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Precedential No. 30: TTAB Strikes Counterclaim Allegations Based on Ex Parte Prosecution Errors, but Okays Section 10 Abandonment Claim

Opposer Flash moved under FRCP 12(b)(6) to dismiss Applicant's counterclaim for cancellation of one of Opposer's pleaded registrations. The Board agreed with Flash that several of Applicant's allegations did not state a valid claim for cancellation, but one allegation did. Flash & Partners S.P.A. v. I. E. Manufacturing LLC, Opposition No. 91191988 (July 14, 2010) [precedential].With regard to the challenged registration, the underlying ITU application was filed without a verification. The drawing page was then amended from the mark shown above top to the mark shown above bottom, and the verification was subsequently filed.Applicant contended that (1) the underlying application was incomplete and thus void ab initio, and(2) Opposer did not have a bona fide intent to use the original mark, or the mark as amended...continue to full post

Full post as published by The TTABlog on July 15, 2010 (boomark / email).