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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 5, 2024
`
`Opposition No. 91295092
`
`Apple Inc.
`
`v.
`
`Shubham Chandra
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`
`
`Nicole Thier, Paralegal Specialist:
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`The answer to the notice of opposition is due December 22, 2024. Applicant filed
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`a communication on November 29, 2024.
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`This communication does not indicate proof of service of a copy of same on counsel
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`for Opposer as required by Trademark Rule 2.119. As e xplained below, strict
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`compliance with Trademark Rule 2.119 is required in all further submissions filed
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`with the Board. The Board may decline to consider any future submission filed in this
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`proceeding by Applicant which does not include proof of service.
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`The Board presumes that this communication is intended as Applicant’s answer
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`to the notice of opposition. However, said communication does not comply with Fed.
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`R. Civ. P. 8(b), which is made applicable to this proceeding by Trademark Rule
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`2.116(a).
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`Fed. R. Civ. P. 8(b) provides, in part:
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`Opposition No. 91295092
`
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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 32 numbered paragraphs
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`setting forth the basis of Opposer's claim of damage. In accordance with Fed. R. Civ.
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`P. 8(b), Applicant must answer the notice of opposition by specifically admitting
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`or denying the allegations contained in each paragraph. If Applicant is
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`without sufficient knowledge or information on which to form a belief as to
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`the truth of any one of the allegations, it should so state and this will have
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`the effect of a denial. Trademark Rule 2.106(b)(2).
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`In view of the foregoing, Applicant is allowed until December 22, 2024 in which
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`to file through ESTTA pursuant to Trademark Rule 2.106(b)(1)1, and serve pursuant
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`to Trademark Rule 2.119(b), an answer which complies with Fed. R. Civ. P. 8(b).
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`Dates remain as previously set forth, noted below:
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`Time to Answer
`Deadline for Discovery Conference
`Discovery Opens
`Initial Disclosures Due
`Expert Disclosures Due
`Discovery Closes
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`12/22/2024
`1/21/2025
`1/21/2025
`2/20/2025
`6/20/2025
`7/20/2025
`
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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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`
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`Opposition No. 91295092
`
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`Plaintiff's Pretrial Disclosures Due
`Plaintiff's 30-day Trial Period Ends
`Defendant's Pretrial Disclosures Due
`Defendant's 30-day Trial Period Ends
`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
`
`9/3/2025
`10/18/2025
`11/2/2025
`12/17/2025
`1/1/2026
`1/31/2026
`4/1/2026
`5/1/2026
`5/16/2026
`5/26/2026
`
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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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`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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`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 generally advisable for a person who is not acquainted with the technicalities of
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`the procedural and substantive law involved in inter partes proceedings before the
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`Board to secure the services of an attorney who is familiar with such matters. The
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`Patent and Trademark Office cannot aid in the selection of an attorney.
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`3
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`
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`Opposition No. 91295092
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`In addition, Trademark Rules 2.119(a) and (b) require that every submission filed
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`in the Patent and Trademark Office in a proceeding before the Board must be served
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`upon the attorney for the other party, or on the party if there is no attorney, and proof
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`of 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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`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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`4
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