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The Guardian Life Insurance Company of America v. Pacific Guardian Life Insuran...

Docket 91272887, Trademark Trial and Appeal Board (Nov. 12, 2021)
Case TypeOpposition
MarksPACIFIC GUARDIAN LIFE, THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, THE GUARDIAN ADVANTAGE, THE GUARDIAN, GUARDIAN
Applicant Pacific Guardian Life Insurance Company, Limited
Opposer The Guardian Life Insurance Company of America
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No. 10 - Extension of Time Granted

Document The Guardian Life Insurance Company of America v. Pacific Guardian Life Insurance Company, Limited, 91272887, No. 10 (T.T.A.B. Mar. 17, 2022)
March 17, 2022 Proceeding No. 91272887 The Guardian Life Insurance Company of America
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).
1 To facilitate accuracy, ESTTA provides thumbnails to view each page before submitting.
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No. 8 - Extension of Time Granted

Document The Guardian Life Insurance Company of America v. Pacific Guardian Life Insurance Company, Limited, 91272887, No. 8 (T.T.A.B. Feb. 18, 2022)
February 18, 2022 Proceeding No. 91272887 The Guardian Life Insurance Company of America
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).
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 The Guardian Life Insurance Company of America v. Pacific Guardian Life Insurance Company, Limited, 91272887, No. 2 (T.T.A.B. Nov. 12, 2021)
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.
Licensed Attorney for Foreign Trademark Applicants 1 To facilitate accuracy, ESTTA provides thumbnails to view each page before submitting.
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No. 9 - The Guardian Life Insurance Company of America Motion for Ext with Consent

Document The Guardian Life Insurance Company of America v. Pacific Guardian Life Insurance Company, Limited, 91272887, No. 9 (T.T.A.B. Mar. 17, 2022)
Trademark Trial and Appeal Board Electronic Filing System.
Proceeding No. 91272887 Filing Party Other Party Plaintiff The Guardian Life Insurance Company of America Defendant Pacific Guardian Life Insurance Company, Limited Pending Motion There is no motion currently pending and no other motion is being filed concur- rent with this consent motion.
Consent Motion to Extend The Initial Disclosures Due is currently set to close on 03/22/2022.
The Guardian Life Insurance Company of America requests that such date be extended for 60 days, or until 05/21/2022, and that all subsequent dates be reset accordingly.
05/21/2022 09/18/2022 10/18/2022 12/02/2022 01/16/2023 01/31/2023 03/17/2023 04/01/2023 05/01/2023 06/30/2023 07/30/2023 08/14/2023 08/24/2023 The grounds for this request are as follows: - Parties are engaged in settlement discussions The Guardian Life Insurance Company of America has secured the express consent of all other parties to this proceeding for the extension and resetting of dates requested herein.
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No. 7 - The Guardian Life Insurance Company of America Motion for Ext with Consent

Document The Guardian Life Insurance Company of America v. Pacific Guardian Life Insurance Company, Limited, 91272887, No. 7 (T.T.A.B. Feb. 18, 2022)
Trademark Trial and Appeal Board Electronic Filing System.
Proceeding No. 91272887 Filing Party Other Party Plaintiff The Guardian Life Insurance Company of America Defendant Pacific Guardian Life Insurance Company, Limited Pending Motion There is no motion currently pending and no other motion is being filed concur- rent with this consent motion.
Consent Motion to Extend The Initial Disclosures Due is currently set to close on 02/20/2022.
The Guardian Life Insurance Company of America requests that such date be extended for 30 days, or until 03/22/2022, and that all subsequent dates be reset accordingly.
03/22/2022 07/20/2022 08/19/2022 10/03/2022 11/17/2022 12/02/2022 01/16/2023 01/31/2023 03/02/2023 05/01/2023 05/31/2023 06/15/2023 06/25/2023 The grounds for this request are as follows: - Parties are engaged in settlement discussions The Guardian Life Insurance Company of America has secured the express consent of all other parties to this proceeding for the extension and resetting of dates requested herein.
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No. 4 - Answer

Document The Guardian Life Insurance Company of America v. Pacific Guardian Life Insurance Company, Limited, 91272887, No. 4 (T.T.A.B. Dec. 22, 2021)
Applicant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in Paragraphs A, A.1, A.2, A.3, and 15 of the Notice of Opposition, and therefore denies the same and any implications arising therefrom.
With regard to the allegations in Paragraph A.4 of the Notice of Opposition, Applicant responds that the online records of the U.S. Patent & Trademark Office identifying Opposer as the owner of record of the registrations noted in Paragraph A.4 of the Notice of Opposition speak for themselves, and therefore Applicant denies each and every allegation in Paragraph A.4 that is incomplete, inaccurate, and/or contrary to the online records of the U.S. Patent & Trademark Office, and leaves Opposer to its proof.
To the extent an answer is required, Applicant states that it is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in Paragraphs BB.11 and B.12 of the Notice of Opposition and therefore, denies the same and leaves Opposer to its proof.
Applicant denies that Opposer is entitled to any of the relief requested in the unnumbered paragraph on Page 6 of the Notice of Opposition.
Applicant intends to rely upon any further defenses, including but not limited to unclean hands, laches, estoppel, acquiescence, and affirmative defenses set forth in Rules 8(c), 9, 12(b), and 12(h) of the Federal Rules of Civil Procedure, or as provided by law or statute, which apply and which are not alleged in this Answer to Notice of Opposition.
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No. 1 - Filed and Fee

Document The Guardian Life Insurance Company of America v. Pacific Guardian Life Insurance Company, Limited, 91272887, No. 1 (T.T.A.B. Nov. 12, 2021)
... NONE Word Mark Design Mark Description of Mark Goods/Services GUARDIAN NONE Class 036. First use: First Use: 1918/00/00 First Use In Commerce: 1918/00/00 insurance services, namely individual life insurance underwriting ...
... NONE Word Mark Design Mark Description of Mark Goods/Services THE GUARDIAN ADVANTAGE NONE Class 036. First use: First Use: 1996/09/00 First Use In Commerce: 1996/09/00 insurance underwriting services, namely, annuities ...
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