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Precedential No. 5: TTAB Dismisses Opposition for Opposer's Failure to Serve Prior to Filing

By John L. Welch

I'll bet the Board was just waiting for this to happen: an opposer failed to follow the new TTAB rules (effective Nov. 1, 2007) that require service of a Notice of Opposition on the applicant prior to filing. See Rules 2.101(a) and 2.101(d)(4). The opposition was dismissed as a nullity. Springfield, Inc. v. XD, Opposition No. 91180596 (February 7, 2008) [precedential].Opposer Springfield filed its opposition on November 7, 2007, the last day of the opposition period, using the Board's ESTTA electronic system. Springfield checked the box on the ESTTA form indicating that it had effected service on Applicant [otherwise it would not have been allowed to file electronically], but in fact it hadn't served.On November 26th, Springfield filed a motion for leave to file an amended notice of opposition indicating that it served a copy of the notice of opposition on applicant on that same day, November 26th...continue to full post

Full post as published by The TTABlog on February 11, 2008 (boomark / email).