Packet Host, Inc.v.OnePacket LLC

Trademark Trial and Appeal Board

Jul 20, 2021

92069714 (T.T.A.B. Jul. 20, 2021)

This Opinion is not a
Precedent of the TTAB

Mailed: July 20, 2021

UNITED STATES PATENT AND TRADEMARK OFFICE
_____
TRADEMARK TRIAL AND APPEAL BOARD
_____

Equinix, Inc. substituted for
Packet Host, Inc.
v.
OnePacket LLC

Cancellation No. 92069714

Corrective Order

Paul E. Godinez of Bailey Duquette P.C. for Petitioner, Packet Host, Inc.

Leon Croese of OnePacket LLC for Respondent, OnePacket LLC.

_____

Before Lykos, Kuczma and Dunn,
Administrative Trademark Judges.

By Kuczma, Administrative Trademark Judge:
This clarifies that the statutory standard set forth in 15 U.S.C. § 1127, recited on
page 13 of the Board’s decision of July 2, 2021, i.e., “[w]hen [use of the mark] has been
discontinued with intent not to resume such use,” is the standard that was used to
Cancellation No. 92069714
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determine that there was no prima facie showing by Petitioner that Respondent had
an intent not to resume use of its mark.
The date of the Board’s final decision in this case shall be the date of this corrective
order. Therefore, the time for appeal or civil action of the final decision in this case
as set forth in 37 C.F.R. § 2.145(d) is sixty-three days from the date of this corrective
order. Similarly, the date for filing a request for rehearing, reconsideration, or
modification of the Board’s decision must be filed within the time specified in 37
C.F.R. § 2.127(b), 37 C.F.R. § 2.129(c), or within any extension of time granted
thereunder, shall be calculated from the date of this corrective order, and the time for
filing an appeal expires sixty-three (63) days after action on the request.
Inasmuch as Petitioner did not show a prima facie case of abandonment and has
failed to demonstrate by a preponderance of the evidence that cancellation of
Respondent’s Registration No. 4738253 is warranted, the Petition to Cancel
Registration No. 4738253 for the mark ONEPACKET is dismissed.