Case: 23-1624 Document: 27 Page: 1 Filed: 08/17/2023

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

MARIN PARTNERS, dba marin partners, Appellant

v.

HEAVEN HILL DISTILLERIES, INC., dba The Wine Group, Appellee

KATHERINE K. VIDAL, Under Secretary of Com- merce for Intellectual Property and Director of the United States Patent and Trademark Office, Intervenor ______________________

2023-1624 ______________________

Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board in No. 92077885. ______________________

ON MOTION ______________________

Before CHEN, MAYER, and STOLL, Circuit Judges. PER CURIAM. ORDER Case: 23-1624 Document: 27 Page: 2 Filed: 08/17/2023

2 MARIN PARTNERS v. HEAVEN HILL DISTILLERIES, INC.

The Director of the United States Patent and Trade- mark Office (PTO) moves for leave to intervene in this ap- peal and to remand to permit further proceedings before the PTO Trademark Trial and Appeal Board. Marin Part- ners opposes those requests. The Director replies. Remand “is usually appropriate” to allow an agency to reconsider its previous position. SKF USA Inc. v. United States, 254 F.3d 1022, 1029 (Fed. Cir. 2001). We agree that remand is appropriate under the circumstances here, which may facilitate this court’s review and preserve judi- cial resources. Accordingly, IT IS ORDERED THAT: (1) The Director’s motion is granted. The revised offi- cial caption is reflected in this order, and the case is re- manded to the Board for further proceedings consistent with the motion and this order. (2) Each side shall bear its own costs. FOR THE COURT

August 17, 2023 /s/ Jarrett B. Perlow Date Jarrett B. Perlow Clerk of Court