98669016•Acutis Technology Inc.
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This Opinion is Not a Precedent of the TTAB Mailed: May 15, 2026 UNITED STATES PATENT AND TRADEMARK OFFICE _____ Trademark Trial and Appeal Board _____ In re Acutis Technology Inc. _____ Serial No. 98669016 _____ On Reconsideration Acutis Technology Inc., pro se. Matt Einstein, Trademark Examining Attorney, Law Office 115, Daniel Brody, Managing Attorney. _____ Before Lykos, Lavache, and Brock, Administrative Trademark Judges. Opinion by Brock, Administrative Trademark Judge: On November 13, 2025, Applicant Acutis Technology Inc. timely filed a request for reconsideration of the Board’s final decision in this appeal, pursuant to Trademark Rule 2.144, 37 C.F.R. § 2.144.1 1 11 TTABVUE. Citations in this opinion are to the TTABVUE docket entry number and electronic page number where the document appears.
Serial No. 98669016 - 2 - I. Background On November 11, 2025, in the final decision, the Board affirmed the refusal of registration on the ground that Applicant’s mark, HOLY HABITS, is merely descriptive of the goods under Section 2(e)(1) of the Trademark Act, 15 U.S.C. § 1052(e)(1).2 In the decision, the Board noted: Applicant’s main brief and reply brief are improperly formatted because they are each single spaced. See Trademark Rule 2.126(a)(1), 37 C.F.R. § 2.126(a)(1) (“Text in an electronic submission must be filed in at least 11- point type and double-spaced.”). “Without prior leave of the … Board, a brief shall not exceed twenty-five pages in length in its entirety, … A reply brief from the appellant, if any, shall not exceed ten pages in length in its entirety.” Trademark Rule 2.142(b)(2). Although Applicant’s main brief is single spaced, we accept it because it is five pages; if it were properly double spaced, it would fall within the page limitation. … Applicant’s reply brief, however, is seven pages, single spaced, and if double spaced, would exceed the ten-page limit. We do not consider it.3 In its request for reconsideration, Applicant urges the Board to “(1) accept the attached Corrected Reply Brief … in place of the reply brief previously filed … and (2) reconsider its decision in this appeal in light of the corrected, rule-compliant reply brief.”4 Applicant attached to its request a reformatted reply brief and the original reply brief.5 2 10 TTABVUE. 3 Id. at 2 n.2. 4 11 TTABVUE 2. 5 Id. at 5 and 15.
Serial No. 98669016 - 3 - II. Applicant’s Arguments Applicant explains that “[r]econsideration is appropriate so the Board may evaluate the merits with a complete, compliant record.”6 Applicant states that “[t]he corrected brief is identical in substance to the previously filed reply; only formatting was changed to conform to the rules”7 and further argues that the “Board has discretion to accept the corrected, compliant brief.”8 III. Analysis The premise underlying a request for reconsideration is that the Board erred in reaching its decision, based on record evidence and applicable law. In re Berkeley Lights, Inc., No. 88895703, 2022 TTAB LEXIS 382, at *2-3. Reconsideration should be limited to a demonstration that, based on the evidence properly of record and the applicable law, the Board’s decision is in error and requires appropriate change. Id., and TRADEMARK TRIAL AND APPEAL BOARD MANUAL OF PROCEDURE §§ 543 and 1219.01 (2025) and cases cited therein. Applicant’s argument is essentially that (1) “[t]he Board has exercised its discretion to consider briefs where formatting defects are cured and page limits are met”9 and (2) by implication, the Board erred in not considering Applicant’s reply brief. 6 11 TTABVUE 3. 7 Id. at 2 (emphasis in original). 8 Id. at 3. 9 11 TTABVUE 2, 3.
Serial No. 98669016 - 4 - In pertinent part, Trademark Rule 2.142(b)(2) provides: Briefs must meet the requirements prescribed in § 2.126, except examining attorney submissions need not be filed through ESTTA. Without prior leave of the Trademark Trial and Appeal Board, a [main] brief shall not exceed twenty-five pages in length in its entirety … A reply brief from the appellant, if any, shall not exceed ten pages in length in its entirety. And as to that main brief, “[i]f the [main] brief is not filed within the time allowed, the appeal may be dismissed.” Trademark Rule 2.142(b)(1). Thus, in an appeal, Applicant’s main brief is mandatory. Unlike main briefs, however, reply briefs are optional, not mandatory. See Trademark Rule 2.142(b)(1) (“The appellant may file a reply brief …”) (emphasis added); see also Trademark Rule 2.142(b)(2) (“A reply brief from the appellant, if any …”) (emphasis added). Applicant’s main brief was improperly formatted. Trademark Rule 2.126(a)(1). To avoid dismissal of the appeal under Trademark Rule 2.142(b)(2), the Board exercised its discretion to accept Applicant’s improperly formatted main brief – because the main brief is mandatory. Applicant is reminded that the Board already exercised its discretion once in Applicant’s favor. Applicant’s reply brief was also formatted improperly. Because reply briefs are not mandatory, the Board did not consider it under the plain language of Trademark Rule 2.142(b)(2). Therefore, this decision was not error.10 Moreover, although the reformatted reply brief now appears to meet acceptable page limits, in our mere act 10 In any event, even if we had considered Applicant’s reply brief the result would remain the same.
Serial No. 98669016 - 5 - of counting pages, we immediately noted that the reply brief contains a definition that does not appear to be part of the prosecution record.11 “The record should be complete prior to the filing of an appeal. Evidence should not be filed with the Board after the filing of a notice of appeal.” Trademark Rule 2.142(d), 37 C.F.R. § 2.142(d). Thus, even the “corrected, compliant” reply brief is not, in fact, compliant and improperly attempts to introduce material not made of record during prosecution. Id. Having found that Applicant’s request contains no demonstration that the Board’s decision is in error based on evidence and law, see Berkeley Lights, 2022 TTAB LEXIS 382, at *2-3, Applicant’s request for reconsideration is denied. 11 11 TTABVUE 7.
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