1303.02(b) Trademark Examining Attorney’s Brief
When the registrant’s main appeal brief has been received by the Board, the Board sends the case to the examining attorney for preparation of a brief. Within 60 days after the date of the Board’s written order forwarding the case to the examining attorney, or within an extension of time for the purpose, the examining attorney must file an appeal brief answering the registrant’s main brief. [ Note 1.] The examining attorney must also send a copy of the brief to the registrant. [ Note 2.] If the examining attorney’s brief is late-filed, the Board may exclude it in the absence of an adequate explanation for the late filing. [ Note 3.] An examining attorney’s failure to file a brief will not result in the reversal of the decision in the expungement or reexamination proceeding; the Board will simply decide the appeal without the benefit of the brief.
NOTES:
1. 37 C.F.R § 2.142(b)(1). See In re Wells Fargo & Co., 231 USPQ 106, 107 n.2 (TTAB 1986); In re Tennessee Walking Horse Breeders’ and Exhibitors’ Association, 223 USPQ 188 n.3 (TTAB 1984). See also In re Miller Brewing Co., 226 USPQ 666, 667 n.4 (TTAB 1985).
2. 37 C.F.R § 2.142(b)(1). See In re De Luxe N.V., 990 F.2d 607, 26 USPQ2d 1475, 1476 n.3 (Fed. Cir. 1993).
3. See In re Tennessee Walking Horse Breeders’ and Exhibitors’ Association, 223 USPQ 188, 188 n.3 (TTAB 1984).