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`UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`TTAB Assistance Center: 571-272-8500
`General Email: TTABInfo@uspto.gov
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`April 5, 2022
`
`Opposition No. 91274129
`
`Ruby Receptionists, Inc.
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`v.
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`RLabs Europe Ltd
`
`
`
`Yong Oh (Richard) Kim, Interlocutory Attorney:
`
`On March 3, 2022, Applicant filed a proposed amendment to Application
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`Serial No. 88921419 with Opposer’s consent.1
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`By the proposed amendment, Applicant seeks to amend the identifications in
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`International Classes 9 and 42 as follows (additions bolded):
`
`From: Downloadable computer programs for providing information and advice in
`the field of astrology, palmistry, horoscopes, tarot readings, palm readings,
`chiromancy, astronomy, divinatory arts, numerology, cartomancy and
`clairvoyance; Downloadable computer programs for providing access to
`information, advice, food, and exercise databases and calculation tools in
`the fields of fitness, health, nutrition, personal development and self-care;
`Downloadable computer programs for tracking fitness, health, nutrition,
`personal development and self-care; Downloadable computer programs fo r
`monitoring fitness, health, nutrition, personal development and self-care;
`Downloadable computer software for tracking weight, food intake, he althy
`
`
`1 6 TTABVUE. Applicant's filing fails to indicate proof of service on Opposer as required
`by Trademark Rule 2.119. In order to expedite this matter, Opposer is referred to
`https://ttabvue.uspto.gov/ttabvue/v?pno=91274129&pty=OPP&eno=6 to view and obtain a
`copy of the filing. Notwithstanding, strict compliance with Trademark Rule 2.119 is
`required by Applicant in all future papers filed with the Board.
`
`
`
`

`

`Opposition No. 91274129
`
`
`habits and physical activity; downloadable computer software for providing
`information in the fields of weight management, nutrition and healthy
`habits; Downloadable computer programs for digital coloring and
`illustration; Downloadable computer programs for voice changing and
`audio manipulation for entertainment purposes; Recorded computer
`programs for providing information and advice in the field of astrology,
`palmistry, horoscopes, tarot readings, palm readings, chiromancy,
`astronomy, divinatory arts, numerology, cartomancy and clairvoyance;
`Recorded computer programs for providing access to information, advice,
`food, and exercise databases and calculation tools in the fields of fitness,
`health, nutrition, personal development and self-care; Recorded computer
`programs for tracking fitness, health, nutrition, personal development and
`self-care; Recorded computer programs for monitoring fitness, health,
`nutrition, personal development and self-care; Recorded computer software
`for tracking weight, food intake, healthy habits and physical activity;
`Recorded computer software for providing information in the fields of
`weight management, nutrition and healthy habits; Recorded computer
`programs for digital coloring and illustration; Recorded computer programs
`for voice changing and audio manipulation for entertainment purposes;
`Downloadable computer software in the field of fitness, health, nutri tion,
`personal development and self-care; Downloadable computer software in
`the field of astrology, palmistry, horoscopes, tarot readings, palm readings,
`chiromancy, astronomy, divinatory arts, numerology, cartomancy and
`clairvoyance; Downloadable multimedia and interactive software featuring
`graphics, audio and videos in the field of astrology, palmistry, horoscopes,
`tarot readings, palm readings, chiromancy, astronomy, divinatory arts,
`numerology, cartomancy and clairvoyance; Downloadable computer
`application software for mobile phones and tablets for use in providing
`information and advice in the field of information in the field of astrology,
`palmistry, horoscopes, tarot readings, palm readings, chiromancy,
`astronomy, divinatory arts, numerology, cartomancy and clairvoyance;
`Downloadable computer application software for mobile phones and tablets
`for use in providing information and advice in the field of fitness, health,
`nutrition, personal development and self-care; Downloadable computer
`application software for mobile phones and tablets for digital coloring and
`illustration; apparatus for recording, transmission, reception, reproduction
`and processing of sound and images; computer peripherals; mouse mats;
`Downloadable computer application software for mobile phones and tablets
`for voice changing and audio manipulation for entertainment purposes;
`Downloadable electronic publications in the nature of books, magazines,
`journals, newsletters, articles in the field of astrology, palmistry,
`horoscopes, tarot readings, palm readings, chiromancy, astronomy,
`divinatory arts, numerology, cartomancy, clairvoyance, fitness, health,
`nutrition, personal development and self-care, coloring and illustration;
`
`
`
`2
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`

