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FRED BEVERAGES, INC. v. FRED'S CAPITAL MANAGEMENT CO.

No. 2010-1007. Cancellation No. 92048454.

605 F.3d 963 (2010)

FRED BEVERAGES, INC., Appellant, v. FRED'S CAPITAL MANAGEMENT COMPANY, Appellee.

United States Court of Appeals, Federal Circuit.

May 12, 2010.

Attorney(s) appearing for the Case

H. Jay Spiegel, H. Jay Spiegel & Associates, of Mount Vernon, VA, argued for appellant.

Simor L. Moskowitz, Jacobson Holman PLLC, of Washington, DC, argued for appellee. With him on the brief was Matthew J. Cuccias.

Before MICHEL, Chief Judge, CLEVENGER and PROST, Circuit Judges.

PROST, Circuit Judge.

This case presents an appeal from a Trademark Trial and Appeal Board ("TTAB") decision denying a motion for leave to amend a pending petition to cancel a trademark. The TTAB found that Fred Beverages, Incorporated, failed to perfect its Motion for Leave to Amend the Petition for Cancellation because it did not submit the cancellation fee corresponding to the product classes it sought to add through the desired amendment. Because we conclude that...

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