Wednesday, November 23, 2022

USPTO Refuses to Institute Reexamination of Registration, But Allows Petitioner to Re-file

One doesn't hear much about the outcome of reexamination petitions. I came across this denial of a petition involving alleged nonuse of the mark shown below, for pet accessories (Reg. No. 5,795,3480) [pdf here]. The literal portion of the mark reads ""OPPOSITION TO TYRANNY BEGINS WITH CONTEMPT FOR DICTATORS" at the top, and "BUNS WILL CERTAINLY REVEAL THEIR FILLINGS." on the bottom. Petitioner failed to provide evidence that established a "reasonable predicate to support a conclusion that the mark was not in use as of the relevant date on or in connection with the identified goods." [pdf here]

The petition for reexamination was filed by Zhejiang Import & Export Pet Food and Product Industry Association (a Chinese trade association), who has petitioned to cancel the registration (Cancellation No. 92076309) on various grounds. The cancellation proceeding has been suspended pending the outcome of the reexamination petition. After reexamination was denied, Petitioner was allowed to re-file its petition for reexamination with additional evidence, which it did yesterday. The relevant documents regarding the petition for reexamination can be found on TSDR.

Read comments and post your comment here.

TTABlogger comment: The mark allegedly "features a depiction Xi Jin Ping, President of the People’s Republic of China with a popular nickname for Xi Jin Ping: “xi da da” written on the cartoon’s head and cheeks."

Text Copyright John L. Welch 2022.


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