By Lykos, Administrative Trademark Judge: Applicant has appealed the Trademark Examining Attorney’s final refusal to register the mark PETMIX for “pet food” in International Class 31 on the Principal Register pursuant to Section 2(e)(1) of the Trademark Act, 15 U.S.C. § 1052(e)(1), on the ground that it is merely descriptive of the identified goods, or alternatively, that Applicant’s mark is merely descriptive but that Applicant has failed to present sufficient evidence to show acquired distinctiveness under Section 2(f) of the

If an applicant has missed that opportunity, then the next preferred alternative is to file a separately captioned request for remand and suspension of proceedings with the Board, ideally prior to the deadline for filing an appeal brief, so that the Board can make a prompt ruling on the request and the examining attorney does not have to draft a potentially unnecessary appeal brief.

A case that has been considered and decided on appeal by the Board may be reopened only as provided in Trademark Rule 2.142(g), 37 C.F.R. § 2.142(g).

Embedded amendments in an appeal brief are not prohibited but they are discouraged because they may be inadvertently overlooked by the Board before the Examining Attorney files his or her brief; if noticed, they may needlessly delay the proceeding.

In the event the amendment in the alternative to the Supplemental Register is accepted, the Examining Attorney shall return the application to the Board for consideration of the issues on appeal.

Trademark Trial and Appeal Board P.O.

The request to extend time to oppose is granted until 10/14/2020 on behalf of potential opposer Sunterra Support Services, LLC.

As such, the registrant is entitled to all depictions of a standard character mark regardless of the font style, size, or color.

Because of this broad protection, registrant’s mark may appear in commerce with the “SENSIO” portion as more dominant than the “X” prefix.

The specimens for XSPEED, XSOLAR, and XSTIM ENABLED demonstrate that the “X” portion appears as more of a design element.

The word “SENSE” appears in a different font and is emphasized since it is repeated in the additional language “worksense,” “playsense,” and “restsense” on the product packaging.

Accordingly, the following requirement(s) and/or refusal(s) made final in the Office action dated 11/27/19 are maintained and continued:

An answer filed on paper under these limited circumstances must be accompanied by a Petition to the Director (and the required fee under Trademark Rule 2.6).

A request for Board participation must be made either through ESTTA, or by telephone call to the assigned interlocutory attorney named on the TTABVUE record for this pro- ceeding.

During their conference, the parties are to discuss whether they wish to seek media- tion or arbitration, and whether they can stipulate to the Board's Accelerated Case Resolution (ACR) process for a more efficient and cost-effective means of obtaining the Board’s determination of the proceeding.

Regarding the scope and limits of discovery, see TBMP 414; discoverable items may include documents, tangible things, and electronically stored information

Regarding the procedures and deadlines for pretrial disclosures and trial, and spe- cifically the noticing, taking, serving and submitting of evidence and testimony, see Trademark Rules 2.120(k), 2.121, 2.122, 2.123 and 2.125, as well as TBMP Chapter 700.

Trademark Trial and Appeal Board P.O.

The request to extend time to oppose is granted until 7/29/2020 on behalf of potential opposer Grease Monkey International, LLC.

An answer filed on paper under these limited circumstances must be accompanied by a Petition to the Director (and the required fee under Trademark Rule 2.6).

A request for Board participation must be made either through ESTTA, or by telephone call to the assigned interlocutory attorney named on the TTABVUE record for this pro- ceeding.

During their conference, the parties are to discuss whether they wish to seek media- tion or arbitration, and whether they can stipulate to the Board's Accelerated Case Resolution (ACR) process for a more efficient and cost-effective means of obtaining the Board’s determination of the proceeding.

Regarding the scope and limits of discovery, see TBMP 414; discoverable items may include documents, tangible things, and electronically stored information

Regarding the procedures and deadlines for pretrial disclosures and trial, and spe- cifically the noticing, taking, serving and submitting of evidence and testimony, see Trademark Rules 2.120(k), 2.121, 2.122, 2.123 and 2.125, as well as TBMP Chapter 700.

Trademark Trial and Appeal Board P.O.

The request to extend time to oppose is granted until 4/25/2020 on behalf of potential opposer Pablosky S.L..

Trademark Trial and Appeal Board P.O.

By the Trademark Trial and Appeal Board: Xiang Qinping On February 4, 2020, the Board issued a notice of default to Applicant because no answer had been filed.

No response to the notice of default has been filed.

Accordingly, judgment by default is hereby entered against Applicant, the opposition is sustained, and registration to Applicant is refused.