Cutino v. Nightlife Media, Inc.

Michael J. Cutino appeals pro se from the decision of the Trademark Trial and Appeal Board (“Board”) of the Patent and Trademark Office (“PTO”) dismissing Mr. Cutino’s opposition to Trademark Application No. 77/325,174 for the mark NIGHTLIFE TELEVISION. 1 For the reasons below, we vacate the Board’s decision and remand for further proceedings.

Background

Mr. Cutino owns three federal trademark registrations obtained between 1982 and 1995. Registration No. 1207169 covers the mark NEW YORK’S NIGHTLIFE for “Monthly Magazine Dealing Primarily with Things to Do and See and Places to Go in the State…