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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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`November 27, 2024
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`Opposition No. 91294278
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`Bodegas Caro S.A.
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`v.
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`I Love Daiquiris LLC
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`
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`J. Krisp, Interlocutory Attorney:
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`Discovery and Settlement Conference
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`The Board notes Opposer’s request, filed on November 26, 2024, for the
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`participation of a Board interlocutory attorney in the parties’ required discovery and
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`settlement conference. The request is timely.
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`Applicant, through its representative Steven Brown, filed on November 1, 2024
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`an “answer” to the notice of opposition which does not comply with Fed. R. Civ. P.
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`8(b). 4 TTABVUE 2. In this order, the Board allows Applicant time to file a compliant
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`answer. After the pleadings are closed, the discovery conference will be held.
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`Accordingly, Opposer’s November 26, 2024 request is deferred.
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`Applicant’s Answer Due
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`
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`Opposition No. 91294278
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`As noted, Applicant’s communication filed on November 1, 2024 does not comply
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`with Fed. R. Civ. P. 8(b), which is made applicable to this proceeding by Trademark
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`Rule 2.116(a). Fed. R. Civ. P. 8(b) provides, in part:
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`(b) Defenses; Admissions and Denials.
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`(1) In General. In responding to a pleading, a party must:
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`(A) state in short and plain terms its defenses to each claim asserted against
`it; and
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`(B) admit or deny the allegations asserted against it by an opposing party.
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`(5) Lacking Knowledge or Information. A party that lacks knowledge or
`information sufficient to form a belief about the truth of an allegation must
`so state, and the statement has the effect of a denial.
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`The notice of opposition filed by Opposer consists of nine (9) paragraphs setting
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`forth the basis of Opposer's claim of damage. 1 TTABVUE 3. As stated in the October
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`1, 2024 order instituting this proceeding, in accordance with Fed. R. Civ. P. 8(b)
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`Applicant must file an answer to the notice of opposition by specifically admitting
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`(“Admitted”) or denying (“Denied”) the allegations contained in each
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`paragraph. If Applicant is without sufficient knowledge or information on which to
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`form a belief as to the truth of any one of the allegations, it should so state and this
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`will have the effect of a denial. Trademark Rule 2.106(b)(2). 2 TTABVUE 1-2.
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`In view of the foregoing, Applicant is allowed until thirty days from the date of
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`this order in which to file through ESTTA pursuant to Trademark Rule 2.106(b)(1)1,
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`1 Instructions and forms for filing through ESTTA are available at http://estta.uspto.gov. All
`Board proceeding files can be viewed via TTABVUE at http://ttabvue.uspto.gov.
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`2
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`Opposition No. 91294278
`
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`and serve pursuant to Trademark Rule 2.119(b), an answer which complies with Fed.
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`R. Civ. P. 8(b), failing which the Board may issue a notice of default against Applicant
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`pursuant to Fed. R. Civ. P. 55(a).
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`Schedule
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`Accordingly, time to answer, conference, disclosure, discovery and trial dates are
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`reset as indicated below. The parties shall note that the reset deadline to hold the
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`conference is January 27, 2025; hence, promptly after the answer is filed, the parties
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`are directed to confer and determine some dates and times both are available to hold
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`the conference, then inform the Board interlocutory attorney (571-272-9183, Monday
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`– Friday).
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`
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`Time to Answer
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`Deadline for Discovery Conference with Board
`attorney
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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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`Defendant's Pretrial Disclosures Due
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`Defendant's 30-day Trial Period Ends
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`Plaintiff's Rebuttal Disclosures Due
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`Plaintiff's 15-day Rebuttal Period Ends
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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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`
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`3
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`AS NOTED
`HEREIN.
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`1/27/2025
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`1/27/2025
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`2/26/2025
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`6/26/2025
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`7/26/2025
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`9/9/2025
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`10/24/2025
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`11/8/2025
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`12/23/2025
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`1/7/2026
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`2/6/2026
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`4/7/2026
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`5/7/2026
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`5/22/2026
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`6/1/2026
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`
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`Opposition No. 91294278
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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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`It is the responsibility of each party to ensure that the Board has the party’s
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`current correspondence address, including an email address, at all times. TBMP §
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`117.07.
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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
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`be 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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`4
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`Opposition No. 91294278
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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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`Parties are strongly encouraged to check the entire document and submission
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`before and after filing.2 The Board will not extend or reset proceeding schedule dates
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`or other 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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`Information for pro se party
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`While Patent and Trademark Rule 11.14 permits any person to represent itself, it
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`is strongly advisable for a person who is not acquainted with the technicalities of the
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`procedural and substantive law involved in inter partes proceedings before the Board
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`to secure the services of an attorney who is familiar with such matters. The Patent
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`and Trademark Office cannot aid in the selection of an attorney.
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`Trademark Rules 2.119(a) and (b) require that every submission filed in the
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`Patent and Trademark Office in a proceeding before the Board must be served upon
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`the attorney for the other party, or on the party if there is no attorney, and proof of
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`such service must be made before the submission will be considered by the Board.
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`Consequently, copies of all submissions filed in this proceeding must be accompanied
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`by a signed statement indicating the date and manner in which such service was
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`made. See TBMP § 113.03. The statement, whether attached to or appearing on the
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`submission when filed, will be accepted as prima facie proof of service, must be signed
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`and dated, and should take the form of a certificate of service as follows:
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`2 To facilitate accuracy, ESTTA provides thumbnails to view each page before submitting.
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`
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`5
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`
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`Opposition No. 91294278
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`I hereby certify that a true and complete copy of the foregoing (insert
`title of submission) has been served on (insert name of opposing counsel
`or party) by forwarding said copy on (insert date of mailing), via email
`(or insert other appropriate method of delivery) to: (set out name, and
`address or email address of opposing counsel or party).
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`Signature______
`Date___________
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`It is recommended that any pro se party be familiar with the latest edition of
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`Chapter 37 of the Code of Federal Regulations, which includes the Trademark Rules
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`of Practice. Parties should also be familiar with the Trademark Trial and Appeal
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`Board Manual of Procedure (TBMP), available at http://www.uspto.gov/ttab.
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`Strict compliance with the Trademark Rules of Practice and where applicable, the
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`Federal Rules of Civil Procedure, is expected of all parties before the Board, whether
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`or not they are represented by counsel.
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`6
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