Bikers Of America, Know Your Rights!

UNITED STATES PATENT AND TRADEMARK OFFICE
Trademark Trial and Appeal Board
P.O. Box 1451
Alexandria, VA 22313-1451
Mailed: September 20, 2012
Applicant: Gerald R. Mollohan
Serial No.: 85509063
Filed: 1/5/2012
Mark: BROTHERS OF THE WHEEL
Amy Matelski, Paralegal Specialist:
The notice of opposition filed September 4, 2012 on
behalf of Brothers of the Wheel M. C. Executive Council,
Inc. is noted. The notice of opposition does not
include proof of service as required by Trademark Rule
2.101. The notice of opposition also was not
accompanied by the required fee as required by Trademark
Rule 2.101(d)(3)(i), as amended effective November 2,
2003.
Each opposer is required to serve a copy of its notice
of opposition on the applicant, at the correspondence
address of record in the USPTO and must include proof of
such service with its notice of opposition at the time
of its filing. See Trademark Rules 2.101 (a), (b) and
(d)(4), and 2.119. A notice of opposition filed without
the required proof of service and fee cannot be given
consideration
Because proof of service and fee is mandatory, the
notice of opposition will not be considered. Potential
opposer's remedy lies in the filing of a petition for
cancellation after applicant's application has matured
into registration.
cc:
GERALD R MOLLOHAN
PO BOX 507
SAINT ALBANS, WV 25177-0507
RICHARD J LINDROTH
BROTHERS OF THE WHEEL M C EXECUTIVE COUNCIL INC
4614 KANAWHA AVENUE
SOUTH CHARLESTON, WV 25309