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Precedential No. 39: Evidentiary Errors Lead to Dismissal of 2(d) Opposition for Failure to Prove Priority

In this train wreck of a Section 2(d) proceeding, Opposer Life Zone Inc. failed to properly introduce its trademark registrations and failed to provide evidence establishing common law rights in its marks from a date prior to Applicant's filing date. The Board therefore dismissed the opposition for lack of priority. Life Zone Inc. v. Middleman Group, Inc., Opposition No. 91160999 (July 15, 2008) [precedential].Among numerous evidentiary errors, Applicant attempted to submit ordinary copies of its registrations by way of Notice of Reliance. That ran afoul of Rule 2.122(d) as then applicable, because only status-and-title copies could be introduced via Notice of Reliance. [The rule was changed last year to allow ordinary photocopies if submitted with the original pleading]...continue to full post

Full post as published by The TTABlog on August 07, 2008 (boomark / email).