Home -> Law Blog Directory -> Intellectual Property Law Blogs -> The TTABlog

Intellectual Property Law

: The TTABlog

Precedential No. 49: Failure to Serve Notices of Opposition Leads to Swift TTAB Dismissal

Opposer Schott AG shot itself in the AG when it failed to serve its notices of opposition on Applicant L'Wren Scott, as required by Rule 2.101. The Board granted Applicant's motion to dismiss and denied Schott's cross-motion for leave to amend its notices of opposition and to serve the notices. Schott AG v. L?Wren Scott, Oppositions Nos. 91184239 and 91184245 (November 13, 2008) [precedential].Opposer Schott timely filed its oppositions by first-class mail. The oppositions were instituted, but Applicant moved to dismiss for failure to comply with the service requirements of Rule 2.101. Neither notice included a certificate of service. [See footnote 3: had Opposer filed electronically via ESTTA, it would have had to confirm that it had forwarded copies of the notices to Applicant...continue to full post

Full post as published by The TTABlog on November 21, 2008 (boomark / email).