`
`
`
`JMM
`
`
`
`
`
`
`
`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
`
`March 27, 2024
`
`Cancellation No. 92081334
`
`Edge Games, Inc.
`
`v.
`
`Microsoft Corporation
`
`
`
`By the Trademark Trial and Appeal Board:
`
`On February 22, 2024, Respondent filed a motion for an extension of time to
`
`respond to discovery, 20 TTABVUE, which Respondent withdrew on February 23,
`
`2024. Accordingly, Respondent’s motion for an extension of time, 20 TTABVUE, and
`
`Petitioner’s response thereto, 21 TTABVUE, will receive no further consideration.
`
`On March 25, 2024, Petitioner filed a “Motion That Petitioner’s Requests For
`
`Admission Be Deemed Admitted For Lack of Timely Response,” 23 TTABVUE.
`
`Petitioner’s motion is procedurally improper and therefore denied.
`
`Fed. R. Civ. P. 36(a)(3) states that “[a] matter is admitted unless, within 30 days
`
`after being served, the party to whom the request is directed serves on the requesting
`
`party a written answer or objection addressed to the matter and signed by the party
`
`or its attorney.” See also Giersch v. Scripps Networks, Inc., 85 USPQ2d 1306, 1307–
`
`09 (TTAB 2007). Thus, if a party fails to respond to requests for admission by the
`
`
`
`
`
`Cancellation No. 92081334
`
`
`deadline, the requests stand admitted by operation of Fed. R. Civ. P. 36(a)(3). See
`
`TRADEMARK TRIAL AND APPEAL BOARD MANUAL OF PROCEDURE (TBMP) § 524.01
`
`(2023) (“If no response is timely served to a request for admission, the matter is
`
`automatically deemed admitted, and no motion is necessary.”). In addition, to the
`
`extent that Petitioner seeks “judgment in this matter” as a result of admissions
`
`deemed admitted,1 Petitioner must file an appropriate motion for summary
`
`judgment.
`
`Trial dates remain as previously set:
`
`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
`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
`
`IMPORTANT TRIAL AND BRIEFING INSTRUCTIONS
`
`4/11/2024
`5/11/2024
`6/25/2024
`8/9/2024
`8/24/2024
`10/8/2024
`10/23/2024
`11/22/2024
`1/21/2025
`2/20/2025
`3/7/2025
`3/17/2025
`
`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, the
`
`1 23 TTABVUE 5.
`
`
`
`
`
`2
`
`
`
`Cancellation No. 92081334
`
`
`manner and timing of taking testimony, matters in evidence, 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). The briefs should cite to the TTABVUE record created during trial by docket entry
`
`and page number - e.g., 8 TTABVUE 3 - to facilitate the Board’s review of the evidence
`
`at final hearing. See TBMP § 801.03. 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).
`
`
`
`3
`
`
