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Sample Motion to Vacate Judgment-Attorney Affidavit of Fault
This sample motion to vacate judgment is for use in California by an attorney...
From Stan Burman
tdcMailed: December 16, 2008Opposition No. 91186233Corporacion Habanos, S.A.,dba Habanos, S.A. andEmpresa Cubana Del Tabaco,dba Cubatabacov.Danli Tobacco Shop, Inc. Answer was due on October 18, 2008. A review of therecord shows that an answer has not been filed.This case now comes up for consideration of opposer'smotion, filed October 31, 2008, for default judgment againstapplicant for failure to file an answer. The motion isuncontested.
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Inasmuch as applicant failed to file an answer in thiscase, and failed to respond to opposer's motion in anymanner, the motion for default judgment is granted. See
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If a defendant fails to file an answer to a complaint duringthe time allowed therefor, the Board, on its own initiative, mayissue a notice of default allowing the defendant time to showcause why default judgment should not be entered against it. Theissue of whether default judgment should be entered against adefendant for failure to file an answer may also be raised bymeans of a motion filed by the party in the position of
UNITED STATES PATENT AND TRADEMARK OFFICETrademark Trial and Appeal BoardP.O. Box 1451Alexandria, VA 22313-1451
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Ttabvue-91186233-Opp-5 Default Order Habano Clasico
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| Upload Date: | 02/13/2009 |
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