23
Jul/03

Fed Circuit Says TTAB Is Mistaken As To What Is A Mistake


The TTAB will honor an extension request to oppose filed in the name of the wrong party if the mistake was to form of the name but not to actual identity of the party.  Opposer’s entity filed an extension request using the wrong name of potential opposer.  TTAB disallowed the opposition.  The Fed Circuit reversed. You can get the name wrong – you just can’t the party wrong.

Customer Computer Services Inc. v. Paychex Properties, 03-1148, Opposition No. 151.439 (Fed Cir July 22 2003).

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