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Precedential No. 5: Board Shows Mercy, Forgives Cancellation Petitioner Who Served Petition One Week after its Electronic Filing

Rule 2.111(a), effective November 1, 2007, requires that a petition for cancellation "include proof of service on the owner of record for the registration." The Equine Touch Foundation Petitioner filed a Petition for Cancellation electronically on October 10, 2008, indicating on the ESTTA form that service had been made on registrant that same day. However, Petitioner in fact had not made service. What would the Board do? The Equine Touch Foundation, Inc. v. Equinology, Inc., Cancellation No. 92050044 (February 10, 2009) [precedential].Of course, if this were an opposition proceeding, the "plaintiff" might have been thrown off the TTAB track. See Springfield, Inc. v. XD, 86 USPQ2d 1063 (TTAB 2008) [precedential] [TTABlogged here]. [Opposition filed on last day of opposition period dismissed as a nullity because Opposer had failed to serve Applicant]...continue to full post

Full post as published by The TTABlog on March 09, 2009 (boomark / email).