Precedential No. 2: TTAB Again Lets Party Off The Hook Based On January 2017 Rule Changes

On June 29, 2017, the day its pretrial disclosures were due, Opposer Kid-Systeme filed a motion to reopen its time to file a motion for summary judgment. Trademark Rule 2.127(e)(1), as amended in January 2017, provides that a summary judgment motion must be filed "prior to the deadline for pretrial disclosures, as originally set or reset." The Board noted that "prior to" means the day before the deadline. Opposer missed the deadline. Would the Board reopen? Not to worry! Because opposer's motion was filed during the period of transition to the amended Rules, and because the Board clarified Rule 2.127(e)(1) in a July 21, 2017 notice issued after opposer's filing, the Board chose to consider the summary judgment motion and to treat the motion to reopen as moot. http://ttabvue.uspto.gov/ttabvue/ttabvue-91229946-OPP-13.pdfKID-Systeme GmbH v. Türk Hava Yollari Teknik Anonim Sirket, Opposition No. 91229946 (January 12, 2018) [precedential].