Simon Tam has filed a petition for writ of mandamus with the CAFC, seeking an order directing the USPTO to comply with the CAFC's mandate by publishing for opposition his service mark application for the mark THE SLANTS. [Petition here].
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In an Order issued today [here], the CAFC has required the USPTO to respond to Tam's petition by March 23rd.
TTABlog comment: Although the CAFC mandate has already issued in In re Tam, I believe the USPTO could ask that the mandate be recalled and stayed while it pursues a writ of certiorari at the Supreme Court.