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Maxnomic GmbH v. XiaoHua Ji

Docket 91273260, Trademark Trial and Appeal Board (Dec. 3, 2021)
Case TypeOpposition
MarksMAXNOMIC, HAPNOMIC
Applicant XiaoHua Ji
Opposer Maxnomic GmbH
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No. 5 - Board Decision: Opposition Sustained

Document Maxnomic GmbH v. XiaoHua Ji, 91273260, No. 5 (T.T.A.B. Mar. 4, 2022)
Trademark Trial and Appeal Board P.O.
By the Trademark Trial and Appeal Board: On January 23, 2022, the Board issued a notice of default to Applicant because no answer had been filed.
No response to the notice of default has been filed.
Accordingly, judgment by default is hereby entered against Applicant, the opposition is sustained, and registration to Applicant is refused.
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No. 4 - Notice of Default

Document Maxnomic GmbH v. XiaoHua Ji, 91273260, No. 4 (T.T.A.B. Jan. 23, 2022)
An answer to the notice of opposition was due in this proceeding on January 12, 2022.
Inasmuch as it appears that no answer has been filed, nor has Applicant filed a motion to further extend the time to file an answer, notice of default is hereby entered against Applicant pursuant to Fed. R. Civ.
Applicant is allowed until thirty days from the date of this order to show cause why judgment by default should not be entered against Applicant in accordance with Fed. R. Civ.
The failure to file a timely answer tolls all deadlines, including the discovery conference, until the issue of default is resolved.
The schedule for the discovery conference, initial disclosures, discovery and trial will be reset in the event that the Board resumes proceedings.
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No. 2 - Notice and Trial Dates Sent; Answer Due:

Document Maxnomic GmbH v. XiaoHua Ji, 91273260, No. 2 (T.T.A.B. Dec. 3, 2021)
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.
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No. 1 - Filed and Fee

Document Maxnomic GmbH v. XiaoHua Ji, 91273260, No. 1 (T.T.A.B. Dec. 3, 2021)
... loudspeaker boxes U.S. Registration No. 4409272 Registration Date 10/01/2013 Word Mark Design Mark MAXNOMIC Application Date 01/09/2013 Foreign Priority Date 10/09/2012 Description of Mark Goods/Services NONE ...
... loudspeaker boxes U.S. Registration No. 4409273 Registration Date 10/01/2013 Word Mark Design Mark MAXNOMIC Application Date 01/09/2013 Foreign Priority Date 10/08/2012 Description of Mark Goods/Services NONE ...
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