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
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`Mailed: January 13, 2015
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`SALOMON V. BAGDADI
`SALOMON V. BAGDADI, P.A.
`2150 NW 19TH AVE STE 305
`MIAMI, FL 33142-7448
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`Opposition No. 91220146
`Serial No. 86009299
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`Juice & Java Boca, LLC
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`v.
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`Juice & Java, Inc.
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`Jason A. Fischer
`Bryn & Associates, P.A.
`2 South Biscayne Blvd., Suite 2680
`Miami, FL 33131
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`ESTTA649767
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`The opposer (plaintiff) identified above has filed a notice of opposition to the
`registration sought by the above-identified application filed by applicant
`(defendant). Opposer has certified that it served a copy of the notice of
`opposition on applicant, or its attorney or domestic representative of record,
`as required by Trademark Rule 2.101(a). The electronic version of the notice
`of opposition, and of the entire proceeding, is viewable on the Board’s web
`page via the TTABVUE link:
`http://ttabvue.uspto.gov/ttabvue/v?qs=91220146.
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`APPLICANT MUST FILE AND SERVE ANSWER
`As required in the schedule set forth below, applicant must file an answer
`within forty (40) days from the mailing date of this order. (For
`guidance regarding when a deadline falls on a Saturday, Sunday or federal
`holiday, see Trademark Rule 2.196.) Applicant’s answer must comply with
`Fed. R. Civ. P. 8(b), must contain admissions or denials of the allegations in
`the notice of opposition, and may
`include available defenses and
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`counterclaims. For guidance regarding the form and content of an answer,
`see Trademark Rule 2.106(b), and TBMP §§ 311.01 and 311.02. Failure to file
`a timely answer may result in entry of default judgment and the
`abandonment of the application.
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`SERVICE OF ANSWER AND OF ALL FILINGS
`The answer, and all other filings in this proceeding, must be served in a
`manner specified in Trademark Rule 2.119(b), and must include proof of
`service. For guidance regarding the service and signing of all filings, see
`TBMP §§ 113-113.04. As noted in TBMP § 113.03, proof of service should be
`in the following certificate of service form:
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`I hereby certify that a true and complete copy of the foregoing (insert
`title of submission) has been served on (insert name of opposing counsel
`or party) by mailing said copy on (insert date of mailing), via First
`Class Mail, postage prepaid (or insert other appropriate method of
`delivery) to: (set out name and address of opposing counsel or party).
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`Signature__________________________
`Date_______________________________
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`The parties may agree to forward service copies by electronic transmission,
`e.g., e-mail. See Trademark Rule 2.119(b)(6) and TBMP §113.04. Pursuant
`to Trademark Rule 2.119(c), however, five additional days are afforded only
`to actions taken in response to papers served by first-class mail, "Express
`Mail," or overnight courier, not by electronic transmission.
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`LEGAL RESOURCES AVAILABLE AT WEB PAGE
`Proceedings will be conducted in accordance with the Trademark Rules of
`Practice, set forth in Title 37, part 2, of the Code of Federal Regulations.
`These rules, as well as amendments thereto, the Manual of Procedure
`(TBMP), information on Accelerated Case Resolution (ACR) and Alternative
`Dispute Resolution (ADR), and many Frequently Asked Questions, are
`available on the Board’s web page, at:
`http://www.uspto.gov/trademarks/process/appeal/index.jsp. For a general
`description of Board proceedings, see TBMP §102.03.
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`FILING PAPERS ONLINE
`The link to the Board’s electronic filing system, ESTTA (Electronic System
`for Trademark Trials and Appeals), is at the Board’s web page, at:
`http://estta.uspto.gov/. The Board strongly encourages parties to use
`ESTTA for all filings. ESTTA provides various electronic filing forms; some
`may be used as is, and others may require attachments. For technical
`difficulties with ESTTA, parties may call 571-272-8500. Due to potential
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`technical issues, parties should not wait until the last date of a deadline for
`filing papers. The Board may decline to consider any untimely filing.
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`OPPOSER’S OBLIGATION IF SERVICE IS INEFFECTIVE
`If a service copy of the notice of opposition is returned to opposer as
`undeliverable or opposer otherwise becomes aware that service has been
`ineffective, opposer must notify the Board in writing within ten (10) days of
`the date on which opposer learns that service has been ineffective.
`Notification to the Board may be provided by any means available for filing
`papers with the Board, but preferably should be provided by written notice
`filed through ESTTA. For guidance regarding notice of ineffective service,
`see Trademark Rule 2.101(b) and TBMP § 309.02(c)(1).
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`While opposer is under no obligation to search for current correspondence
`address information for, or investigate the whereabouts of, any applicant
`opposer is unable to serve, if opposer knows of any new address information
`for the applicant, opposer must report the address to the Board. If an
`opposer notifies the Board that a service copy sent to an applicant was
`returned or not delivered, including any case in which the notification
`includes a new address for the applicant discovered by or reported to opposer,
`the Board will give notice under Trademark Rule 2.118.
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`FORMAT FOR ALL FILINGS
`Trademark Rule 2.126 sets forth the required form and format for all filings.
`The Board may decline to consider any filing that does not comply with
`this rule, including, but not limited to motions, briefs, exhibits and deposition
`transcripts.
