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`ESTTA Tracking number:
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`ESTTA996765
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`Filing date:
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`08/22/2019
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding
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`Applicant
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`87578558
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`Notamvis Limited
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`Applied for Mark
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`THE ACTRESS
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`Correspondence
`Address
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`PETER KUNIN
`DOWNS RACHLIN MARTIN PLLC
`199 MAIN STREET, PO BOX 190
`BURLINGTON, VT 05402-0190
`UNITED STATES
`tmip@drm.com
`802-863-2375
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`Submission
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`Attachments
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`Filer's Name
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`Filer's email
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`Signature
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`Date
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`Applicant's Request to Extend
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`Request for Extension of Appeal Brief.pdf(21594 bytes )
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`Peter Kunin
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`tmip@drm.com
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`/peter kunin/
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`08/22/2019
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Notamvis Limited
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`87/578,558
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`Notamvis Limited
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`In re:
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`Serial No.:
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`Appellant:
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`Application Filed: August 22, 2017
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`Mark:
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`Atty/Docket No:
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`International Class: 03
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`Law Office:
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`Examining Attorney: Jason Malashevich
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`THE ACTRESS
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`10027-273UST1
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`114
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`APPLICANT’S MOTION TO EXTEND
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`APPLICANT’S DEADLINE FOR FILING ITS APPEAL BRIEF
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`Applicant Notamvis Limited (“Applicant”) by and through its counsel, respectfully
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`moves this Board to grant Applicant a further ninety (90) day extension of its deadline for filing
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`its Appeal Brief in the above-referenced Ex Parte Appeal. Applicant filed its Notice of Appeal
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`on December 11, 2018, and subsequently filed two requests for a ninety (90) day extension of its
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`deadline for filing its Appeal Brief. By order dated May 28, 2019, this Board approved
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`Applicant’s latest request for extension. Accordingly, Applicant is required to file its Appeal
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`Brief on August 24, 2019, pursuant to Trademark Rule 2.142 (b)(1). Applicant requests that this
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`deadline be extended for a further ninety (90) days, such that its Appeal Brief would be due on
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`November 22, 2019.
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`Applicant respectfully submits that it has good cause for seeking this further extension.
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`Applicant remains in negotiations with Noevir Co., Ltd., the owner of U.S. Registration
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`No. 4981464, which is the registration that was cited against Applicant’s mark as the basis for
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`the Section 2(d) refusal. This Section 2(d) refusal forms the basis for this Ex Parte Appeal.
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`Since the date that Applicant filed its second request for extension of its deadline to file its
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`Appeal Brief, the parties have made progress towards reaching a consent agreement.
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`Specifically, Applicant believes that the parties have reached agreement in principle
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`regarding the primary terms of a consent agreement. Applicant’s counsel, the undersigned, has
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`sent counsel for Noevir Co., Ltd., a draft Letter of Consent on July 31, 2019. Counsel for Noevir
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`Co., Ltd. emailed the undersigned a preliminary response on August 1, 2019, stating that he
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`would review the Letter of Consent with his client. Applicant is now waiting for Noevir Co.,
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`Ltd.’s comments regarding the draft Letter of Consent. Applicant intends to use this ninety (90)
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`day period to attempt to finalize the terms of the Letter of Consent between Applicant and
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`Noevir Co., Ltd.
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`In conclusion, Applicant respectfully requests that this Motion for a further ninety (90)
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`day extension of Applicant’s deadline for filing its Appeal Brief be granted.
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`Dated at Burlington, Vermont this 22nd day of August, 2019.
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`19466528.1
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`Respectfully submitted,
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`DOWNS RACHLIN MARTIN PLLC
`Attorneys for Notamvis Limited
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`By: __________________________
`Peter B. Kunin
`Downs Rachlin Martin PLLC
`199 Main Street, P.O. Box 190
`Burlington, VT 05402-0190
`Ph.: 802-863-2375
`Fax: 802-862-7512
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` 2
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