Anton/Bauer, Inc.

Trademark Trial and Appeal Board

Oct 11, 2001

No. 75659877re (T.T.A.B. Oct. 11, 2001)

10/11/01

Hearing: Paper No. 15
June 12, 2001 GFR

UNITED STATES PATENT AND TRADEMARK OFFICE
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Trademark Trial and Appeal Board
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In re Anton/Bauer, Incorporated
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Serial No. 75/659,877
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On Request for Reconsideration
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Allen D. Brufsky for Anton/Bauer, Incorporated.

Charles G. Joyner, Jr., Trademark Examining Attorney, Law
Office 112 (Janice O’Lear, Managing Attorney).
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Before Simms, Bottorff and Rogers,
Administrative Trademark Judges.

Rogers, Administrative Trademark Judge:

Applicant, focusing on only one portion of our
decision affirming the Examining Attorney’s refusal of
registration, has proffered an amendment restricting its
identification of goods. Applicant apparently believes
that we would, given such restriction, vacate our earlier
decision and reverse the refusal of registration.
THIS DISPOSITION
IS NOT CITABLE AS PRECEDENT
OF THE T.T.A.B.
Ser No. 75659,877
2
Amendment of the application at this time is not
permitted. See Trademark Rule 2.142(g), 37 C.F.R.
§2.142(g). (“An application which has been considered and
decided on appeal will not be reopened except for the entry
of a disclaimer under §6 of the Act of 1946 or upon order
of the Commissioner….”) Accordingly, the request to amend
the application is denied.
Moreover, even if the amendment could be approved and
was entered, we would not change our decision. Entry of
the amendment would not change in any way the
identification in the cited registration, which could be
read to encompass the goods of applicant with or without
the proffered amendment; and the similarity of applicant’s
mark and that of the cited registration would remain.
The request for reconsideration is denied.