Abraham Flores v. CORPORACION HABANOS, S.A. AND EMPRESA CUBANA DEL TABACO (doing business as Cubatabaco)

N OTE: This order is nonprecedential.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.
__________________________
O R D E R
__________________________
Before N EWMAN, P ROST 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 Document: 25 Page: 1 Filed: 11/21/2013

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FLORES v. CORPORACION HABANOS, S. A. 2
On January 31, 2013, the Trademark Trial and Ap-
peal 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 ap-
peal 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,
I T I S O RDERED T HAT :
(1) The appeal is dismissed.
(2) Each side shall bear its own costs.
F OR T HE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
s26
Case: 13-1411 Document: 25 Page: 2 Filed: 11/21/2013

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