Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.

gov
ESTTA Tracking number: ESTTA268457
Filing date: 02/24/2009
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

Petition for Cancellation

Notice is hereby given that the following party requests to cancel indicated registration.

Petitioner Information
Name Allstar Marketing Group, LLC
Entity Limited Liability Company Citizenship New York
Address 4 Skyline Drive
Hawthorne, NY 10532
UNITED STATES

Attorney Brendan P. McFeely

information KANE KESSLER, P.C.
1350 AVENUE OF THE AMERICAS 26TH FLOOR
NEW YORK, NY 10019
UNITED STATES
bmcfeely@kanekessler.com Phone:212-541-6222

Registration Subject to Cancellation

Registration No 2351180 Registration date 05/23/2000
Registrant Alpha Mills Corporation
122 Margaretta Street
Schuylkill Haven, PA 17972
UNITED STATES

Goods/Services Subject to Cancellation

Class 025. First Use: 1958/05/20 First Use In Commerce: 1988/02/12
All goods and services in the class are cancelled, namely: Apparel for Ladies and Girls, Namely,
Knitted Underwear, Vests, Camisoles, Long and Short Sleeved Tops, Ankle Pant, Above-Knee Pant,
and Below-Knee Pant

Grounds for Cancellation

Torres v. Cantine Torresella S.r.l.Fraud 808 F.2d 46, 1 USPQ2d 1483 (Fed. Cir. 1986)
Genericness Trademark Act section 23
Abandonment Trademark Act section 14

Attachments SNUGGIES cancellation petition.pdf ( 6 pages )(202795 bytes )

Certificate of Service
The undersigned hereby certifies that a copy of this paper has been served upon all parties, at their address
record by Overnight Courier on this date.
Signature /brendan p mcfeely/
Name Brendan P. McFeely
Date 02/24/2009
 UNITED STATES PATENT AND TRADEMARK OFFICE
Trademark Trial and Appeal Board
P.O. Box 1451
Alexandria, VA 22313-1451

vb
Mailed: May 5, 2009

Cancellation No. 92050585

Allstar Marketing Group, LLC

v.

Alpha Mills Corporation

Jennifer Krisp, Interlocutory Attorney:

On April 20, 2009, the Board issued notice of default

because no answer had been filed.

Registrant’s answer to the petition to cancel, filed

April 27, 2009 is noted. Registrant states in its response

to the Board’s order the failure to timely file its answer

was inadvertent.

If a registrant who has failed to file a timely answer

to the complaint responds to a notice of default by filing a

satisfactory showing of good cause why default judgment

should not be entered against it, the Board will set aside

the notice of default. See Fed. R. Civ. P. 55(c); and TBMP

312.02 (2d ed. rev. 2004).

The Board finds that registrant’s failure to file a

timely answer was not the result of willful inattention or

bad faith. Moreover, petitioner is not prejudiced by

Cancellation No. 92050585

registrant’s late filing. See Fred Hayman Beverly Hills,

Inc. v. Jacques Bernier, Inc., 21 USPQ2d 1556, 1557 (TTAB

1991). Because the Board favors deciding cases on their

merits, the Board is reluctant to enter default judgments.

See Paolo's Associates Limited Partnership v. Paolo Bodo, 21

USPQ2d 1899, 1902 (Comm'r 1990).

Accordingly, the notice of default is set aside.

Registrant’s answer to the petition to cancel filed April

27, 2009 is accepted and is of record.

Conferencing, disclosure, discovery and trial dates

are hereby reset as follows:

Deadline for Discovery

Conference 6/3/2009
Discovery Opens 6/3/2009
Initial Disclosures Due 7/3/2009
Expert Disclosures Due 10/31/2009
Discovery Closes 11/30/2009
Plaintiff's Pretrial
Disclosures 1/14/2010
Plaintiff's 30-day Trial Period
Ends 2/28/2010
Defendant's Pretrial
Disclosures 3/15/2010
Defendant's 30-day Trial Period
Ends 4/29/2010
Plaintiff's Rebuttal
Disclosures 5/14/2010
Plaintiff's 15-day Rebuttal
Period Ends 6/13/2010

In each instance, a copy of the transcript of testimony

together with copies of documentary exhibits, must be served

on the adverse party within thirty days after completion of

the taking of testimony. Trademark Rule 2.l25.

2
Cancellation No. 92050585

Briefs shall be filed in accordance with Trademark

Rules 2.128(a) and (b). An oral hearing will be set only

upon request filed as provided by Trademark Rule 2.l29.

**

NEWS FROM THE TTAB:

The USPTO published a notice of final rulemaking in the

Federal Register on August 1, 2007, at 72 F.R. 42242. By
this notice, various rules governing Trademark Trial and
Appeal Board inter partes proceedings are amended. Certain
amendments have an effective date of August 31, 2007, while
most have an effective date of November 1, 2007. For
further information, the parties are referred to a reprint
of the final rule and a chart summarizing the affected
rules, their changes, and effective dates, both viewable on
the USPTO website via these web addresses:
http://www.uspto.gov/web/offices/com/sol/notices/72fr42242.pdf
http://www.uspto.gov/web/offices/com/sol/notices/72fr42242_FinalR
uleChart.pdf

By one rule change effective August 31, 2007, the Board's

standard protective order is made applicable to all TTAB
inter partes cases, whether already pending or commenced on
or after that date. However, as explained in the final rule
and chart, this change will not affect any case in which any
protective order has already been approved or imposed by the
Board. Further, as explained in the final rule, parties are
free to agree to a substitute protective order or to
supplement or amend the standard order even after August 31,
2007, subject to Board approval. The standard protective
order can be viewed using the following web address:
http://www.uspto.gov/web/offices/dcom/ttab/tbmp/stndagmnt.htm