Trademark Trial and Appeal Board P.O.

By the Trademark Trial and Appeal Board: In view of Opposer's failure to respond to the Board's September 2, 2021 order, the opposition is dismissed as moot.

An answer filed on paper under these limited circumstances must be accompanied by a Petition to the Director (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 (ESI).

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.

Trademark Trial and Appeal Board Electronic Filing System.

Proceeding No. 91269707 Filing Party Other Party Defendant PDX Aromatics LLC Plaintiff

Consent Motion for Suspension for Settlement The parties are actively engaged in negotiations for the settlement of this matter.

PDX Aromatics LLC re- quests that this proceeding be suspended for 60 days to allow the parties to continue their settlement efforts.

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 09/16/2021 10/16/2021 10/16/2021 11/15/2021 03/15/2022 04/14/2022 05/29/2022 07/13/2022 07/28/2022 09/11/2022 09/26/2022 10/26/2022 12/25/2022 01/24/2023 02/08/2023 02/18/2023 PDX Aromatics LLC has secured the express consent of all other parties to this proceeding for the suspen- sion and resetting of dates requested herein.

... NONE Word Mark Design Mark KRAKEN Date Description of Mark Goods/Services NONE Class 032. First use: First Use: 2012/11/01 First Use In Commerce: 2012/11/01 Non-alcoholic cocktail mix; beer; non-alcoholic malt beverages; ...

First use: First Use: 2009/08/01 First Use In Commerce: 2009/08/01 Rum U.S. Registration No. 3878786 Registration Date 11/23/2010 Application Date 11/04/2009 Foreign Priority Date NONE Word Mark THE KRAKEN THE KRAKEN ...

... NONE Description of Mark Goods/Services NONE Class 033. First use: First Use: 2011/09/19 First Use In Commerce: 2011/09/19 Rum U.S. Registration No. 5046099 Registration Date 09/20/2016 Word Mark Design Mark KRAKEN ...

Denise M. DelGizzi, Chief Clerk of the Board: On July 19, 2021, the Board sustained the opposition against Applicant in Opposition No. 91268577, refusing registration to Applicant of involved application Serial No. 90065500.

The entry of judgment in the other opposition and resulting abandonment of the application does not dictate that judgment automatically be entered in this case, though the application shall remain abandoned.

Opposer is allowed until thirty (30) days from the mailing date of this order to inform the Board whether it wishes to go forward and obtain a judgment on the opposition as to

1 The involved application includes Classes 5 and 30.

If Opposer fails to respond to this order, the opposition will be dismissed as moot.

By the Trademark Trial and Appeal Board: PDX Aromatics LLC’s motion, filed July 15, 2021, to suspend this proceeding for 60 days is granted.

Accordingly, proceedings are suspended, subject to the right of either party to request resumption at any time.1 Trademark Rule 2.117(c).

In the event that there is no word from either party, proceedings shall resume on September 14, 2021 without further notice or order from the Board, upon the schedule set forth in the motion.

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).