ROLEX V. AFP IMAGING CORP. , No. 12-1260 (Fed. Cir. 2012)
Annotate this Case
Download PDF
Case: 12-1260 Document: 21 Page: 1 Filed: 11/01/2012 NOTE: This order is nonprecedential. mlntteb ~tate11 ~ourt of ~peaI~ for tbe jfeberaI ([treutt ROLEXWATCH U.S.A., INC., Appellant, v. AFP IMAGING CORPORATION, Appellee. 2012-1260 (Opposition No. 91188993) Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. ON MOTION Before PROST, MAYER and REYNA, Circuit Judges. PER CURIAM. ORDER Rolex Watch U.S.A., Inc. ("Rolex") seeks to modify the court's August 14, 2012 order dismissing this appeal as moot. Rolex does not dispute that this appeal is moot, but does ask this court to modify its order to vacate the deci- Case: 12-1260 Document: 21 Page: 2 Filed: 11/01/2012 2 ROLEX WATCH v. AFP IMAGING sion of the Trademark Trial and Appeal Board, and remand with instructions that the Board deem the trademark in dispute abandoned. We deem it the better course to vacate this court's August 14, 2012 order, and remand this case to allow the Board to consider a motion to vacate its decision in the first instance in accordance with United States Bancorp Mortgage Company u. Bonner Mall Partnership, 513 U.S. 18, 29 (1994), and for any further proceedings deemed appropriate by the Board. This court takes no position as to whether the Board should grant any motion for vacatur or any motion to deem the trademark abandoned. Accordingly, IT Is ORDERED THAT: (1) This court's August 14, 2012 order is vacated. (2) Rolex's motion is granted to the extent explained above. (3) Each side shall bear its own costs. FOR THE COURT /s/ Jan Horbaly Jan Horbaly Clerk s25 ISSUED AS A MANDATE: _ _ NO_V_O_l_2_0_12__
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
