`PO. Box 1451
`Alexandria, VA 22313-1451
`www.uspto.gov
`
`Date: December 16, 2015
`
`Charles N. Quinn
`Fox Rothschild LLP
`
`Eagleview Corporate Center
`747 Constitution Dr. Ste 100
`
`Exton, PA 19341
`
`RE: Request to Extend Time to File Petition to the Director
`Opposition Nos. 91215208, 91215212, 91215216,
`91215246, 91215247, and 91215415
`Marks: M and design, Me (stylized)
`
`Dear Mr. Quinn,
`
`This letter acknowledges receipt on May 1, 2015 of your request, filed on behalf
`of Empire Resort, Inc. (“Applicant”), “for an extension of time to petition the
`Director” to review an order dated April 1, 2015 issued by the Trademark Trial
`and Appeal Board (“TTAB”). The request
`is premature and will not be
`considered.
`
`In its April 1, 2015 order, the TTAB granted LVGV, LLC’s “Opposer”) motion
`to consolidate the above identified proceeding and denied Applicant’s motions
`for judgment on the pleadings.
`
`On May 1, 2015, Applicant filed with the Director a request to extend its time
`to file a petition based on “a perceived procedural impropriety in the Board’s
`handling” of the motions addressed in the order. On the same day, Applicant
`filed motions for reconsideration of the TTAB’s April 1, 2015 order directed
`separately to the determination to consolidate and to the determination
`denying Applicant’s motions for judgment on the pleadings.
`
`Any request for reconsideration of an order or decision issued on a motion must
`be filed within one month from the date of the order or decision. Applicant’s
`motions for reconsideration are timely-filed. 37 C.F.R. § 2.127(b); TBMP § 518
`(2015).
`
`Pursuant to 35 U.S.C. §2 and 37 C.F.R. §2.146(a)(3), the Director may invoke
`supervisory authority in appropriate circumstances. The Director will reverse
`
`
`
`an interlocutory order issued by the TTAB in an inter partes proceeding upon a
`showing of clear error or abuse of discretion. Jonergin Co. Inc. v. Jonergin
`Vermont Inc., 222 USPQ 337 (Comm'r Pats. 1983); Riko Enterprises, Inc. v.
`Lindsley, 198 USPQ 480 (Comm'r Pats. 1977). In this case, there has been no
`determination by the TTAB on the motions for reconsideration of the April 1,
`2015 order. Therefore, App]_icant’s May 1, 2015 request to extend its time to file
`a petition to the Director is premature.
`
`resumption of
`The assigned interlocutory attorney will be notified for
`proceedings with respect to Applicant’s motions for reconsideration.
`
`/Cheryl Butlerl
`
`Cheryl Butler
`Senior Counsel
`
`Trademark Trial and Appeal Board
`
`CC:
`
`Hare K Jacobs
`
`Ballard Spahr LLP
`1735 Market St., 51st Fl
`Philadelphia, PA 19103-7599
`
`
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