TTAB Holds That Earlier Failed Opposition Precludes Later Cancellation

On July 17, 2015, the TTAB held that an earlier, failed opposition to a registered mark justified dismissal of a later cancellation proceeding against that same mark.

Umberto Sulpasso owns a registration for the mark UROCK.  In a prior proceeding, John Timothy dba UROCK Radio, had unsuccessfully opposed Mr. Sulpasso's UROCK application based on priority and likelihood of confusion with Mr. Timothy's UROCK RADIO mark. 

In this later proceeding, The Urock Network, LLC ("UNL"), which was managed by Mr. Timothy, claimed ownership of an application for the mark THE UROCK NETWORK and filed a petition to cancel Mr. Sulpasso's registration claiming priority and likelihood of confusion.  Mr. Sulpasso filed a motion to dismiss the cancellation action on grounds of claim preclusion.  For claim preclusion to apply, there must be: (1) identity of the parties (or their privies); (2) an earlier final judgment on the merits; and (3) a second claim based on the same set of