`

`Opposition No. 91274129
`
`
`
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`
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`To:
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`Downloadable images files containing information in the field o f astro lo gy,
`palmistry, horoscopes, tarot readings, palm readings, chiromancy,
`astronomy, divinatory arts, numerology, cartomancy, clairvoyance, fitness,
`health, nutrition, personal development and self-care, coloring and
`illustration; Digital media, namely, downloadable audio files featuring
`information in the field of astrology, palmistry, horoscopes, tarot readings,
`palm readings, chiromancy, astronomy, divinatory arts, numerology,
`cartomancy, clairvoyance, fitness, health, nutrition, personal development
`and self-care, coloring and illustration; Replacement parts and fittings for
`all of the aforementioned goods; in International Class 9.
`
`Information technology consulting services; research and development of
`computer software; computer programming; computer software design;
`writing of computer programs; updating of computer software; installation,
`repair and maintenance of computer software; computer, computer
`systems and computer software consultation and advisory services;
`technical consultancy relating to the selection and use of computer and
`communications hardware; information, advisory and consultancy service s
`relating to the aforesaid; in International Class 42.
`
`Downloadable computer programs for providing information and advice in
`the field of astrology, palmistry, horoscopes, tarot readings, palm readings,
`chiromancy, astronomy, divinatory arts, numerology, cartomancy and
`clairvoyance; Downloadable computer programs for providing access to
`information, advice, food, and exercise databases and calculation tools in
`the fields of fitness, health, nutrition, personal development and self-care;
`Downloadable computer programs for tracking fitness, health, nutrition,
`personal development and self-care; Downloadable computer programs fo r
`monitoring fitness, health, nutrition, personal development and self-care;
`Downloadable computer software for tracking weight, food intake, he althy
`habits and physical activity; downloadable computer software for providing
`information in the fields of weight management, nutrition and healthy
`habits; Downloadable computer programs for digital coloring and
`illustration; Downloadable computer programs for voice changing and
`audio manipulation for entertainment purposes; Recorded computer
`programs for providing information and advice in the field of astrology,
`palmistry, horoscopes, tarot readings, palm readings, chiromancy,
`astronomy, divinatory arts, numerology, cartomancy and clairvoyance;
`Recorded computer programs for providing access to information, advice,
`food, and exercise databases and calculation tools in the fields of fitness,
`health, nutrition, personal development and self-care; Recorded computer
`programs for tracking fitness, health, nutrition, personal development and
`self-care; Recorded computer programs for monitoring fitness, health,
`nutrition, personal development and self-care; Recorded computer software
`
`
`
`3
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`

