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Precedential No. 38: TTAB Dismisses Opposition as Untimely - Electronic Payment Incomplete and Faxed Filing Ineffective

The vibes were not good for Vibe Records, Inc. when its president tried to file an opposition to registration of the mark VIBE REVOLUTIONS for "Providing links to web sites of others featuring retail stores, coupons, online music purchases and magazine subscriptions." Applicant Vibe Media Group, LLC moved to dismiss on the ground that the notice of opposition was not timely filed. The Board agreed and dismissed the opposition as a nullity. Vibe Records, Inc. v. Vibe Media Group LLC, Opposition No. 91176345 (July 11, 2008) [precedential].Opposer obtained an extension of time to March 14, 2007 within which to file its opposition. On March 13th, its president attempted to file a notice of opposition electronically, but payment of the fee was not successfully completed...continue to full post

Full post as published by The TTABlog on July 18, 2008 (boomark / email).