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TTAB Decides Fred Beverage's Motion to Amend, But Says It May Require Fee Before Deciding

Further to our posting of ten days ago [here], the TTAB has now taken up the motion of Fred Beverages, Inc. to amend its petition for cancellation to add four classes. In May 2010, the CAFC [here] reversed the Board's decision that had denied the motion to amend 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." The CAFC held the Board's ruling to be arbitrary and capricious.On January 27, 2010, the Board granted [here] Petitioner Fred Beverage's motion to add four classes to the petition for cancellation (which originally had only one class), finding that Petitioner had adequately pleaded a claim for abandonment against those four classes...continue to full post

Full post as published by The TTABlog on January 31, 2011 (boomark / email).