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Precedential No. 11: Section 2(d) Opposer Fails to Submit Registration Properly, Loses on Priority Issue

Once again, an Opposer who failed to properly introduce a registration into evidence reaped dire consequences. Syngenta Crop Protection, Inc. filed a Section 2(d) opposition to registration of the mark AgMeter for "pesticide detectors" and "evaluation and testing of produce for pesticides," alleging likelihood of confusion with the registered mark AGROMETER for related goods and services. Were the registration in evidence, it would have removed the issue of priority, but without it Opposer's evidence of prior use was inadequate. So the Board dismissed the opposition for failure to prove priority. Syngenta Crop Protection, Inc. v. Bio-Chek, LLC, Opposition No. 91175091 (March 12, 2009 [precedential].The Board plowed through numerous evidentiary issues before burying Syngenta's notice of opposition...continue to full post

Full post as published by The TTABlog on March 31, 2009 (boomark / email).