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` 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: November 17, 2017
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`Opposition No. 91235530 (Parent)
`Cancellation No. 92066690
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`Apple Inc.
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`v.
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`Ora Inc.
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`Ann Linnehan, Attorney
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`On October 18, 2017, Apple Inc. filed a consented motion to extend all remaining
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`deadlines and a motion to consolidate Opposition No. 91235530 and Cancellation No.
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`92066690.1 The Board notes initially that Ora Inc. has not yet filed its answer in
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`Cancellation No. 92066690.2
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`When cases involving common questions of law or fact are pending before the
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`Board, the Board may order consolidation of the cases. See Fed. R. Civ. P. 42(a); Re-
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`gatta Sport Ltd. v. Telux-Pioneer Inc., 20 USPQ2d 1154 (TTAB 1991); and Estate of
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`1 A review of the record reveals that the above-referenced request for consolidation was orig-
`inally filed in conjunction with the petition for cancellation of the involved registrations.
`However, because the cancellation proceeding was not yet matured, the request for consoli-
`dation could not have been processed. Petitioner should have filed its request for consolida-
`tion once the cancellation proceedings matured. Additionally, Petitioner's request to consoli-
`date which was originally filed with the petition for cancellation of involved registration did
`not indicate proof of service of a copy of same on Respondent or its counsel, as required by
`Trademark Rule 2.119. All future communication with the Board must comply with the Rule.
`2 Applicant has filed its answer to the notice of opposition on September 20, 2017.
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`Opposition No. 91235530 (Parent) and Cancellation No. 92066690
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`Biro v. Bic Corp., 18 USPQ2d 1382 (TTAB 1991). In determining whether to consoli-
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`date proceedings, the Board will weigh the savings in time, effort, and expense which
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`may be gained from consolidation, against any prejudice or inconvenience which may
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`be caused thereby.
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`Consolidation is discretionary with the Board, and may be ordered upon motion
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`granted by the Board, or upon stipulation of the parties approved by the Board, or
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`upon the Board's own initiative. See, e.g., Hilson Research Inc. v. Society for Human
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`Resource Management, 27 USPQ2d 1423 (TTAB 1993); and Regatta Sport Ltd. v.
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`Telux-Pioneer Inc., 20 USPQ2d 1154 (TTAB 1991).
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`The parties to these proceedings are identical, and the issues are similar or re-
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`lated. Accordingly, the motion to consolidate is granted. Opposition No. 91235530 and
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`Cancellation No. 92066690 are hereby consolidated and may be presented on the
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`same record and briefs. See Hilson Research Inc. v. Society for Human Resource Man-
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`agement, supra; and Helene Curtis Industries Inc. v. Suave Shoe Corp., 13 USPQ2d
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`1618 (TTAB 1989).
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`The Board file will be maintained in Opposition No. 91235530 as the “parent case.”
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`From this point on, only a single copy of all motions and submissions should be filed,
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`and each submission should be filed in the parent case only, but caption all consoli-
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`dated proceeding numbers, listing and identifying the parent case first. However, in-
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`asmuch as these proceedings are being consolidated prior to joinder of the issues in
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`each proceeding, Ora Inc. should file its answer in Cancellation No. 92066690 before
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`2
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`Opposition No. 91235530 (Parent) and Cancellation No. 92066690
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`commencing the practice of filing a single copy of all submissions in the parent case.3
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`Answer must be filed through ESTTA, the Board’s Electronic System for Trademark
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`Trials and Appeals. See Trademark Rules 2.106(b)(1) and 2.114(b)(1).
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`Despite being consolidated, each proceeding retains its separate character and re-
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`quires entry of a separate judgment. The decision on the consolidated cases shall take
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`into account any differences in the issues raised by the respective pleadings; a copy
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`of the decision shall be placed in each proceeding file.
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`Upon consolidation, the Board will reset dates for the consolidated proceeding,
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`usually by adopting the dates as set in the most recently instituted of the cases being
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`consolidated. Answer, discovery, conferencing, disclosure and trial dates remain as
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`set forth in Cancellation No. 92066690 and for the convenience of the parties is copied
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`below.4
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`Answer due in Cancellation No. 92066690
`Deadline for Discovery Conference
`Discovery Opens
`Initial Disclosures Due
`Expert Disclosures Due
`Discovery Closes
`Plaintiff's Pretrial Disclosures Due
`Plaintiff's 30-day Trial Period Ends
`Defendant's Pretrial Disclosures Due
`Defendant's 30-day Trial Period Ends
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`3 The parties should promptly inform the Board of any other Board proceedings or related
`cases within the meaning of Fed. R. Civ. P. 42, so that the Board can consider whether further
`consolidation is appropriate.
`4 In view of the instant order, and the extension of time filed and granted in cancellation No.
`92066690 on October 24, 2017, Opposer’s motion for extension of time filed concurrently with
`the motion for consolidation of the above captioned proceedings is moot and will receive no
`further consideration.
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`11/24/2017
`12/24/2017
`12/24/2017
`1/23/2018
`5/23/2018
`6/22/2018
`8/6/2018
`9/20/2018
`10/5/2018
`11/19/2018
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`3
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`Opposition No. 91235530 (Parent) and Cancellation No. 92066690
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`Plaintiff's Rebuttal Disclosures Due
`Plaintiff's 15-day Rebuttal Period Ends
`Plaintiff's Opening Brief Due
`Defendant's Brief Due
`Plaintiff's Reply Brief Due
`Request for Oral Hearing (optional) Due
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`Generally, the Federal Rules of Evidence apply to Board trials. Trial testimony is
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`12/4/2018
`1/3/2019
`3/4/2019
`4/3/2019
`4/18/2019
`4/28/2019
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`taken and introduced out of the presence of the Board during the assigned testimony
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`periods. The parties may stipulate to a wide variety of matters, and many require-
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`ments relevant to the trial phase of Board proceedings are set forth in Trademark
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`Rules 2.121 through 2.125. These include pretrial disclosures, matters in evidence,
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`the manner and timing of taking testimony, and the procedures for submitting and
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`serving testimony and other evidence, including affidavits, declarations, deposition
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`transcripts and stipulated evidence. Trial briefs shall be submitted in accordance
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`with Trademark Rules 2.128(a) and (b). Oral argument at final hearing will be sched-
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`uled only upon the timely submission of a separate notice as allowed by Trademark
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`Rule 2.129(a).
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`4
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