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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
`
`June 27, 2024
`
`Opposition No. 91290037
`
`iFit Inc.1
`
`v.
`
`Sebastian Wierzgacz2
`
`
`
`Ellen Yowell, Lead Paralegal Specialist:
`
`Opposer’s consented motion, filed June 18, 2024, to extend disclosure, discovery,
`
`and trial dates is granted.3 Trademark Rule 2.127(a).
`
`The proceeding schedule is reset in accordance with Opposer’s motion, as follows:
`
`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
`
`1 The record has been updated to reflect Opposer’s notice of appearance filed on June 14,
`2024. 7 TTABVUE.
`
`11/4/2024
`12/4/2024
`1/18/2025
`3/4/2025
`3/19/2025
`5/3/2025
`
` 2
`
` The record has been updated to reflect Applicant’s notice of appearance (4 TTABVUE) and
`change of correspondence address (6 TTABVUE), both filed on April 4, 2024.
`
` 3
`
` 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).
`
`
`
`
`
`Opposition No. 91290037
`
`
`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
`
`5/18/2025
`6/17/2025
`8/16/2025
`9/15/2025
`9/30/2025
`10/10/2025
`
`
`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. These include pretrial disclosures, matters in
`
`evidence, the manner and timing of taking testimony, 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). 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).
`
`TIPS FOR FILING EVIDENCE, TESTIMONY, OR LARGE DOCUMENTS
`
`The Board requires each submission to meet the following criteria before it will be
`
`considered: 1) pages must be legible and easily read on a computer screen; 2) page
`
`orientation should be determined by its ease of viewing relevant text or evidence, for
`
`example, there should be no sideways or upside-down pages; 3) pages must appear in
`
`their proper order; 4) depositions and exhibits must be clearly labeled and numbered
`
`– use separator pages between exhibits and clearly label each exhibit using sequential
`
`letters or numbers; and 5) the entire submission should be text-searchable.
`
`
`
`2
`
`
`
`Opposition No. 91290037
`
`
`Additionally, submissions must be compliant with Trademark Rules 2.119 and 2.126.
`
`Submissions failing to meet all of the criteria above may require re -filing. Note:
`
`Parties are strongly encouraged to check the entire document before filing. 4 The
`
`Board will not extend or reset proceeding schedule dates or other deadlines to allow
`
`time to re-file documents. For more tips and helpful filing information, please visit
`
`the ESTTA help webpage.
`
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`4 To facilitate accuracy, ESTTA provides thumbnails to view each page before submitting.
`
`
`
`3
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`
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