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Precedential No. 7: TTAB Okays Amended Section 18 Petition for Partial Cancellation, if Amended a Bit More

Petitioner IdeasOne sought to register its mark WELLCORPS INTERNATIONAL for dietary supplements, but was blocked by Respondent's registration of WELLCORP in standard and design form, for "consulting services in the field of healthcare." IdeasOne filed a petition for partial cancellation under Section 18, but was met with a motion to dismiss under FRCP 12(b)(6) for failure to state a claim. It amended its petition to assert a revised claim under Section 18, but again was met with a motion dismiss. This time, however, Petitioner almost got it right, and the Board allowed it another 20 days to file a second amended petition. IdeasOne, Inc. v. Nationwide Better Health, Inc., Cancellation No. 92049636 (March 12, 2009) [precedential].In its first amended petition, IdeasOne alleged that Respondent has never used the WELLSCORPS INTERNATIONAL mark for "dietary supplements sold to the general public...continue to full post

Full post as published by The TTABlog on March 18, 2009 (boomark / email).