FLORES v. CORPORACION HABANOS, S.A. , No. 13-1411 (Fed. Cir. 2013)

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Case: 13-1411 Document: 25 Page: 1 Filed: 11/21/2013 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit __________________________ ABRAHAM FLORES, Appellant, v. CORPORACION HABANOS, S.A. AND EMPRESA CUBANA DEL TABACO (doing business as Cubatabaco), Appellees. __________________________ 2013-1411 __________________________ Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board in Cancellation No. 92052146. __________________________ ORDER __________________________ Before NEWMAN, PROST and REYNA, Circuit Judges. REYNA, Circuit Judge. After receiving the responses following the court s show cause order, the court now considers whether this appeal should be dismissed as untimely. Case: 13-1411 FLORES Document: 25 Page: 2 Filed: 11/21/2013 v. CORPORACION HABANOS, S.A. 2 On January 31, 2013, the Trademark Trial and Appeal Board (Board) issued an order, inter alia, granting a petition to cancel appellant s trademark. The Board received appellant s notice of appeal on April 11, 2013, 70 days after the order. Under 37 C.F.R. § 2.145(d), the time for filing the appeal to this court from a final decision of the Board is two months from the date of the decision. See also 15 U.S.C. § 1071(a)(2). While appellant suggests the failure to timely file the notice of appeal is excusable neglect, such arguments are better directed at the Director of the United States Patent and Trademark Office who has authority to grant a motion for an extension of time to file a notice of appeal on such grounds. See 37 C.F.R. § 2.145(e). Because appellant s notice of appeal was filed outside of the deadline for taking an appeal to this court, we dismiss the appeal without prejudice to filing another appeal to the extent the Director grants the motion for an extension. Accordingly, IT IS ORDERED THAT: (1) The appeal is dismissed. (2) Each side shall bear its own costs. FOR THE COURT /s/ Daniel E. O Toole Daniel E. O Toole Clerk of Court s26

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