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`UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`General Contact Number: 571-272-8500
`General Email: TTABInfo@uspto.gov
`
`March 29, 2022
`
`Opposition No. 91275174
`
`Intel Corporation
`
`v.
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`Intelequity LLC
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`
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`Michael Webster, Interlocutory Attorney:
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`On March 22, 2022, the Board forwarded a notice of institution of this proceeding
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`to the parties. On March 23, 2022, Opposer filed a motion to amend its pleading
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`inasmuch as Opposer seeks to correct the spelling of Opposer’s name in this
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`proceeding. In the motion, Opposer explains that during the ESTTA filing process
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`they “inadvertently mistyped Opposer’s name as ‘Iintel Corporation’ rather than the
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`correct spelling of ‘Intel Corporation.’” 4 TTABVUE 2. Accordingly, Opposer’s name
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`on the ESTTA cover sheet of the notice of opposition and in TTABVUE includes a
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`typographical error. Opposer also states that “[t]he spelling of Opposer’s name is
`
`correct throughout the Notice of Opposition itself.”
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`The Board notes that the ESTTA cover sheet is considered part of the complete
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`opposition pleading. See MISCELLANEOUS CHANGES TO TRADEMARK TRIAL AND APPEAL
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`BOARD RULES OF PRACTICE, 81 Fed. Reg. 69950, 69957 (October 7, 2016).
`
`
`
`
`
`Opposition No. 91275174
`
`
`Pursuant to Fed. R. Civ. P. 15(a)(1), made applicable to Board proceedings by
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`Trademark Rule 2.116(a), a party may amend its pleading once as a matter of course
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`within 21 days after serving it, or if the pleading is one to which a responsive pleading
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`is required, 21 days after service of a responsive pleading or 21 days after service of
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`a motion under Fed. R. Civ. P. 12(b), (e) or (f), whichever is earlier. See Trademark
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`Rule 2.107. Further, if a plaintiff in a Board inter partes proceeding, who has
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`misidentified itself in the complaint, can establish that the misidentification was
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`merely a non-substantive mistake, the Board may allow amendment to the complaint
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`pursuant to Fed. R. Civ. P. 15(a). See Mason Eng’g & Design Corp. v. Mateson Chem.
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`Corp., 225 USPQ 956, 957 n.3 (TTAB 1985) (deeming pleadings amended to recite
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`opposer’s correct name); see also TBMP § 512.04.
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`Because Opposer’s request to amend the notice of opposition to correct the spelling
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`of Opposer’s name was filed as a matter of course and the amendment is merely a
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`correction to a non-substantive typographical error, the caption of this proceeding has
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`been updated to reflect the correct spelling of Opposer’s name .
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`The proceeding schedule remains as previously set by the Board’s order of March
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`22, 2022.
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`
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`2
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