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`UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`General Contact Number: 571-272-8500
`General Email: TTABInfo@uspto.gov
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`March 13, 2020
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`Opposition No. 91253032
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`Gap (Apparel), LLC
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`v.
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`
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`Victoria von Vistauxx, Paralegal Specialist:
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`Shanghai Oupei Auto Parts Co., Ltd.
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`On February 27, 2020, Applicant's attorneys filed a request to withdraw as
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`Applicant's counsel of record in this proceeding.1 The request to withdraw as counsel
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`is in compliance with the requirements of Trademark Rules 2.19(b) and Patent and
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`Trademark Rule 11.116, and is accordingly granted. Felipe Rubio and Rubio &
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`Associates no longer represent Applicant in this proceeding.
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`In view of the withdrawal of Applicant's counsel, and in accordance with standard
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`Board practice, proceedings are SUSPENDED, and Applicant is allowed until thirty
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`days from the date of this order to appoint new counsel, or to file a paper stating
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`that Applicant chooses to represent itself. If Applicant files no response, the Board
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`may issue an order to show cause why default judgment should not be entered against
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`Applicant based on Applicant's apparent loss of interest in the proceeding.
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`1 A copy of the request to withdraw is placed in the application involved in this proceeding.
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`Opposition No. 91253032
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`Proceedings are otherwise SUSPENDED pending response to this order.
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`The parties will be notified by the Board when proceedings are resumed, and dates
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`will be reset, as appropriate.
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`Information regarding legal representation
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`While Patent and Trademark Rule 11.14 permits any person to represent itself, it
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`is strongly advisable for a person who is not acquainted with the technicalities of the
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`procedural and substantive law involved in inter partes proceedings before the Board
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`to secure the services of an attorney who is familiar with such matters. The Patent
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`and Trademark Office cannot aid in the selection of an attorney. See TBMP § 114.02.
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`Trademark Rules 2.119(a) and (b) require that every submission filed in a
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`proceeding before the Board must be served upon the other party or parties, and
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`proper proof of such service must be made before the submission will be considered
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`by the Board. Accordingly, all submissions filed in this proceeding must be
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`accompanied by a statement, signed by the attorney or other authorized
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`representative, attached to or appearing on the original submission when filed,
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`clearly stating the date and manner in which service was made, the name of each
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`party or person upon whom service was made, and the email address or address. See
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`TBMP § 113.03. Service must be made by email unless otherwise stipulated, or unless
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`the filing party has satisfied the requirements for another method of service as set
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`forth in Trademark Rule 2.119(b). The statement will be accepted as prima facie proof
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`of service, must be signed and dated, and should take the form of a Certificate of
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`Service as follows:
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`2
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`
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`Opposition No. 91253032
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`I hereby certify that a true and complete copy of the foregoing (insert title of
`submission) has been served on (insert name of opposing counsel or party) by
`forwarding said copy on (insert date of mailing), via email (or insert other
`appropriate method of delivery) to: (set out name, address, and email address
`of opposing counsel or party).
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`Signature______________________________
`Date___________________________________
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`Submissions in Board proceedings must be made via ESTTA, the Electronic
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`System for Trademark Trials and Appeals, and must be in compliance with
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`Trademark Rules 2.126(a) and (b). See TBMP § 110.01. The ESTTA user manual,
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`ESTTA forms, and instructions for their use are at http://estta.uspto.gov/.
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`It is recommended that any pro se party be familiar with the latest edition of
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`Chapter 37 of the Code of Federal Regulations, which includes the Trademark Rules
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`of Practice. Parties should also be familiar with the Trademark Trial and Appeal
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`Board Manual of Procedure (TBMP), available at http://www.uspto.gov/ttab, the
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`TTABVUE system for viewing the record for all Board proceedings, available at
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`http://ttabvue.uspto.gov/ttabvue/, and the Standard Protective Order, available at
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`https://www.uspto.gov/trademarks-application-process/appealing-trademark-
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`decisions/standard-documents-and-guidelines-0.
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`Strict compliance with the Trademark Rules of Practice, and where applicable the
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`Federal Rules of Civil Procedure, is required of all parties, whether or not they are
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`represented by counsel. McDermott v. San Francisco Women’s Motorcycle Contingent,
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`81 USPQ2d 1212, n.2 (TTAB 2006), aff’d unpub’d, 240 Fed. Appx.865 (Fed. Cir. 2007),
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`cert. denied, 552 U.S. 1109 (2008).
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`A copy of this order has been sent to all persons listed below.
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`3
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`
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`Opposition No. 91253032
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`cc:
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`JAMES D WEINBERGER
`FROSS ZELNICK LEHRMAN & ZISSU PC
`151 WEST 42ND ST 17TH FL
`NEW YORK NY 10036
`UNITED STATES
`
`SHANGHAI OUPEI AUTO PARTS CO LTD
`C/O ZAN IP
`AMANDA CHEN (MS)
`UNIT 230 2F BLDG 12W
`NO 12, SCIENCE PARK WEST AVE PHASE 3
`HONG KONG SCIENCE PARK PAK SHEK KOK
`NEW TERRITORIES
`HONG KONG
`
`FELIPE RUBIO
`RUBIO & ASSOCIATES
`8950 SW 74 CT STE 1804
`MIAMI FL 33156
`UNITED STATES
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`4
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