Tuesday, February 22, 2005

TTAB Vacates "E-LAMP" Decision To Allow Oral Argument

The Board has vacated its decision in In re Advanced Lighting Technologies, Inc., Serial No. 76422584 (November 15, 2005) [not citable]. The TTABlog discussed that decision here.

In an Order dated January 13, 2005, the Board acknowledged that Applicant had requested oral argument, but the request was never associated with the file. The Board granted Applicant's motion to vacate, and will schedule an oral hearing in due course.

The attorney for Applicant is in an interesting position: he already knows exactly what the Board is thinking, but he has also failed to persuade the Board in his brief on appeal. Clarence Darrow, where are you?

TTABlog Update: On April 21, 2005, after hearing oral argument, the Board reversed the refusal to register, as discussed here.

Text ©John L. Welch 2005. All Rights Reserved.


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