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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
`
`September 10, 2024
`
`Opposition No. 91284519
`
`Apple Inc.
`
`v.
`
`Kabushiki Kaisha Keijitsu
`
`
`
`By the Trademark Trial and Appeal Board:
`
`Opposer’s motion for discovery sanctions (filed July 25, 2024) is GRANTED as
`
`conceded to the extent provided below.1 See Trademark Rules 2.120(h) and 2.127(a).
`
`Accordingly, the following sanctions are imposed:
`
`(1) Applicant is allowed THIRTY DAYS from the date of this order to serve its
`
`initial disclosures;
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`(2) Applicant is allowed THIRTY DAYS from the date of this order in which to
`
`serve verified written responses, without objections on the merits,2 to
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`Opposer’s interrogatories served on May 28, 2024;
`
`
`1 The Board has not given any consideration to judgment as a sanction at this point in the
`proceeding.
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`2 Objections going to the merits of a discovery request include those which challenge the
`request as overly broad, unduly vague and ambiguous, burdensome and oppressive, as
`seeking non-discoverable information on expert witnesses, or as not calculated to lead to the
`discovery of admissible evidence. See TBMP § 410 and authorities cited therein. In contrast,
`claims that information sought by a discovery request is subject to attorney-client or a like
`privilege, or comprises attorney work product, goes not to the merits of the request but to a
`
`
`
`
`
`Opposition No. 91284519
`
`
`(3) Applicant is allowed THIRTY DAYS from the date of this order in which to
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`serve verified written responses, without objections on the merits, to Opposer’s
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`requests for production of documents served on May 28, 2024.
`
`If Applicant fails to comply with this order, Opposer may file a renewed motion
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`for discovery sanctions, including for judgment.
`
`Proceedings are resumed. Dates are reset as follows:
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`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
`
`10/11/2024
`
`11/10/2024
`
`12/25/2024
`
`2/8/2025
`
`2/23/2025
`
`4/9/2025
`
`4/24/2025
`
`5/24/2025
`
`7/23/2025
`
`8/22/2025
`
`9/6/2025
`
`9/16/2025
`
`Generally, the Federal Rules of Evidence apply to Board trials. Trial testimony is
`
`taken and introduced out of the presence of the Board during the assigned testimony
`
`periods. The parties may stipulate to a wide variety of matters, and many
`
`requirements relevant to the trial phase of Board proceedings are set forth in
`
`Trademark Rules 2.121 through 2.125, 37 C.F.R. §§ 2.121-2.125. These include
`
`
`characteristic or attribute of the responsive information. Id. Generally, the Board is not
`inclined to hold a party to have waived the right to make these claims, although such claims
`must be made expressly. See No Fear Inc. v. Rule, Opp. No. 91104503, 2000 TTAB LEXIS, at
`*6 (TTAB 2000).
`
`
`
`2
`
`
`
`Opposition No. 91284519
`
`
`pretrial disclosures, the manner and timing of taking testimony, matters in evidence,
`
`and the procedures for submitting and serving testimony and other evidence,
`
`including affidavits, declarations, deposition transcripts and stipulated evidence.
`
`Trial briefs shall be submitted in accordance with Trademark Rules 2.128(a) and (b),
`
`37 C.F.R. §§ 2.128(a) and (b). Oral argument at final hearing will be scheduled only
`
`upon the timely submission of a separate notice as allowed by Trademark Rule
`
`2.129(a), 37 C.F.R. § 2.129(a).
`
`
`
`3
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`
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