Mark R. Newmanv.Unlimited Concepts, Inc.

Trademark Trial and Appeal Board

Jul 26, 2001

No. 92024265re (T.T.A.B. Jul. 26, 2001)

7/26/01
Paper No. 80
PTH

UNITED STATES PATENT AND TRADEMARK OFFICE
_____

Trademark Trial and Appeal Board
_____

Mark R. Newman, d/b/a
MRN Enterprises
v.
Unlimited Concepts, Inc., d/b/a
Tri-Corp Marketing
_____

Cancellation No. 24,265
_____

Request for Reconsideration
_____

George R. Brown of Block, Grynkewich & Brown for Mark R.
Newman, d/b/a MRN Enterprises.

Howard B. Rockman of Sonnenschein Nath & Rosenthal for
Unlimited Concepts, Inc., d/b/a Tri-Corp Marketing.
_____

Before Seeherman, Hairston and Chapman, Administrative
Trademark Judges.

Opinion by Hairston, Administrative Trademark Judge:

Mark R. Newman, d/b/a MRN Enterprises (Petitioner)
has filed a timely request for reconsideration of the
Board’s January 30, 2001 decision dismissing the petition
to cancel. Petitioner has requested a rehearing and an
THIS DISPOSITION
IS NOT CITABLE AS PRECEDENT
OF THE T.T.A.B.
Cancellation No. 24,265
2
opportunity to essentially further argue the claims of
fraud and lack of ownership in this case.
Petitioner is advised that it is not the practice of
the Board to hold an oral hearing on a request for
reconsideration. In view thereof, petitioner’s request
for a rehearing is denied.
Moreover, petitioner had ample opportunity to submit
evidence in this case during its testimony period-in-
chief and rebuttal testimony period. Further, petitioner
had ample opportunity to argue this case in its brief and
at the oral hearing held on this matter.
With respect to petitioner’s contention that the
Board’s findings that respondent did not commit fraud in
obtaining its registration and that respondent is the
owner of the JESTER mark are erroneous, we have carefully
considered petitioner’s arguments in this regard, and
find that our decision is fully supported by the evidence
(or lack thereof) in this case.
Under the circumstances, petitioner’s request for
reconsideration is denied.