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In re Mano & Mano Pty Ltd

Docket 87495623, Trademark Trial and Appeal Board (June 15, 2020)
Case TypeExparte Appeal
TagsExparte Appeal, Appeal
MarksQUINN'S
Applicant Mano & Mano Pty Ltd
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No. 2 - Appeal Acknowledged; Case Remanded

Document In re Mano & Mano Pty Ltd, 87495623, No. 2 (T.T.A.B. Jun. 15, 2020)
The Trademark Rules of Practice provide that the brief of the applicant must be filed within sixty days after the date of the appeal.
Applicant must also indicate, not later than ten days after the due date for applicant's reply brief, if an oral hearing is desired.
Briefs must meet each of the requirements prescribed in Trademark Rule 2.126, which states that submissions must be made to the Board via ESTTA.
ESTTA forms for electronic filings are available at http://estta.uspto.gov.
Board proceeding files can be viewed using TTABVUE at http://ttabvue.uspto.gov.
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No. 6 - Appeal Brief

Document In re Mano & Mano Pty Ltd, 87495623, No. 6 (T.T.A.B. Aug. 12, 2020)
... 12, 2019; FIRST USE ANYWHERE and IN COMMERCE: November 19, 2018; Application Date: November 16, 2017. o A search of the mark QUINN’S using the Trademark Electronic Search System (TESS), shows 93 records found, none ...
13 CONCLUSION For the reasons stated above, none of grounds maintained in the office actions issued by the examining attorney warrant a refusal to register the applied for trademark.
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No. 4 - Appeal Brief

Document In re Mano & Mano Pty Ltd, 87495623, No. 4 (T.T.A.B. Aug. 12, 2020)
... 12, 2019; FIRST USE ANYWHERE and IN COMMERCE: November 19, 2018; Application Date: November 16, 2017. o A search of the mark QUINN’S using the Trademark Electronic Search System (TESS), shows 93 records found, none ...
13 CONCLUSION For the reasons stated above, none of grounds maintained in the office actions issued by the examining attorney warrant a refusal to register the applied for trademark.
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No. 1 - Appeal to Board

Document In re Mano & Mano Pty Ltd, 87495623, No. 1 (T.T.A.B. Jun. 15, 2020)
Trademark Trial and Appeal Board Electronic Filing System.
Application Serial No. 87495623 Applicant Mano & Mano Pty Ltd Notice of Appeal Notice is hereby given that Mano & Mano Pty Ltd appeals to the Trademark Trial and Appeal Board the refus- al to register the mark depicted in Application Serial No. 87495623.
The refusal to register has been appealed as to the following class of goods/services: - Class 003.
First Use: 2016/08/00 First Use In Commerce: 2016/08/00 All goods and services in the class are appealed, namely: Toning lotion, for the face, body and hands; Non-medicated mouth wash and rinse Respectfully submitted, /Tedd S. Levine/ 06/15/2020 Tedd Levine
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No. 11 - Jurisdiction Restored/Remanded to Examiner

Document In re Mano & Mano Pty Ltd, 87495623, No. 11 (T.T.A.B. Sep. 29, 2020)
By the Trademark Trial and Appeal Board: On September 18, 2020, the Trademark Examining Attorney submitted a request for remand.
In view of the reasons given therein, the request for remand is granted.
Action on the appeal is suspended, and the file is remanded to the Examining Attorney.
If another final refusal ultimately issues, the “six-month response” clause should be crossed out, and the file of this case should be returned to the Board .
Action on the appeal will then be resumed; and applicant will be allowed time in which to file a supplemental brief, if it so desires.
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No. 10 - Examiner's Request for Remand

Document In re Mano & Mano Pty Ltd, 87495623, No. 10 (T.T.A.B. Sep. 21, 2020)
The examining attorney refused registration pursuant to Section 2(d) of the Trademark Act for a likelihood of confusion with the mark in U.S.
Registration No. 5676297 and pursuant to Section 2(e)(4) of the Trademark Act for the mark being primarily merely a surname.
Further, the undersigned examining attorney notes the existence of an ongoing legal proceeding involving the applied-for mark.
Because the outcome of Cancellation No. 92074479 could directly affect whether Applicant’s mark can register, the undersigned examining attorney intends to suspend
action on this application until this proceeding concludes, upon resolution of the questions concerning the Section 2(f) claim.
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No. 9 - Appeal Forwarded to Examiner for Brief

Document In re Mano & Mano Pty Ltd, 87495623, No. 9 (T.T.A.B. Aug. 20, 2020)
Trademark Trial and Appeal Board P.O.
Mailed: August 20, 2020 In re Mano & Mano Pty Ltd Serial No. 87495623 Filed: 6/19/2017
Applicant's brief filed August 12, 20201 is noted and the electronic record of the application file is forwarded herewith to the Trademark Examining Attorney for a brief in accordance with Trademark Rule 2.142(b).
A request for an oral hearing, if desired, is due not later than ten days after the due date for Applicant's reply brief.
1 Applicant has filed what appears to be duplicate appeal briefs, the latter one with exhibits, TTABVUE 4 and 6, along with attorney declaration and exhibits, TTABVUE 5 and 7, and further attorney declaration and exhibits, (filed August 13, 2020), TTABVUE 8.
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