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In re Deichmann SE

Docket 79262318, Trademark Trial and Appeal Board (Oct. 12, 2020)
Case TypeExparte Appeal
TagsExparte Appeal, Appeal
MarksBENCH.TEX
Applicant Deichmann SE
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No. 2 - Appeal Acknowledged; Case Remanded

Document In re Deichmann SE, 79262318, No. 2 (T.T.A.B. Oct. 12, 2020)
Applicant should notify the Board immediately if it has not filed a timely request for reconsideration and does not intend to do so.
TEAS, using the Response to Office Action form.1 In view of the filing of the request for reconsideration/amendment, the appeal is hereby instituted, but action on the appeal is suspended and the application is remanded to the examining attorney to consider the request for reconsideration/amendment.
In the event the refusal of registration is maintained, and assuming that the request for reconsideration/amendment does not raise a new issue, the application will be returned to the Board, proceedings in the appeal will be resumed, and applicant will be allowed time in which to file an appeal brief.
An Amendment to Allege Use will be treated in the same manner as any amendment; if registrability is found on the basis of the AAU, the appeal will be moot; if the AAU raises a new issue, the examining attorney may not make a refusal final until applicant has been given an opportunity to respond.
The examining attorney should forward the application to the ITU/Divisional Unit of the Office to act on the request to divide.
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No. 1 - Appeal to Board

Document In re Deichmann SE, 79262318, No. 1 (T.T.A.B. Oct. 12, 2020)
Trademark Trial and Appeal Board Electronic Filing System.
Application Serial No. 79262318 Applicant Deichmann SE Notice of Appeal Notice is hereby given that Deichmann SE appeals to the Trademark Trial and Appeal Board the refusal to register the mark depicted in Application Serial No. 79262318.
Applicant has filed a request for reconsideration of the refusal to register, and requests suspension of the ap- peal pending consideration of the request by the Examining Attorney.
The refusal to register has been appealed as to the following class of goods/services: - Class 025.
First Use: 0 First Use In Commerce: 0 All goods and services in the class are appealed, namely: Footwear Respectfully submitted, /Catherine Mitros/ 10/12/2020
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