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CAFC Hears Oral Argument In Fred Beverages Fee Payment Case

The CAFC heard oral argument on Friday, April 9th, in an appeal from the TTAB's decision in Fred Beverages, Inc. v. Fred's Capital Management Company, Cancellation No. 92048454 (June 26, 2009) [not precedential]. Petitioner Fred Beverages filed a motion to amend its petition for cancellation of Registration No. 3051906, seeking to add four 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." An mp3 of the oral argument may be found here (Appeal No. 2010-1007).As I stated in the TTABlog posting here, I thought the Board's decision was wrong because there is no Rule requiring that a party pay the fee for a cancellation petition when the party is merely filing a motion for leave to file the petition...continue to full post

Full post as published by The TTABlog on April 12, 2010 (boomark / email).