302 Commencement of Proceeding
37 CFR § 2.101(a) An opposition proceeding is commenced by filing in the Office a timely notice of opposition, with the required fee. The notice must include proof of service on the applicant, or its attorney or domestic representative of record, at the correspondence address of record in the Office, as detailed in §§ 2.101(b) and 2.119.
37 CFR § 2.111(a) A cancellation proceeding is commenced by filing in the Office a timely petition for cancellation with the required fee. The petition must include proof of service on the owner of record for the registration, or the owner’s domestic representative of record, at the correspondence address of record in the Office, as detailed in §§ 2.111(b) and 2.119.
37 CFR § 2.116(b) The opposer in an opposition proceeding or the petitioner in a cancellation proceeding shall be in the position of plaintiff, and the applicant in an opposition proceeding or the respondent in a cancellation proceeding shall be in the position of defendant. A party that is a junior party in an interference proceeding or in a concurrent use registration proceeding shall be in the position of plaintiff against every party that is senior, and the party that is a senior party in an interference proceeding or in a concurrent use registration proceeding shall be a defendant against every party that is junior.
37 CFR § 2.116(c) The opposition or the petition for cancellation and the answer correspond to the complaint and answer in a court proceeding.
An opposition proceeding is commenced by the timely filing of a notice of opposition, together with the required fee, in the USPTO. [ Note 1.] The notice of opposition must include proof of service on the owner of the application, or its attorney or domestic representative of record, at the correspondence address of record in the Office. [ Note 2.] See TBMP § 309.02(c). If any service copy of the opposition is returned to the opposer as undeliverable, the opposer must notify the Board within ten days of receipt of the returned copy. [ Note 3.] See TBMP § 309.02(c)(1).
Similarly, a cancellation proceeding is commenced by the timely filing of a petition for cancellation, together with the required fee, in the USPTO. [ Note 4.] The petition to cancel must include proof of service on the record owner of the registration, or its domestic representative. See TBMP § 309.02(c)(2). If any service copy of the petition to cancel is returned to the petitioner as undeliverable, the petitioner must notify the Board within ten days of receipt of the returned copy. [ Note 5.] See TBMP § 309.02(c)(2).
The notice of opposition, or the petition for cancellation, and the answer thereto correspond to the complaint and answer in a court proceeding. [ Note 6.] The opposer in an opposition proceeding, or the petitioner in a cancellation proceeding, is in the position of plaintiff, and the applicant in an opposition proceeding, or the respondent in a cancellation proceeding, is in the position of defendant. [ Note 7.]
An interference proceeding commences when the Board mails a notice of interference to each of the parties to the proceeding, as described in 37 CFR § 2.93. For further information concerning interference proceedings, see TBMP Chapter 1000.
A concurrent use proceeding commences when the Board mails a notice of the proceeding to each of the parties thereto, as described in 37 CFR § 2.99(c) and 37 CFR § 2.99(d)(1). For further information concerning concurrent use proceedings, see TBMP Chapter 1100.
NOTES:
1. 37 CFR § 2.101(a). See Yamaha International Corp. v. Hoshino Gakki Co., 840 F.2d 1572, 6 USPQ2d 1001, 1004 (Fed. Cir. 1988) ("An opposition proceeding is initiated by a simple statement, comparable to the filing of a complaint"); Vibe Records Inc. v. Vibe Media Group LLC, 88 USPQ2d 1280, 1283 (TTAB 2008) (untimely opposition dismissed as a nullity). Cf. Fed. R. Civ. P. 3.
7. 37 CFR § 2.116(b). See Yamaha International Corp. v. Hoshino Gakki Co., 840 F.2d 1572, 6 USPQ2d 1001, 1004 (Fed. Cir. 1988).