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TTAB Dimisses 2(d) Opposition for Lack of Evidence: Opposer's Notice of Reliance Mailed to Wrong PTO Address

By John L. Welch

Another Section 2(d) opposition when off the track when an opposer failed to submit evidence properly into the record. Here, Opposer El Dorado Park Self Service attempted to file a Notice of Reliance, but mailed it to the old PTO address in Arlington, Virginia, rather than the new address in Alexandria. It arrived at the PTO after El Dorado's testimony period had closed and therefore was untimely. And in any case, the evidence that Opposer tried to submit, a telephone directory advertisement, did not show its supposed mark "TOO MUCH STUFF?" used as a source indicator. The Board therefore dismissed the opposition. El Dorado Park Self Storage v. Yelenich, Opposition No. 91159837 (January 18, 2008 [not precedential].El Dorado did not take testimony but did submit by mail its Notice of Reliance on the last day of its testimony period...continue to full post

Full post as published by The TTABlog on January 31, 2008 (boomark / email).