[E-trademarks] moot versus without prejudice?

[daniel at keganlaw.com]

Might depend on the duration since the earlier case and the second filing, what if any relevant facts/
material circumstances have changed, with solid evidence. Other legal principles might prevent
second apple bite.

Daniel Kegan *  <daniel at keganlaw.com>
KeganLaw * Counsel to Counsel™ * <http://www.keganlaw.com>
We identify, develop, and protect intangible business assets
and counsel other professionals on legal issues.
Balanced Counsel for Smart Clients®
Kennett Square PA 19348-2323 USA

> On May 13, 2024, at 10:37 PM, Carl Oppedahl via E-trademarks <e-trademarks at oppedahl-lists.com> wrote:
> A listserv member asks to post anonymously ...
> Is there a difference in a TTAB order wherein a proceeding is “dismissed as moot” versus “dismissed without prejudice”?  With respect to “difference”, I mean terms of ability to file a new opposition if the applicant files a new application for the same mark/goods.  It seems to me that there is no difference but I would appreciate others' thoughts.

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