Examining Attorney’s Request for Reconsideration

In

In re Ferrero S.p.A

., 22 USPQ2d

1800 (TTAB 1992),

recon. denied

, 24 USPQ2d 1061 (TTAB 1992), an

augmented panel of the Board expressly overruled prior precedent and held that an

examining attorney may request reconsideration of a Board decision reversing the

examining attorney in an ex parte appeal.

The examining attorney’s request must be filed within one

month from the date of the Board’s decision.

37 C.F.R.

§2.144

. No new evidence can be introduced with the request. The

request should point out any errors of fact or law in the Board’s decision.

To request reconsideration, the examining attorney must

prepare a request and a supporting brief and submit the request to the managing attorney

for concurrence in the decision to seek reconsideration. If the managing attorney

concurs, the managing attorney will submit the request for reconsideration and brief to

the Office of the Deputy Commissioner for Trademark Examination Policy for approval.

If that Office approves the request, the examining

attorney will file the request with the Board and send a copy to the applicant. The

Board will set an appropriate time for the applicant to respond to the request. The

examining attorney may not file a reply brief in response to the applicant’s brief.

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