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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`February 3, 2017
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`Opposition No. 91231784
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`Jaguar Land Rover Limited
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`v.
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`Shenzhen Huawanda Electronic Co., Ltd.
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`NOTICE OF DEFAULT
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`NOTICE: CHANGES TO THE TRADEMARK TRIAL AND APPEAL BOARD (“BOARD”)
`RULES OF PRACTICE EFFECTIVE JANUARY 14, 2017
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`The USPTO published a Notice of Final Rulemaking in the Federal Register on October 7
`2016, at 81 Fed. Reg. 69950. It sets forth several amendments to the rules that govern
`inter partes (oppositions, cancellations, concurrent use) and ex parte appeal proceedings. A
`correction to the final rule was published on December 12, 2016, at 81 Fed. Reg. 89382.
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`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
` The correction to the final rule:
`http://www.uspto.gov/sites/default/files/documents/81%20FR%2089382.pdf
` A chart summarizing the affected rules and changes:
`http://www.uspto.gov/sites/default/files/documents/2017Rulechangehighlights.pdf
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`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 made by email, unless otherwise stipulated.
`Trademark Rule 2.119.
` Response periods are no longer extended by five days for service by first-class mail,
`Priority Mail Express®, or overnight courier. Trademark Rule 2.119.
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` 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 2.105(a) and 2.113(a).
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`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.
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`An answer to the notice of opposition was due in this proceeding on January 24,
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`2017. Inasmuch as it appears that no answer has been filed, nor has Applicant filed
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`a motion to extend the time to file an answer, notice of default is hereby entered
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`against Applicant pursuant to Fed. R. Civ. P. 55(a).1
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`Applicant is allowed until thirty days from the date of this order to show cause
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`why judgment by default should not be entered against Applicant in accordance
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`with Fed. R. Civ. P. 55(b)(2).
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`1 Inasmuch as Applicant is in default, the parties’ obligations to hold the discovery
`conference, and to serve initial disclosures, are effectively stayed. See TBMP § 312.01.
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`2
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