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Precedential No. 47: TTAB Dismisses Opposition for Lack of Standing, Finds No Excusable Neglect Warranting Re-Opening of Case

Pro se Opposer Prakash Melwani was shown a quick exit by the TTAB in his opposition to registration of the mark ROYALSILK for "nonwoven medical gowns and non-woven surgical drapes." Melwani asserted that he mistakenly thought the case was suspended when Applicant Allegiance included in its answer a motion to strike one of his claims, and so he submitted no evidence or testimony during his trial period. The Board granted Applicant's Rule 2.132(a) motion to dismiss for failure to prosecute, denying Melwani's motion to re-open the case. Prakash Melwani v. Allegiance Corporation, Opposition No. 91190682 (December 29, 2010) [precedential].Melwani pleaded ownership of three registrations for the mark ROYAL SILK for clothing and other goods, and alleged likelihood of confusion, deceptive misdescriptiveness, dilution, fraud, and "bad faith...continue to full post

Full post as published by The TTABlog on December 30, 2010 (boomark / email).