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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
`
`January 22, 2024
`
`Opposition No. 91288625
`
`Monster Energy Company
`
`v.
`
`Lococho, LLC
`
`
`
`Karl Kochersperger, Paralegal Specialist:
`
`On January 16, 2024, Applicant filed an answer to the notice of opposition and a
`
`counterclaim to cancel Opposer's pleaded Registration(s) No. 6451182, 6760278,
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`5820689, 5661940, 5114854, 5826919, 5689189, 6724528, 5676514, 5664586, 5114853
`
`and 5570782. Applicant submitted the required fee.
`
`Opposer and counterclaim defendant, Monster Energy Company, is allowed until
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`thirty days from the mailing date of this order to file an answer to the counterclaim.
`
`See Trademark Rule 2.106(b)(3)(iii).
`
`In accordance with the Trademark Rules of Practice, the parties’ obligation to hold
`
`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
`Deadline for Discovery Conference
`
`
`
`2/21/2024
`3/22/2024
`
`

`

`Opposition No. 91288625
`
`
`Discovery Opens
`Initial Disclosures Due
`Expert Disclosures Due
`Discovery Closes
`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
`30-day Trial Period Ends for Party in Position of Defendant in
`Original Claim, and in Position of Plaintiff in Counterclaim
`Pretrial Disclosures Due for Rebuttal of Party in Position of Plaintiff
`in Original Claim and in Position of Defendant in Counterclaim
`30-day Trial Period Ends for Rebuttal of Party in Position of Plaintiff
`in Original Claim, and in Position of Defendant in Counterclaim
`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
`Opening Brief for Party in Position of Plaintiff in Original Claim Due
`Combined Brief for Party in Position of Defendant in Original Claim
`and Opening Brief as Plaintiff in Counterclaim Due
`Combined Rebuttal Brief for Party in Position of Plaintiff in Original
`Claim and Brief as Defendant in Counterclaim Due
`Rebuttal Brief for Party in Position of Plaintiff in Counterclaim Due
`Request for Oral Hearing (optional) Due
`
`3/22/2024
`4/21/2024
`8/19/2024
`9/18/2024
`11/2/2024
`
`12/17/2024
`
`1/1/2025
`
`2/15/2025
`
`3/2/2025
`
`4/16/2025
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`5/1/2025
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`5/31/2025
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`7/30/2025
`8/29/2025
`
`9/28/2025
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`10/13/2025
`10/23/2025
`
`
`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
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`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 incl uding 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).
`
`
`
`2
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`

`

`Opposition No. 91288625
`
`
`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 following 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
`
`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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`
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`3
`
`

`

`Opposition No. 91288625
`
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`Parties are strongly encouraged to check the entire document before filing. 1 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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`1 To facilitate accuracy, ESTTA provides thumbnails to view each page before submitting.
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`
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`4
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`

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