com, trademarks@avilalaw.com, uspto@dockettrak.com
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`/William R. Trueba, Jr./
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`12/23/2024
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`TRADEMARK
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`TRADEMARK TRIAL AND APPEAL BOARD
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`In re Banco de Credito del Peru
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`BCP (Design)
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`Class:
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`036
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`TM Serial No.:
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`97649511
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`Proceeding No.:
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`97649511
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`Owner/Appellant:
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`Banco de Credito del Peru
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`Filed:
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`October 26, 2022
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`Examining Atty:
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`Katherine Welch
`(571) 272-5011
`Katherine.Welch@uspto.gov
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`MOTION FOR EXTENSION OF TIME
`TO FILE EX PARTE APPEAL BRIEF
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`Appellant, Banco de Credito del Peru (“Appellant”), by and through its undersigned
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`counsel and pursuant to TBMP §1203.02(d), hereby moves for an extension of thirty (30) days,
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`until January 21, 2025, to file its appeal brief, and in support states:
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`1.
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`Appellant’s ex parte appeal brief is due on or before Sunday, December 22, 2024.
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`Appellant seeks a thirty (30) day extension of time, until January 21, 2025, to file its ex parte
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`appeal brief.
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`2.
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`During the last seven (7) weeks, the undersigned’s workload increased due to
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`several matters, including a patent infringement trial that had been slated to being during the two-
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`1
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`week trial period beginning November 18, 2024. During that time, the undersigned had also
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`engaged with counsel for the owner of the trademark registration cited against the
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`Owner/Appellant to complete negotiation of a co-existence agreement between the parties. The
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`parties completed such negotiations and have now circulated an executable copy of the co-
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`existence agreement. Because of the Christmas, Hanukkah and New Year’s holidays, it has been
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`difficult to get the agreement signed by the persons in authority to sign on behalf of the entities
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`involved. Appellant believes that the co-existence agreement will likely render the refusal moot
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`and respectfully submits that a request for reconsideration in view of the co-existence agreement
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`would benefit Appellant as well as the U.S. Patent & Trademark Office.
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`3.
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`Appellant respectfully asks the Board for an extension of time to submit its appeal
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`brief.
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`4.
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`An extension of time would not prejudice any party, nor the administration of
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`justice in this matter.
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`WHEREFORE, Appellant respectfully requests that the Board grant this motion and extend
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`the deadline for Appellant to file its appeal brief by thirty (30) days, until January 21, 2025.
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`Dated: December 23, 2024
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`Respectfully submitted,
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`By: /William R. Trueba, Jr./
`William R. Trueba, Jr.
`Florida Bar No. 117544
`Darlene Barron
`Florida Bar No. 108873
`Christopher Avila
`Florida Bar No. 92249
`AVILA RODRIGUEZ, HERNANDEZ,
` MENA & GARRO LLP
`2525 Ponce de Leon Blvd., 12th Floor
`Coral Gables, Florida 33134
`Tel: (305) 779-3560
`Attorneys for Appellant
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`2
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