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ARTICLE · 11 SEPTEMBER 2015

TTAB States Documents Filed On Same Day Are Filed At Same Time

McDermott Will & Emery
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A trademark applicant expressly abandoned its application through the U.S. Patent and Trademark Office's TEAS electronic filing system on the same day the application was opposed...

United StatesIntellectual Property
Elisabeth Morgan
Elisabeth Morgan
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3PMC, LLC v. Huggins

In a precedential decision, the Trademark Trial and Appeal Board stated that it "shall not take cognizance of fractions of a day" and ruled that documents filed on the same day are assumed to be filed at the same time. 3PMC, LLC v. Huggins, Case No. 91219982 (TTAB, July 24, 2015) (Richey, ALJ.).

A trademark applicant expressly abandoned its application through the U.S. Patent and Trademark Office's TEAS electronic filing system on the same day the application was opposed through the Trademark Trial and Appeal Board's TTABVUE electronic system. Even though the applicant pointed to timestamps of the parties' respective filings to argue that the express abandonment preceded the opposition filing, the Board nevertheless reasoned that "with multiple electronic filing systems that operate and update differently, it is not always possible to establish temporal sequence with certainty." The Board also acknowledged that computer systems and networks

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