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TTAB Rule of Thumb: Introduce No Evidence, Lose Your Opposition

By John L. Welch

One may safely posit the following rule: an Opposer who fails to introduce evidence will lose at the TTAB. Healix Infusion Therapy, Inc. fell victim to that rule in its opposition to registration of the mark HELIX for computer software in the healthcare field. Healix claimed likely confusion with its registered mark HELIX for healthcare-related cost management and record maintenance services. However, it failed to introduce its registrations into the record and offered no evidence whatsoever. Ergo, it lost. Healix Infusion Therapy, Inc. v. Cerner Corp., Opposition No. 91170997 (January 10, 2008) [not precedential].Opposer Healix pleaded ownership of one registration and three pending applications; by the time of trial, the applications had issued to registration...continue to full post

Full post as published by The TTABlog on January 24, 2008 (boomark / email).