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[mia077]

Can anyone provide guidance on a possible EOT for an Applicant's Reply Brief?  The Correspondence e-mail address with the USPTO was incorrect, consequently, we did not receive notice of the Examiner's Brief until past the 20 day response period.  TTAB Manual: 

1203.02(c) Applicant's Reply Brief - Within 20 days from the mailing date of the trademark examining attorney's appeal brief, or within an EOT for the purpose the applicant may, if it so desires, file a reply brief.

After several unsuccessful attempts to reach the examiner, I called the Trademark Center who told me there is no EOT and to just file the reply brief, and they MAY look at the brief.

Pursuant to the TTAB Manual I should be able to file an EOT, however, I'm not sure if there is a fee involved or a good cause/faith standar.  Has anyone run into this situation before?

Thank  you

[JSonnabend]

See section 509 of the TBMP.

- Jeff