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`CONFERENCE, DISCOVERY, DISCLOSURE AND TRIAL SCHEDULE
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`Time to Answer
`Deadline for Discovery Conference
`Discovery Opens
`Initial Disclosures Due
`Expert Disclosures Due
`Discovery Closes
`Plaintiff's Pretrial Disclosures
`Plaintiff's 30-day Trial Period Ends
`Defendant's Pretrial Disclosures
`Defendant's 30-day Trial Period Ends
`Plaintiff's Rebuttal Disclosures
`Plaintiff's 15-day Rebuttal Period Ends
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`3
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`2/22/2015
`3/24/2015
`3/24/2015
`4/23/2015
`8/21/2015
`9/20/2015
`11/4/2015
`12/19/2015
`1/3/2016
`2/17/2016
`3/3/2016
`4/2/2016
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`PARTIES ARE REQUIRED TO HOLD DISCOVERY CONFERENCE
`As noted in the schedule above, the parties are required to schedule and to
`participate with each other in a discovery conference by the deadline in the
`schedule. For guidance, see Fed. R. Civ. P. 26(f), Trademark Rule 2.120(a)(2),
`and TBMP § 401.01. In the conference, the parties are required to discuss (1)
`the nature of and basis for their respective claims and defenses, (2) the
`possibility of settling or at least narrowing the scope of claims or defenses,
`and (3) arrangements for disclosures, discovery and introduction of evidence
`at trial, if the parties are unable to settle at this time.
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`Discussion of amendments of otherwise prescribed procedures can include
`limitations on disclosures and/or discovery, willingness to stipulate to facts,
`and willingness to stipulate to more efficient options for introducing at trial
`information or materials obtained through disclosures or discovery.
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`The parties must hold the conference in person, by telephone, or by any
`means on which they agree.
` A Board
`interlocutory attorney or
`administrative trademark judge will participate in the conference, upon
`request of any party, provided that such request is made no later than ten
`(10) days prior to the conference deadline. See Trademark Rule 2.120(a)(2).
`A request for Board participation must be made either through an ESTTA
`filing, or by telephone call to the assigned interlocutory attorney whose name
`is on the TTABVUE record for this proceeding. A party should request Board
`participation only after the parties have agreed on possible dates and times
`for the conference. A conference with the participation of a Board attorney
`will be by telephone, and the parties shall place the call at the agreed date
`and time, in the absence of other arrangements made with the Board
`attorney.
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`PROTECTIVE ORDER FOR CONFIDENTIAL INFORMATION
`The Board's Standard Protective Order is applicable, and is available at:
`http://www.uspto.gov/trademarks/process/appeal/guidelines/stndagmnt.jsp.
`During their conference, the parties should discuss whether they agree to
`supplement or amend the standard order, or substitute a protective
`agreement of their choosing, subject to approval by the Board. See
`Trademark Rule 2.116(g) and TBMP § 412. The standard order does not
`automatically protect a party's confidential information and its provisions for
`the designation of confidential information must be utilized as needed by the
`parties.
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`ACCELERATED CASE RESOLUTION
`During their conference, the parties should discuss whether they wish to seek
`mediation or arbitration, and whether they can stipulate to follow the Board's
`Accelerated Case Resolution (ACR) process for a more efficient and
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`economical means of obtaining the Board’s determination of the proceeding.
`For guidance regarding ACR, see TBMP § 528. Detailed information on ACR,
`and examples of ACR cases and suggestions, are available at the Board's
`webpage, at: http://www.uspto.gov/trademarks/process/appeal/index.jsp.
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`DISCOVERY AND INTERLOCUTORY PROCEDURES
`For guidance regarding discovery, see Trademark Rule 2.120 and TBMP
`Chapter 400, regarding the deadline for and contents of initial disclosures,
`see Trademark Rule 2.120(a)(2) and TBMP § 401.02, and regarding the
`discoverability of various matters, see TBMP § 414. Certain provisions of
`Fed. R. Civ. P. 26 are applicable in modified form. The interlocutory attorney
`has discretion to require the parties, or to grant a request made by one or
`both parties, to resolve matters of concern to the Board, or a contested
`motion, by telephone conference. See Trademark Rule 2.120(i)(1) and TBMP
`§ 502.06(a).
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`TRIAL
`For guidance regarding trial and testimony procedures, see Trademark Rules
`2.121, 2.123 and 2.125, as well as TBMP Chapter 700. The parties should
`review authorities regarding the introduction of evidence during the trial
`phase, including by notice of reliance and by taking testimony from
`witnesses. For instance, any notice of reliance must be filed during the filing
`party's assigned testimony period, with a copy served on all other parties,
`and any testimony of a witness must be both noticed and taken during the
`party's testimony period. A party that has taken testimony must serve on
`each adverse party a copy of the transcript of such testimony, together with
`copies of any exhibits introduced during the testimony, within thirty (30)
`days after completion of the testimony deposition.
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`Briefs shall be filed in accordance with Trademark Rules 2.128(a) and (b). An
`oral hearing is not required, but will be scheduled upon request of any party,
`pursuant to Trademark Rule 2.129. For guidance regarding briefing and an
`oral hearing, see TBMP §§ 801-802.
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`PARTIES NOT REPRESENTED BY COUNSEL
`This proceeding is similar to a civil action in a federal district court. The
`Board strongly advises all parties to secure the services of an attorney who
`is familiar with trademark law and Board procedure. Strict compliance with
`the Trademark Rules of Practice and, where applicable, the Federal Rules of
`Civil Procedure, is required of all parties, whether or not they are
`represented by counsel. Parties not represented by such an attorney are
`directed to read the Frequently Asked Questions, available at the Board’s
`web page: http://www.uspto.gov/trademarks/process/appeal/index.jsp.
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`PARTIES MUST NOTIFY BOARD OF OTHER PENDING ACTIONS
`If the parties are, or during the pendency of this proceeding become, parties
`in another Board proceeding or a civil action involving the same or related
`marks, or involving any issues of law or fact which are also in this
`proceeding, they shall notify the Board immediately, so the Board can
`consider whether consolidation and/or suspension of proceedings
`is
`appropriate. See TBMP § 511.
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