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`Baxley
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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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`August 8, 2024
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`Opposition No. 91291719
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`KOBO Labs LLC
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`v.
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`Mark Shields
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`Andrew P. Baxley, Interlocutory Attorney:
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`Applicant’s attorney’s bar information required
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`As of July 6, 2024, Applicant is represented by a new attorney. 6 TTABVUE.
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`Under Patent and Trademark Rule 11.14(a), all practitioners must be an active
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`member in good standing and provide the name of a state in which he or she is an
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`active member in good standing; the date of admission to the bar of the named state;
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`and the bar license number, if one is issued by the named state. Trademark Rule
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`2.17(b)(3). Accordingly, Applicant’s attorney is allowed 30 days from the mailing date
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`of this order to provide the information above using the Change of Address form in
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`ESTTA. See July 8, 2024 order.
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`Opposition No. 91291719
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`Applicant’s motion to extend granted
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`On August 7, 2024, Applicant filed an unconsented motion to extend time to
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`answer for an unspecificed duration.1 Later that day, Opposer’s attorney stated that
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`Opposer had consented to an extension prior to filing of the motion. Accordingly, the
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`motion to extend is granted. Dates are reset as follows.
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`Time to Answer
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`Deadline for Discovery Conference
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`Discovery Opens
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`Initial Disclosures Due
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`Expert Disclosures Due
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`Discovery Closes
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`Plaintiff's Pretrial Disclosures Due
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`Plaintiff's 30-day Trial Period Ends
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`9/6/2024
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`10/6/2024
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`10/6/2024
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`11/5/2024
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`3/5/2025
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`4/4/2025
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`5/19/2025
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`7/3/2025
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`Defendant's Pretrial Disclosures Due
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`7/18/2025
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`Defendant's 30-day Trial Period Ends
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`9/1/2025
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`Plaintiff's Rebuttal Disclosures Due
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`9/16/2025
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`Plaintiff's 15-day Rebuttal Period Ends 10/16/2025
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`Plaintiff's Opening Brief Due
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`Defendant's Brief Due
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`Plaintiff's Reply Brief Due
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`Request for Oral Hearing (optional) Due
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`12/15/2025
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`1/14/2026
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`1/29/2026
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`2/8/2026
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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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`1 Opposer did not indicate whether Applicant consented to the extension sought. Before filing
`the motion, Applicant should have sought Opposer’s consent. If such consent were granted,
`Applicant should have filed a consented motion to extend for a specific duration through
`ESTTA at https://estta.uspto.gov/.
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`2
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`Opposition No. 91291719
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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). Such briefs should
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`utilize citations to the TTABVUE record created during trial, to facilitate the Board’s
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`review of the evidence at final hearing. See TBMP § 801.03. Oral argument at final
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`hearing will be scheduled only upon the timely submission of a separate notice as
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`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
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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.
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`3
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`Opposition No. 91291719
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`Note: Parties are strongly encouraged to check the entire document before filing.2
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`The Board may decline to extend or reset proceeding schedule dates or other
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`deadlines to allow time to re-file documents. For more tips and helpful filing
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`information, please visit the ESTTA help webpage.
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`2 To facilitate accuracy, ESTTA provides thumbnails to view each page before submitting.
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`4
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