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Archived updates for Monday, March 28, 2005

TTABVue Database Date Has No Legal Effect

In Only The Best, Inc. v. OPS Sales, Inc., Opposition No. 91163053 (TTAB, March 17, 2005), the application was published for opposition on November 9, 2004, but the Notice of Opposition was expressed mailed on November 3rd. The Opposer argued that the Office did not actually received the Notice until November 15, 2004 as reflected in the United States Patent and Trademark Office (USPTO) TARR database print-out attached to opposer’s response. But, the TTAB was not persuaded:
As can be seen from opposer’s "Certificate of Mailing" it was, in fact,
mailed with an express mail label and the Office, accordingly, stamped the notice of opposition, with an "Office date label" of November 3, 2004. Further, as can be seen from the USPS tracking print-out, this correspondence was actually received by the Office on November 5, 2004. Opposer’s reference to the date entered in the TARR database is not controlling. This date merely reflects the date the notice of opposition was entered into the database and has no legal effect.
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