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CAFC Reverses TTAB's "FRED" Ruling: Fee Not Needed With Motion for Leave to Amend Cancellation Petition to Add Classes

The CAFC reversed the TTAB's ruling in Fred Beverages, Inc. v. Fred's Capital Management Company, Cancellation No. 92048454 (June 26, 2009) [not precedential]. The Board had denied Petitioner's motion to add four classes to its petition for cancellation because the motion "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." The CAFC reversed the Board's decision, holding that the denial of Petitioner's motion was arbitrary and capricious. Fred Beverages, Inc. v. Fred's Capital Management Company, Appeal No. 2010-1007 (Fed. Cir. May 12, 2010) [precedential]. [An mp3 of the oral argument may be found here]The court observed that the Board did not cite any equitable reason to deny the motion, but relied solely on Petitioner's failure to file the fee associated with the proposed petition...continue to full post

Full post as published by The TTABlog on May 13, 2010 (boomark / email).