`
`
`
`
`
`
`
`
`
`
`
`
`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
`
`
`
`
`
`
`
`
`
`
`
`Mailed: September 14, 2017
`
`Opposition No. 91212905
`Cancellation No. 92058236
`
`EMI (IP) Limited
`
`
`v.
`
`OCC Establishment
`
`
`
`Tyrone Craven, Lead Paralegal Specialist:
`
`
`
`Applicant/Respondent’s consented motion, filed September 5, 2017, to suspend
`
`this proceeding for an additional 60 days is granted for good cause shown.
`
`Because the parties are negotiating for a possible settlement of this case, proceed-
`
`ings are suspended, subject to the right of either party to request resumption at any
`
`time.1 See Trademark Rule 2.117(c), and 2.127(a); and TBMP § 605.02).
`
`If, during the suspension period, either of the parties or their attorneys have a
`
`change of address or email address, the Board should be so informed. See Trademark
`
`Rule 2.18(b)(1).
`
`
`1 The parties should note that if proceedings are suspended for a lengthy period of time pur-
`suant to the filing of several motions to suspend for settlement, the Board retains discretion
`to condition the approval of any future consented or stipulated motion to suspend on a party
`or the parties providing necessary information about the status of settlement talks, discovery
`activities, or trial activities, as may be appropriate. See Trademark Rule 2.117(c).
`
`
`
`
`
`Opposition No. 91212905 & Cancellation No. 92058236
`
`
`In the event that there is no word from either party concerning the progress of
`
`their negotiations, upon conclusion of the suspension period, proceedings shall re-
`
`sume without further notice or order from the Board, upon the schedule set forth in
`
`Applicant/Respondent’s motion.
`
`Any future motion to extend, suspend, or reopen must be supported by a detailed
`
`report to establish good cause by reciting (1) the dates on which the parties have
`
`communicated since the last motion, (2) the method of each communication (e.g., tel-
`
`ephone, email, in-person, etc.), (3) the general nature of each communication, (4) a
`
`list of issues that have been resolved, (5) a list of issues that remain to be resolved or
`
`remain for trial, and (6) a proposed timetable for resolution of the unresolved issues;
`
`failing which, the prospective motion may not be approved, even if consented by the
`
`parties. See TBMP § 510.03(a).
`
`Generally, the Federal Rules of Evidence apply to Board trials. Trial testimony is
`
`taken and introduced out of the presence of the Board during the assigned testimony
`
`periods. The parties may stipulate to a wide variety of matters, and many require-
`
`ments relevant to the trial phase of Board proceedings are set forth in Trademark
`
`Rules 2.121 through 2.125. These include pretrial disclosures, the manner and timing
`
`of taking testimony, matters in evidence, and the procedures for submitting and serv-
`
`ing testimony and other evidence, including affidavits, declarations, deposition tran-
`
`scripts and stipulated evidence. Trial briefs shall be submitted in accordance with
`
`Trademark Rules 2.128(a) and (b). Oral argument at final hearing will be scheduled
`
`
`
`2
`
`
`
`Opposition No. 91212905 & Cancellation No. 92058236
`
`only upon the timely submission of a separate notice as allowed by Trademark Rule
`
`2.129(a).
`
`
`
`3
`
`
