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Opposer Lays Egg at TTAB: Fails to Prove Priority in Edible Bird's Nest 2(d) Tussle

Royal King's Section 2(d) opposition to registration of the mark ROYAL NEST & Design (shown immediately below) for "edible bird's nests" never took flight because Opposer failed to prove priority. Opposer provided no evidence of priority, failing to properly introduce its registrations into the record and offering inconclusive admissions by Applicant. Royal King, Inc. v. TJ Seven Incorporation, Opposition No. 91178271 (January 12, 2009) [not precedential].Standing: Proof of standing does not require proof of prior rights, and so Opposer Royal King satisfied the standing requirement by submitting a PTO office action in which its application to register the mark shown below was refused under Section 2(d) in light of the here-opposed application...continue to full post

Full post as published by The TTABlog on January 26, 2009 (boomark / email).