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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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`December 17, 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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`Nicole Thier, Paralegal Specialist:
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`The Board notes Applicant’s answer to the notice of opposition, filed on December
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`15, 2024.
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`The answer fails to include proof of service on the other party or parties, as
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`required by Trademark Rule 2.119(a). Any future submission that does not include
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`proof of service may be denied consideration.
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`All submissions filed in Board inter partes proceedings must be served upon the
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`other party or parties, and accompanied by a statement signed by the attorney or
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`other authorized representative, attached to or appearing on the original submission
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`when filed, clearly stating the date and manner in which service was made. See
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`Trademark Rule 2.119(a); TBMP § 113.03. The statement will be accepted as prima
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`facie proof of service, must be signed and dated, and should take the form of a
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`certificate of service as follows:
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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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`The Board has made no determination regarding the substantive sufficiency of the
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`answer or whether it complies with Fed. R. Civ. P. 8(b) and Trademark Rule
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`2.106(b)(2)/2.114(b)(2). Applicant/Respondent should check what was filed to assure
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`that the answer meets the requirements of these authorities. See TBMP § 311.02.
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`At the following link to TTABVUE, the parties may view all submissions in this
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`proceeding: https://ttabvue.uspto.gov.
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`Conferencing, disclosure, discovery and testimony dates remain as previously set
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`forth in the Board’s order dated November 27, 2024.
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`Generally, the Federal Rules of Evidence, Federal Rules of Civil Procedure and
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`Trademark Rules of Practice apply to Board trials. Trial testimony is taken and
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`introduced out of the presence of the Board during the assigned testimony periods.
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`The parties may stipulate to a wide variety of matters, and many requirements
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`relevant to the trial phase of Board proceedings are set forth in Trademark Rules
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`2.121 through 2.125. These include pretrial disclosures, matters in evidence, the
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`manner and timing of taking testimony, and the procedures for submitting and
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`serving testimony and other evidence, including affidavits, declarations, deposition
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`transcripts and stipulated evidence. Trial briefs shall be submitted in accordance
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`with Trademark Rules 2.128(a) and (b). Oral argument at final hearing will be
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`2
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`Opposition No. 91294278
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`scheduled only upon the timely submission of a separate notice as allowed by
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`Trademark Rule 2.129(a).
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`It is the responsibility of each party to ensure that at all times the Board has the
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`party’s current correspondence address, including an email address. TBMP § 117.07.
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`3
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