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Precedential No. 20: Per Rule 2.107(b), TTAB Denies Motion to Amend Madrid Opposition

Opposer sought to amend its Notice of Opposition to add a new ground (lack of bona fide intent), but it ran into one big problem: the opposed application is a Madrid Request for Extension of Protection and Rule 2.107(b) prohibits such an amendment in a Madrid opposition. Opposer claimed that it was merely clarifying an existing ground, but the Board disagreed and it denied the motion to amend. O.C. Seacrets, Inc. v. Hotelplan Italia S.p.A., Opposition No. 91190886 (June 7, 2010) [precedential].Opposer's notice of opposition alleged, in pertinent part, that "Applicant lacks a bona fide intent to use SECRETS LINE ... and therefore, has committed fraud on the U.S. Patent and Trademark Office."Its proposed amendment would replace that allegation with this: "In violation of 15 U...continue to full post

Full post as published by The TTABlog on June 08, 2010 (boomark / email).