Anheuser-Busch, Incorporatedv.Mambo Seafood #1, Inc.

Trademark Trial and Appeal Board

Dec 3, 2008

No. 91160250re (T.T.A.B. Dec. 3, 2008)

Hearing: Mailed: 12/3/08
June 5, 2008

UNITED STATES PATENT AND TRADEMARK OFFICE
_____

Trademark Trial and Appeal Board
______

Anheuser-Busch, Incorporated
v.
Mambo Seafood #1, Inc.
_____

Opposition No. 91160250
to application Serial No. 76480309
filed on January 6, 2003
_____

Request for Reconsideration
_____

Douglas N. Masters and Edward G. Wierzbicki of Loeb & Loeb
for Anheuser-Busch, Incorporated.

James R. Meyer and Bruce A. McDonald of Schnader Harrison
Segal & Lewis, and Daniel B. Schein of Schein & Cai for
Mambo Seafood #1, Inc.
______

Before Quinn, Walters and Bergsman, Administrative
Trademark Judges.

Opinion by Quinn, Administrative Trademark Judge:

The Board, in a decision dated September 22, 2008,
sustained the opposition on the ground of likelihood of
THIS OPINION
IS NOT A PRECEDENT OF
THE T.T.A.B.
Opposition No. 91160250
2
confusion, and refused registration to applicant in
International Class 32.
Applicant filed a request for reconsideration on
November 21, 2008 by way of ESTTA, the Board’s electronic
filing system.
Trademark Rule 2.129(c) provides that any request for
reconsideration or modification of a decision issued after
final hearing must be filed within one month from the date
of the decision. See also TBMP §§543 and 804 (2d ed. rev.
2004).
Inasmuch as the request for reconsideration was not
filed within one month from the date of the final decision,
the request is late and cannot be entertained by the Board.
The decision dated September 22, 2008 stands.