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Precedential No. 32: TTAB Okays Service of Opposition by Mail to Applicant's Address, Not the Correspondence Address of Record

The intense, dark cloud hanging over this opposition was lifted by the Board's merciful ruling that Opposer Lindt's service of its Notice of Opposition on Applicant Karlo Flores by mail at his address, rather than at the address of record (his attorney's), was acceptable under the circumstances at hand. Chocoladefabriken Lindt & Sprungli AG v. Karlo Flores, (July 30, 2009) [precedential]Lindt filed a notice of opposition under Section 2(d) to registration of the mark 73% INTENSE DARK for chocolate and chocolate bars, relying on its previous use of INTENSE DARK for candy. The problem arose because Lindt had served the notice of opposition by mailing it to Applicant Flores' address, rather than to the "correspondence address of record" stated in the TARR database...continue to full post

Full post as published by The TTABlog on August 06, 2009 (boomark / email).