United States Federal Circuit
CUSTOM COMPUTER SERVS., INC. v. PAYCHEX PROPS., INC., 03-1148
The PTO Trademark Trial and Appeal Board's dismissal of defendant's notice of opposition to a trademark application for having been untimely filed is not supported by substantial evidence, where the delay in filing qualified as a "mistake" within PTO regulations.
Appellate Information
- Decided 07/22/2003
- Published 07/22/2003
Judges
- LOURIE, Circuit Judge., Before LOURIE, SCHALL, and PROST, Circuit Judges.
Court
- United States Federal Circuit
Counsel
- For Appellant:
- Jill M. Pietrini,Manatt, Phelps & Phillips, LLP, of Los Angeles, CA, argued for appellant. With her on the brief was Andrew Klungness.
- For Appellees:
- James D. Kole, Nixon Peabody LLP, of Rochester, NY, argued for appellee.