308.05 Fees for Consolidated and Combined Complaints
When appropriate, a party may oppose, in a single (i.e., "consolidated") notice of opposition, different applications owned by the same defendant. However, the required fee must be submitted for each party joined as opposer, for each class in which registration is opposed, in each application against which the opposition is filed. [ Note 1.] See TBMP § 305 and TBMP § 308.01.
Similarly, when appropriate, a party may seek to cancel, in a single ("consolidated") petition for cancellation, different registrations owned by the same defendant. Again, the required fee must be submitted for each party joined as petitioner, for each class sought to be cancelled, in each registration against which the petition for cancellation is filed. [ Note 2.] See TBMP § 305 and TBMP § 308.02.
In addition, a party may file, when appropriate, a single pleading combining a notice of opposition to one or more applications, and a petition to cancel one or more registrations, provided that each subject application and registration is owned by the same defendant. [ Note 3.] See TBMP § 305.02. However, the required fee must be submitted for each party joined as plaintiff, for each class sought to be opposed or cancelled, in each application or registration against which the complaint is filed. [ Note 4.] See TBMP § 305.
NOTES:
1. See 37 CFR § 2.104(b).
2. See 37 CFR § 2.112(b).
3. See, e.g., Nabisco Brands Inc. v. Keebler Co., 28 USPQ2d 1237, 1238 n.2 (TTAB 1993) (combined opposition and cancellation).
4. Cf. 37 CFR § 2.104(b) and 37 CFR § 2.112(b).