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TTAB Denies Motion to Amend Cancellation Petition to Add New Classes Because Fee Did Not Accompany Motion

Maybe it's just me, but I found this decision surprising. Petitioner Fred Beverages filed a motion to amend its petition for cancellation of Registration No. 3051906, seeking to add three more classes to the petition. The Board denied the motion because it "was not accompanied by any payment or authorization to charge respondent's [sic] deposit account for any of the additional classes sought to be cancelled." Fred Beverages, Inc. v. Fred's Capital Management Company, Cancellation No. 92048454 (June 26, 2009) [not precedential].The Board cited Rule 2.111(c)(1) for the proposition that a petition for cancellation "must be accompanied by the required fee ... for each class in the registration for which cancellation is sought." It noted that Rule 2...continue to full post

Full post as published by The TTABlog on June 30, 2009 (boomark / email).