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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
`General Email: TTABInfo@uspto.gov
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`May 1, 2019
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`Opposition No. 91240209
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`Monster Energy Company
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`v.
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`
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`Ellen Yowell, Paralegal Specialist:
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`Rum Dogs, Inc.
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`Applicant’s consented motion filed April 24, 2019 to extend time to file its answer
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`to the notice of opposition, and reset all subsequent dates, is granted. Trademark
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`Rule 2.127(a).
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`Status Report Required for Future Motions to Suspend or Extend for Settlement
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`The Board retains discretion to condition the approval of a consented or stipulated
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`motion to suspend on the party or parties providing necessary information about the
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`status of settlement talks, discovery activities, or trial activities, as may be
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`appropriate. See Trademark Rule 2.117(c); TBMP §§ 510 and 605.02.
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`Due to the number of extensions approved thus far in this proceeding, the Board
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`imposes a condition on the approval of all future motions to suspend or extend for
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`settlement. Specifically, to establish good cause for all future motions to suspend or
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`extend, the parties must include in the motion a status report setting forth what
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`Opposition No. 91240209
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`specific efforts the parties have made towards settlement during the previous period
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`of suspension or extension. The report must set forth, at a minimum, 1) all dates on
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`which the parties communicated, and the method of each communication (e.g.
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`telephone conferences, emails, in-person meetings), 2) the general nature of each
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`communication, 3) the issues that have been resolved, 4) the issues that remain to be
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`resolved or that remain for trial, and 5) a proposed timetable for resolution of the
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`remaining issues. Appropriately designated confidential information or materials
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`may be filed under seal pursuant to Trademark Rule 2.126(c). See TBMP § 605.02.
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`Due to this requirement, the parties may no longer use the ESTTA “Consent
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`Motions” forms to submit motions to extend or suspend dates for settlement. Rather,
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`the parties must select the “Opposition, Cancellation or Concurrent Use (general
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`filings)” option, the “Scheduling Motions” option, then the “Motion to Suspend for
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`Settlement Discussions” form to which the parties may attach the motion they
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`prepared. The motion must set forth both the required status report and a proposed
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`trial schedule.1 The requirement to use the general filings ESTTA form is limited to
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`consent motions based on settlement discussions, and does not prohibit the use of
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`ESTTA consent forms for other filings.
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`1 When parties stipulate to the rescheduling of a deadline for pretrial disclosures and
`subsequent testimony periods or to the rescheduling of the closing date for discovery and the
`rescheduling of subsequent deadlines for pretrial disclosures and testimony periods, a
`stipulation presented in the form used in a trial order, signed by the parties, or a motion in
`said form signed by one party and including a statement that every other party has agreed
`thereto, shall be submitted to the Board through ESTTA, with the relevant dates set forth
`and an express statement that all parties agree to the new dates. Trademark Rule 2.121(d).
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`2
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`Opposition No. 91240209
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`Absent the required status report, a motion to suspend or extend may be denied,
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`even if consented to by the parties. If the Board denies such a motion, dates may
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`remain as previously set. See TBMP § 509.01(a).
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`Answer, conference, disclosure, discovery and trial dates, are reset as follows:
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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 Due
`Plaintiff's 30-day Trial Period Ends
`Defendant's Pretrial Disclosures Due
`Defendant's 30-day Trial Period Ends
`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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`6/25/2019
`7/25/2019
`7/25/2019
`8/24/2019
`12/22/2019
`1/21/2020
`3/6/2020
`4/20/2020
`5/5/2020
`6/19/2020
`7/4/2020
`8/3/2020
`10/2/2020
`11/1/2020
`11/16/2020
`11/26/2020
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`An answer must be filed through ESTTA, the Board’s Electronic System for
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`Trademark Trials and Appeals. See Trademark Rule 2.106(b)(1).
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`Generally, the Federal Rules of Evidence apply to Board trials. Trial testimony is
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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
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`requirements relevant to the trial phase of Board proceedings are set forth in
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`Trademark Rules 2.121 through 2.125. These include pretrial disclosures, the
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`manner and timing of taking testimony, matters in evidence, and the procedures for
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`submitting and serving testimony and other evidence, including affidavits,
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`declarations, deposition transcripts and stipulated evidence. Trial briefs shall be
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`3
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`Opposition No. 91240209
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`submitted in accordance with Trademark Rules 2.128(a) and (b). Oral argument at
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`final hearing will be scheduled only upon the timely submission of a separate notice
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`as allowed by Trademark Rule 2.129(a).
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`The record has been updated to reflect Applicant’s change of correspondence
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`address filed on April 27, 2018.
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`4
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