Precedential No. 4: Finding Excusable Neglect Based On Attorney's Medical Issues, TTAB Re-Opens Petitioner's Testimony Period

In this brew-ha-ha over the mark COFFEE STUDIO, Respondent Reign LLC moved for dismissal after petitioner failed to submit any evidence or testimony during its testimony period. Petitioner Studio then moved (1) to strike Reign's dismissal motion due to improper service and (2) to re-open its testimony period on the ground that its evidentiary failure was excusable. The Board granted both of petitioner's motions. The Coffee Studio LLC v. Reign LLC dba Coffee Studio, Cancellation No. 92066245 (February 28, 2019) [precedential].

Improper Service Respondent Reign did not serve its motion for dismissal directly on Petitioner Studio, but instead relied on the email notice automatically generated by ESTTA that was sent to petitioner's counsel, with a link to the motion as it appears in TTABVUE. Reign argued that petitioner received actual notice of the motion via the Board's email, as evidenced by petitioner's filing a response to the motion.