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Academy of Television Arts & Sciences and The National Academy of Television Ar...

Docket 91269706, Trademark Trial and Appeal Board (June 3, 2021)
Case TypeOpposition
MarksEMMY, EMY, EMMYS
Applicant FIZIMED
Opposer Academy of Television Arts & Sciences and The National Academy of Television Arts and Sciences, Inc.
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No. 6 - Extension of Time Granted

Document Academy of Television Arts & Sciences and The National Academy of Television Arts and Sciences, Inc. v. FIZIMED, 91269706, No. 6 (T.T.A.B. Jul. 13, 2021)
Generally, the Federal Rules of Evidence apply to Board trials.
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.
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).
Note: Parties are strongly encouraged to check the entire document before filing.1 The Board will not extend or reset proceeding schedule dates or other deadlines to allow time to re-file documents.
1 To facilitate accuracy, ESTTA provides thumbnails to view each page before submitting.
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No. 2 - Notice and Trial Dates Sent; Answer Due:

Document Academy of Television Arts & Sciences and The National Academy of Television Arts and Sciences, Inc. v. FIZIMED, 91269706, No. 2 (T.T.A.B. Jun. 7, 2021)
An answer filed on paper under these limited circumstances must be accompanied by a Petition to the Directo r (and the required fee under Trademark Rule 2.6).
A request for Board participation must be made either through ESTTA, or by telephone call to the assigned interlocutory attorney named on the TTABVUE record for this proceeding.
During their conference, the parties are to discuss whether they wish to seek mediation or arbitration, and whether they can stipulate to the Board's Accelerated Case Resolution (ACR) process for a more efficient and cost -effective means of obtaining the Board’s determination of the proceeding.
Regarding the scope and limits of discovery, see TBMP 414; discoverable items may include documents, tangible things, and electronically stored information
Regarding the procedures and deadlines for pretrial disclosures and trial, and specifically the noticing, taking, serving and submitting of evidence and testimony, see Trademark Rules 2.120(k), 2.121, 2.122, 2.123 and 2.125, as well as TBMP Chapter 700.
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No. 5 - FIZIMED Motion for Ext with Consent

Document Academy of Television Arts & Sciences and The National Academy of Television Arts and Sciences, Inc. v. FIZIMED, 91269706, No. 5 (T.T.A.B. Jul. 13, 2021)
Trademark Trial and Appeal Board Electronic Filing System.
Plaintiff Academy of Television Arts & Sciences and The National Academy of Television Arts and Sciences, Inc.
Consent Motion to Extend The Time to Answer is currently set to close on 07/17/2021.
FIZIMED requests that such date be extended for 30 days, or until 08/16/2021, and that all subsequent dates be reset accordingly.
Time to Answer Deadline for Discovery Conference Discovery Opens Initial Disclosures Due 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 08/16/2021 09/15/2021 09/15/2021 10/15/2021 02/12/2022 03/14/2022 04/28/2022 06/12/2022 06/27/2022 08/11/2022 08/26/2022 09/25/2022 11/24/2022 12/24/2022 01/08/2023 01/18/2023 The grounds for this request are as follows: - Parties are engaged in settlement discussions FIZIMED has secured the express consent of all other parties to this proceeding for the extension and reset- ting of dates requested herein.
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No. 1 - Filed and Fee

Document Academy of Television Arts & Sciences and The National Academy of Television Arts and Sciences, Inc. v. FIZIMED, 91269706, No. 1 (T.T.A.B. Jun. 3, 2021)
... Cited by Opposer as Basis for Opposition U.S. Registration No. Registration Date 1223363 01/11/1983 Application Date 08/06/1979 Foreign Priority Date NONE Word Mark Design Mark Description of Mark Goods/Services EMMY NONE ...
... NONE Design Mark Description of Mark Goods/Services NONE Class 041. First use: First Use: 1993/09/19 First Use In Commerce: 1993/09/19 Education and entertainment services, namely, a website featuring photograph- ic,audio, ...
... entertainment and educational content U.S. Registration No. Registration Date 5785337 06/25/2019 Word Mark Design Mark EMMYS Application Date 06/26/2018 Foreign Priority Date NONE Description of Mark Goods/Services NONE ...
... and educational content U.S. Application No. Registration Date Word Mark Design Mark 88975059 NONE EMMYS Application Date 06/26/2018 Foreign Priority Date NONE Description of Mark Goods/Services Attachments NONE ...
... REGISTER PUBLISHED FOR OPPOSITION NOTICE OF PUBLICATION NOTICE OF PUBLICATION NON-FINAL ACTION MAILED ASSIGNED TO EXAMINER TM Staff and Location Information TM Staff Information - None ...
25, 2018 TM Staff Information - None File Location 67287 67287 88889 88889 6326 6326 81096 81096 81096 6/3/2021 Trademark Electronic Search System (TESS) United States Patent and Trademark Office Home|Site ...
... DATA ENTERED IN TRAM NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information Current Location: PUBLICATION AND ISSUE SECTION Date in Location: May 21, 2019 Proceedings TM Staff Information - None ...
... DATA ENTERED IN TRAM NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Jun. 25, 2019 Proceedings TM Staff Information - None ...
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No. 4 - FIZIMED Change of Correspondence Address

Document Academy of Television Arts & Sciences and The National Academy of Television Arts and Sciences, Inc. v. FIZIMED, 91269706, No. 4 (T.T.A.B. Jul. 13, 2021)
Trademark Trial and Appeal Board Electronic Filing System.
Change of Correspondence Address Proceeding No. 91269706 Defendant Defendant
Please change the correspondence address for the above party here as follows: Old Correspondence Address New Correspondence Address
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