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
`
`
`
`
`James D. Weinberger
`Fross Zelnick Lehrman & Zissu, P.C.
`866 United Nations Plaza6th Floor
`New York, NY 10017
`
`
`
`December 6, 2016
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`Serial No.: 87074611
`ESTTA TRACKING NO: ESTTA787478
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`
`
`NOTICE: CHANGES TO THE TRADEMARK TRIAL AND APPEAL BOARD
`(“BOARD”) RULES OF PRACTICE WILL BE EFFECTIVE JANUARY 14, 2017
`
`The USPTO published a Notice of Final Rulemaking in the Federal Register on October 7
`2016, at 81 F.R. 69950. It sets forth several amendments to the rules that govern inter
`partes (oppositions, cancellations, concurrent use) and ex parte appeal proceedings.
`
`For complete information, the parties are referred to:
`• The Board’s home page on the uspto.gov website: http://www.uspto.gov/trademarks-
`application-process/trademark-trial-and-appeal-board-ttab
`• The final rule:
`http://www.uspto.gov/sites/default/files/documents/81%20FR%2069950.pdf
`• A chart summarizing the affected rules and changes:
`http://www.uspto.gov/sites/default/files/documents/RulesChart_01_14_17.pdf
`
`
`For all proceedings, including those already in progress on January 14, 2017, some of
`the changes are:
`• All pleadings and submissions must be filed through ESTTA. Trademark Rules
`2.101, 2.102, 2.106, 2.111, 2.114, 2.121, 2.123, 2.126, 2.190 and 2.191.
`• Service of all papers must be by email, unless otherwise stipulated. Trademark Rule
`2.119.
`• Response periods are no longer extended by five days for service by mail. Trademark
`Rule 2.119.
`• Deadlines for submissions to the Board that are initiated by a date of service are 20
`days. Trademark Rule 2.119. Responses to motions for summary judgment remain
`30 days. Similarly, deadlines for responses to discovery requests remain 30 days.
`• All discovery requests must be served early enough to allow for responses prior to
`the close of discovery. Trademark Rule 2.120. Duty to supplement discovery
`responses will continue after the close of discovery.
`
`

`

`• Motions to compel initial disclosures must be filed within 30 days after the deadline
`for serving initial disclosures. Trademark Rule 2.120.
`• Motions to compel discovery, motions to test the sufficiency of responses or
`objections, and motions for summary judgment must be filed prior to the first
`pretrial disclosure deadline. Trademark Rules 2.120 and 2.127.
`• Requests for production and requests for admission, as well as interrogatories, are
`each limited to 75. Trademark Rule 2.120.
`• Testimony may be submitted in the form of an affidavit or declaration. Trademark
`Rules 2.121, 2.123 and 2.125
`• New requirements for the submission of trial evidence and deposition transcripts.
`Trademark Rules 2.122, 2.123, and 2.125.
`
`• For proceedings filed on or after January 14, 2017, in addition to the changes set
`forth above, the Board’s notice of institution constitutes service of complaints.
`Trademark Rules 2.101 and 2.111.
`
`This is only a summary of the significant content of the Final Rule. All parties involved in
`or contemplating filing a Board proceeding, regardless of the date of commencement of the
`proceeding, should read the entire Final Rule.
`
`----------------------------
`
`
`The request to extend time to oppose is granted until 3/8/2017 on behalf of
`
`potential opposer San Francisco Giants Baseball Club LLC.
`
`Please do not hesitate to contact the Trademark Trial and Appeal Board at
`
`(571)272-8500 if you have any questions relating to this extension.
`
`Note from the Trademark Trial and Appeal Board
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`TTAB forms for electronic filing of extensions of time to oppose, notices of opposition,
`
`petition for cancellation, notice of ex parte appeal, and inter partes filings are now
`
`available at http://estta.uspto.gov. Images of TTAB proceeding files can be viewed using
`
`TTABVue at http://ttabvue.uspto.gov.
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