TTAB Grants Dismissal For Failure To Prosecute

In Sterling Jewelers Inc. v. Romance & Co., Inc., Opposition No. 91207312 (TTAB March 27, 2014), the Board addressed the evidentiary requirements for making a registration properly of record under the governing Trademark Rules and for obtaining a dismissal for failure to prosecute.

The case came before the Board on a fully briefed motion for involuntary dismissal under the Trademark Rules. Opposer commenced its opposition on likelihood of confusion grounds, attaching a simple photocopy of the registration without either status or title details. Following Opposer's failure to take discovery, to take testimony, or to submit any evidence during its testimony period, Applicant sought dismissal of the opposition for failure to prosecute. In support of its motion, Applicant argued that by failing to make its registration properly of record or to submit any other evidence in support of its action, Opposer had failed to meet its burden to prove standing and entitlement to