SSJR Motions Successful in TTAB Opposition
SSJR successfully defeated the Applicant’s attempt to amend its application during the course of an opposition and added claims for fraud on the Trademark Office and failure to meet statutory filing requirements. The Board noted that SSJR’s brief correctly pointed out deficiencies in the Applicant’s filing and confirmed that the Applicant could not avoid the new claims by amending the application. The new claims were prompted by the Applicant’s attempt to amend its application from a use basis to an intent-to-use basis. Fraud claims have been particularly difficult to plead and add to inter parties proceedings since the Federal Circuit’s In re Bose decision. SSJR’s actions have set up multiple points of attack to prevent a competitor of its client from receiving a confusingly similar trademark registration.