`

`Opposition No. 91274129
`
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`for tracking weight, food intake, healthy habits and physical activity;
`Recorded computer software for providing information in the fields of
`weight management, nutrition and healthy habits; Recorded computer
`programs for digital coloring and illustration; Recorded computer programs
`for voice changing and audio manipulation for entertainment purposes;
`Downloadable computer software in the field of fitness, health, nutrition,
`personal development and self-care; Downloadable computer software in
`the field of astrology, palmistry, horoscopes, tarot readings, palm readings,
`chiromancy, astronomy, divinatory arts, numerology, cartomancy and
`clairvoyance; Downloadable multimedia and interactive software featuring
`graphics, audio and videos in the field of astrology, palmistry, horoscopes,
`tarot readings, palm readings, chiromancy, astronomy, divinatory arts,
`numerology, cartomancy and clairvoyance; Downloadable computer
`application software for mobile phones and tablets for use in providing
`information and advice in the field of information in the field of astrology,
`palmistry, horoscopes, tarot readings, palm readings, chiromancy,
`astronomy, divinatory arts, numerology, cartomancy and clairvoyance;
`Downloadable computer application software for mobile phones and tablets
`for use in providing information and advice in the field of fitness, health,
`nutrition, personal development and self-care; Downloadable computer
`application software for mobile phones and tablets for digital coloring and
`illustration; apparatus for recording, transmission, reception, reproduction
`and processing of sound and images; computer peripherals; mouse mats;
`Downloadable computer application software for mobile phones and tablets
`for voice changing and audio manipulation for entertainment purposes;
`Downloadable electronic publications in the nature of books, magazines,
`journals, newsletters, articles in the field of astrology, palmistry,
`horoscopes, tarot readings, palm readings, chiromancy, astronomy,
`divinatory arts, numerology, cartomancy, clairvoyance, fitness, health,
`nutrition, personal development and self-care, coloring and illustration;
`Downloadable images files containing information in the field of astro lo gy,
`palmistry, horoscopes, tarot readings, palm readings, chiromancy,
`astronomy, divinatory arts, numerology, cartomancy, clairvoyance, fitness,
`health, nutrition, personal development and self-care, coloring and
`illustration; Digital media, namely, downloadable audio files featuring
`information in the field of astrology, palmistry, horoscopes, tarot readings,
`palm readings, chiromancy, astronomy, divinatory arts, numerology,
`cartomancy, clairvoyance, fitness, health, nutrition, personal development
`and self-care, coloring and illustration; Replacement parts and fittings for
`all of the aforementioned goods; none of the foregoing in the field of
`customer service, virtual receptionist service, call management or
`telephony service; in International Class 9.
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`4
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`

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`Opposition No. 91274129
`
`
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`
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`Information technology consulting services; research and development of
`computer software; computer programming; computer software design;
`writing of computer programs; updating of computer software; installation,
`repair and maintenance of computer software; computer, computer
`systems and computer software consultation and advisory services;
`technical consultancy relating to the selection and use of computer and
`communications hardware; information, advisory and consultancy service s
`relating to the aforesaid; none of the foregoing in the field of
`customer service, virtual receptionist service, call management or
`telephony service; in International Class 42.
`
`Inasmuch as the amendment is clearly limiting in nature as required by
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`Trademark Rule 2.71(a), and because Opposer consents thereto, the amendment is
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`APPROVED and entered. See Trademark Rule 2.133(a).
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`If this resolves the dispute herein, Opposer is allowed until APRIL 30, 2 0 2 2 , to
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`file a withdrawal of the opposition, failing which proceedings will resume on MAY
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`1, 2022, in accordance with the Board’s order of March 1, 2022, and the schedule
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`approved therein.2 That schedule is reproduced below:
`
`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
`
`
`2 5 TTABVUE.
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`
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`5
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`5/6/2022
`6/5/2022
`6/5/2022
`7/5/2022
`11/2/2022
`12/2/2022
`1/16/2023
`3/2/2023
`3/17/2023
`5/1/2023
`5/16/2023
`6/15/2023
`8/14/2023
`9/13/2023
`9/28/2023
`10/8/2023
`
`

`

`Opposition No. 91274129
`
`
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`Generally, the Federal Rules of Evidence apply to Board trials. Trial testimony
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`is taken and introduced out of the presence of the Board during the assigned
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`testimony 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, matters
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`in evidence, the manner and timing of taking testimony, and the pro cedures for
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`submitting and serving testimony and other evidence, including affidavits,
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`declarations, deposition transcripts and stipulated evidence.
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`Trial briefs shall be submitted in accordance with Trademark Rules 2.128(a) and
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`(b). Oral argument at final hearing will be scheduled only upon the timely
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`submission of a separate notice as allowed by Trademark Rule 2.129(a).
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`* * *
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`6
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