Suggested Format For Certificate of Service
(APPENDIX C from TBMP)
Shown below is a suggested format for a certificate of service [for an opposition or cancellation proceeding before the TTAB]:
I hereby certify that a true and complete copy of the foregoing (insert title of submission) has been served on (insert name of opposing counsel or party) by mailing said copy on (insert date of mailing), via First Class Mail, postage prepaid (or insert other appropriate method of delivery) to: (set out name and address of opposing counsel or party).
Note: For an opposition, the Notice of Opposition should be sent to the Correspondent of Record for the application being opposed. For a cancellation proceeding, the Petition to Cancel should be sent to the owner (not the opposing counsel). TMEP 604.02 reads: "Duration of Recognition Pending Applications. For purposes of recognition as a representative, the USPTO considers a power of attorney filed while an application is pending to end when the mark is registered, when ownership changes, or when the application is abandoned." See TBMP 113 Service of Papers for more information.
What is a NOTICE OF FAILURE OF SERVICE?
This is a written statement that must be provided to the Board in an opposition or cancellation proceeding if the Opposer (Opposition) or Petitioner (Cancellation) has a service copy returned as undeliverable when addressed to the correspondent of record address for an Opposition or the Registrant’s address for a Cancellation.
If a service copy is returned to opposer as undeliverable, opposer must notify the TTAB through ESTTA or other means within ten (10) days of receipt of the returned service copy, or of any notice indicating that the service copy could not be delivered. (See TBMP § 104 Business to Be Conducted in Writing). While opposer is under no obligation to search for current correspondence address information for, or investigate the whereabouts of, any applicant the opposer is unable to serve, if opposer knows of any new address information for the applicant, opposer must report the address to the Board. In any case in which opposer notifies the Board that a service copy sent to an applicant was returned or not delivered, including any case in which the notification includes a new address for the applicant discovered by or reported to opposer, the Board will effect service.
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