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Precedential No. 50: TTAB Strikes Opposer's Documents Produced During Testimony Period

Applicant Resort Option won the evidentiary skirmish but lost the war in this opposition to its registration of the mark PANDA TRAVEL in standard character and design form (shown below left) for "travel agency services, namely making reservations and bookings for transportation" [TRAVEL disclaimed]. The Board found that Applicant's mark is likely to cause confusion with the previously-used mark PANDA TRAVEL and the design mark shown on the right, for travel agency services. Panda Travel, Inc. v. Resort Option Enterprises, Inc., Oppositions Nos. 91174767 and 91174768 (December 29, 2009) [precedential].Evidentiary Issue: Was Opposer's document production timely? No, said the Board.Opposer served some production documents prior to the commencement of its testimony period, but it served additional responsive documents during its testimony period...continue to full post

Full post as published by The TTABlog on December 30, 2009 (boomark / email).