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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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`January 11, 2023
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`Opposition No. 91281624
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`Dude Products, Inc.
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`v.
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`Muuaa, Inc.
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`By the Trademark Trial and Appeal Board:
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`On December 19, 2022, Applicant filed an answer to the opposition and a
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`counterclaim to cancel Opposer’s pleaded Registration Nos. 5656040 and 5795805,
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`and to “cancel” Opposer’s applications Serial Nos. 88482624, 88489483, 88508247,
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`88803589, 88394319, 90475649, 90475653 and 90731445.1
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`I. Counterclaim to “Cancel” Applications
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`The only type of counterclaim that may be entertained by the Board is a
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`counterclaim for cancellation of a registration owned by an adverse party . See
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`TRADEMARK TRIAL AND APPEAL BOARD MANUAL OF PROCEDURE (TBMP) § 313.01
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`(2022) and cases cited therein. The Board has no jurisdiction over Opposer’s pleaded
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`applications. See Home Juice Co. v. Runglin Cos., 231 USPQ 897, 898 n.7 (TTAB
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`1986) (“The Board has no jurisdiction over petitioner’s application for registration.”);
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`1 Applicant’s change of correspondence address filed on November 29, 2022 is noted and
`entered.
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`

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`Opposition No. 91281624
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`Int’l Telephone and Telegraph Corp. v. Int’l Mobile Machines Corp., 218 USPQ 1024,
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`1026 (TTAB 1983) (counterclaim to refuse plaintiff’s pending applications was
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`improper in view of Board’s lack of jurisdiction over applications). Accordingly,
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`Applicant’s counterclaim to cancel Opposer’s applications Serial Nos. 88482624,
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`88489483, 88508247, 88803589, 88394319, 90475649, 90475653 and 90731445 is
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`stricken.2
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`II. Counterclaim to Cancel Registrations
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`Applicant submitted the required fee with respect to their counterclaim to cancel
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`Opposer’s pleaded Registration Nos. 5656040 and 5795805.
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`Opposer and counterclaim defendant, Dude Products, Inc., is allowed until
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`February 10, 2023 to file an answer or otherwise respond to the counterclaim with
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`respect to Registration Nos. 5656040 and 5795805 only. See Trademark Rule
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`2.106(b)(3)(iii).
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`In accordance with the Trademark Rules of Practice, the parties’ obligation to hold
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`their discovery conference by the deadline stated in the prior order is stayed, and
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`conferencing, disclosure, discovery and trial periods are reset as indicated below. See
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`Trademark Rule 2.121(b)(2).
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`Answer to Counterclaim Due
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`Deadline for Discovery Conference
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`Discovery Opens
`Initial Disclosures Due
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`Expert Disclosures Due
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`2/10/2023
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`3/12/2023
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`3/12/2023
`4/11/2023
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`8/9/2023
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`2 If and when Opposer’s pleaded applications mature into registrations, Applicant may file a
`motion for leave to amend its operative pleading under Fed. R. Civ. P. 15(a)(2) to assert a
`counterclaim against them, if appropriate.
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`2
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`Opposition No. 91281624
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`Discovery Closes
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`Pretrial Disclosures Due for Party in Position of Plaintiff in Original
`Claim
`30-day Trial Period Ends for Party in Position of Plaintiff in Original
`Claim
`Pretrial Disclosures Due for Party in Position of Defendant in Original
`Claim and in Position of Plaintiff in Counterclaim
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`9/8/2023
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`10/23/2023
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`12/7/2023
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`12/22/2023
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`30-day Trial Period Ends for Party in Position of Defendant in Original
`Claim, and in Position of Plaintiff in Counterclaim
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`2/5/2024
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`Pretrial Disclosures Due for Rebuttal of Party in Position of Plaintiff in
`Original Claim and in Position of Defendant in Counterclaim
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`2/20/2024
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`30-day Trial Period Ends for Rebuttal of Party in Position of Plaintiff in
`Original Claim, and in Position of Defendant in Counterclaim
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`4/5/2024
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`Pretrial Disclosures Due for Rebuttal of Party in Position of Plaintiff in
`Counterclaim
`15-day Trial Period Ends for Rebuttal of Party in Position of Plaintiff in
`Counterclaim
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`4/20/2024
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`5/20/2024
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`Opening Brief for Party in Position of Plaintiff in Original Claim Due
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`7/19/2024
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`Combined Brief for Party in Position of Defendant in Original Claim
`and Opening Brief as Plaintiff in Counterclaim Due
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`Combined Rebuttal Brief for Party in Position of Plaintiff in Original
`Claim and Brief as Defendant in Counterclaim Due
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`8/18/2024
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`9/17/2024
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`Rebuttal Brief for Party in Position of Plaintiff in Counterclaim Due
`Request for Oral Hearing (optional) Due
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`10/2/2024
`10/12/2024
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`When parties stipulate to the rescheduling of a deadline for pretrial disclosures
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`and subsequent testimony periods or to the rescheduling of the closing date for
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`discovery and the rescheduling of subsequent deadlines for pretrial disclosures and
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`testimony periods, a stipulation presented in the form used in a trial order, signed by
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`the parties, or a motion in said form signed by one party and including a statement
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`that every other party has agreed thereto, shall be submitted to the Board through
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`ESTTA, with the relevant dates set forth and an express statement that all parties
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`agree to the new dates. See Trademark Rule 2.121(d).
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`3
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`

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`Opposition No. 91281624
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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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`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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`TIPS FOR FILING EVIDENCE, TESTIMONY, OR LARGE DOCUMENTS
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`The Board requires each submission to meet the follo wing criteria before it will be
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`considered: 1) pages must be legible and easily read on a computer screen; 2) page
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`orientation should be determined by its ease of viewing relevant text or evidence, for
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`example, there should be no sideways or upside-down pages; 3) pages must appear in
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`their proper order; 4) depositions and exhibits must be clearly labeled and numbered
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`– use separator pages between exhibits and clearly label each exhibit using sequential
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`letters or numbers; and 5) the entire submission should be text-searchable.
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`Additionally, submissions must be compliant with Trademark Rules 2.119 and 2.126.
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`Submissions failing to meet all of the criteria above may require re -filing. Note:
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`4
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`Opposition No. 91281624
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`Parties are strongly encouraged to check the entire document before fi ling.3 The
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`Board will not extend or reset proceeding schedule dates or other deadlines to allow
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`time to re-file documents. For more tips and helpful filing information, please visit
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`the ESTTA help webpage.
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`3 To facilitate accuracy, ESTTA provides thumbnails to view each page before submitting.
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