`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
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`MAILED: March 20, 2014
`____________________________________________________
`IN RE:
`Panasonic Corporation
`____________________________________________________
`SERIAL NO. 79122414
`____________________________________________________
`APPEAL RECEIVED: 03/20/2014
`____________________________________________________
`BRIEF DUE: n/a
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`Nancy Dwyer Chapman
`Lackenbach Siegel LLP
`1 Chase Rd.Lackenbach Siegel Bldg.
`Scarsdale NY 10583-4156
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`ESTTA593767
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`The appeal and appeal fee in the above-entitled
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`application were received on the date indicated above.
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`Applicant has checked the request for reconsideration box
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`on the ESTTA form, thereby indicating that it has filed or
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`is filing today a request for reconsideration of the final
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`refusal to register. Applicant should notify the Board
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`immediately if it has not filed a timely request for
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`reconsideration and does not intend to do so.
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`A request for reconsideration, which may or may not
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`include an amendment, must be filed with the Trademark
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`Examining Operation, and may be filed via TEAS, using the
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`Response to Office Action form.1
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`In view of the filing of the request for
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`reconsideration/amendment, the appeal is hereby instituted,
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`but action on the appeal is suspended and the application
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`is remanded to the examining attorney to consider the
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`request for reconsideration/amendment.
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`If registrability is found on the basis of the request
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`for reconsideration/amendment, the appeal will be moot. In
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`the event the refusal of registration is maintained, and
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`assuming that the request for reconsideration/amendment
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`does not raise a new issue, the application will be
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`returned to the Board, proceedings in the appeal will be
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`resumed, and applicant will be allowed time in which to
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`file an appeal brief. If the request for
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`reconsideration/amendment raises a new issue, the examining
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`attorney may not issue a final refusal until the applicant
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`has been given an opportunity to respond. Upon issuance of
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`a final refusal, proceedings in the appeal will be resumed,
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`and applicant will be allowed time in which to file an
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`appeal brief. An Amendment to Allege Use will be treated
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`in the same manner as any amendment; if registrability is
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`1 (To maintain their status, TEAS Plus applicants must use TEAS
`for filing a request for reconsideration.)
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`2
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`found on the basis of the AAU, the appeal will be moot; if
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`the AAU raises a new issue, the examining attorney may not
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`make a refusal final until applicant has been given an
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`opportunity to respond.
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`Request to Divide
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`If, in addition to filing a notice of appeal and
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`request for reconsideration/amendment, applicant has also
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`filed a request to divide the application, the appeal is
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`instituted, proceedings are suspended, and the application
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`is remanded to the examining attorney. The examining
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`attorney should forward the application to the
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`ITU/Divisional Unit of the Office to act on the request to
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`divide. After the request to divide is processed, the
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`examining attorney should consider the request for
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`reconsideration/amendment. If registrability is found on
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`the basis of the request for reconsideration/amendment, the
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`appeal will be moot. If the refusal of registration is
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`maintained,2 the divided file containing classes for which
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`an appeal has been filed should be returned to the Board,
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`and the Board will then resume proceedings in the appeal
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`and allow applicant time to file an appeal brief. The file
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`for which no appeal has been taken should be treated by the
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`examining attorney in the same manner as any request for
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`reconsideration/amendment where there has been no appeal.
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`2 If the request for reconsideration/amendment raises a new
`issue, a final Office action may not issue until the applicant
`has had an opportunity to respond).
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`4