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TTAB Says "So Longo, BADONGO" in 2(d) Opposition to "PODANGO"

ICL, Ltd.'s Section 2(d) opposition to the mark PODANGO, based on ownership of the registered mark BADONGO (both marks for various Internet communication services), went all wrongo: first, ICL failed to properly introduce its registration into the record, and as a result did not prove standing or priority; second, the Board found the marks too dissimilar anyway. ICL, Ltd. v. Podango LLC, Opposition No. 91178334 (April 8, 2009) [not precedential].Failure to Get Registration into Evidence: Neither party to this proceeding submitted any evidence during the trial phase. Opposer ICL filed a brief (two paragraphs), but Applicant did not bother (i.e., no paragraphs). ICL tried to make its pleaded registration of record, but without success: "[a]pparently opposer attempted to attach an electronic copy of its pleaded registration from USPTO electronic records to its notice of opposition, but opposer failed to do so in accordance with the governing procedures...continue to full post

Full post as published by The TTABlog on April 20, 2009 (boomark / email).