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Proximo Spirits, Inc. v. M2D2 Associates Inc.

Docket 91289569, Trademark Trial and Appeal Board (Feb. 2, 2024)
Case TypeOpposition
MarksTINCUP MOUNTAIN WHISKEY, TIN CUP, TIN CUP, COLORADO. AMERICAN WHISKEY, TIN CUP, TINCUP TCCO., TINCUP 14'ER, TINCUP FOURTEENER, TCCO, TIN T CUP SOCIAL, TINCUP
DeadlineCONFERENCE, DISCOVERY, DISCLOSURE AND TRIAL SCHEDULE 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 3/13/2024 4/12/2024 4/12/2024 5/12/2024 9/9/2024 10/9/2024 11/23/2024 1/7/2025 1/22/2025 3/8/2025 3/23/2025 4/22/2025 6/21/2025 7/21/2025 8/5/2025 8/15/2025
Applicant M2D2 Associates Inc.
Opposer Proximo Spirits, Inc.
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No. 9 - Board Decision: Opposition Sustained

Document Proximo Spirits, Inc. v. M2D2 Associates Inc., 91289569, No. 9 (T.T.A.B. Jul. 24, 2024)
Trademark Trial and Appeal Board P.O.
By the Trademark Trial and Appeal Board: On July 18, 2024, Applicant filed an abandonment of its application Serial No. 97450435.
Trademark Rule 2.135 provides that if, in an inter partes proceeding, the Applicant files an abandonment without the written consent of every adverse party to the proceeding, judgment shall be entered against Applicant.
In view thereof, and because Opposer's written consent to the abandonment is not of record, judgment is entered against Applicant, the opposition is sustained and registration to Applicant is refused.
1 The notice of appearance filed July 18, 2024 on behalf of Applicant is noted and made of record.
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No. 4 - Notice of Default

Document PROXIMO SPIRITS, INC. v. M2D2 Associates Inc., 91289569, No. 4 (T.T.A.B. Mar. 24, 2024)
By the Trademark Trial and Appeal Board: An answer to the notice of opposition was due in this proceeding on March 13, 2024.
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 PROXIMO SPIRITS, INC. v. M2D2 Associates Inc., 91289569, No. 2 (T.T.A.B. Feb. 2, 2024)
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. 5 - Motion for Relief From Entry of Default Judgment

Document PROXIMO SPIRITS, INC. v. M2D2 Associates Inc., 91289569, No. 5 (T.T.A.B. Apr. 24, 2024)
On February 2, 2024, PROXIMO SPIRITS, INC. filed a Notice of Opposition against the above-referenced trademark application for the mark TIN CUP SOCIAL.
Applicant has meritorious defenses to the claims set forth in the Notice of Opposition and intends to file a complete answer addressing the issues raised therein.
In the present case, Applicant did not understand the consequences of failing to respond to the notice of opposition and miscommunicated their intentions to their attorney, leading to the failure to timely file an answer.
Here, the applicant was working with its graphic designer to create prospective logos and marks to submit to the opposer and its counsel in order to reach a settlement that would appeal to both parties.
The TBMP and Delta Sigma Theta Sorority recognizes that delays in filing an answer due to ongoing settlement negotiations may constitute good cause for setting aside a notice of default.
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No. 1 - Filed and Fee

Document PROXIMO SPIRITS, INC. v. M2D2 Associates Inc., 91289569, No. 1 (T.T.A.B. Feb. 2, 2024)
... None First Use In Commerce: None All goods and services in the class are opposed, namely: Restaurant and bar services Grounds for opposition Priority and likelihood of confusion Trademark Act Section 2(d) Marks cited by opposer as ...
4795904 Register Principal Registration date 08/18/2015 Application date 10/30/2013 Foreign priority date NONE Word mark Design mark Description of mark Goods/services TIN CUP, TINCUP TCCO.
4650544 Register Principal Registration date 12/02/2014 Application date 09/20/2013 Foreign priority date NONE Word mark Design mark Description of mark Goods/services TIN CUP, COLORADO.
4590411 Register Principal Registration date 08/19/2014 Application date 09/19/2013 Foreign priority date NONE Word mark Design mark Description of mark Goods/services TCCO The mark consists of a single line circle with two ...
5581274 Register Principal Registration date 10/09/2018 Application date 06/03/2016 Foreign priority date NONE Word mark Design mark Description of mark Goods/services TINCUP MOUNTAIN WHISKEY The mark consists of the ...
4488773 Register Principal Registration date 02/25/2014 Application date 10/25/2010 Foreign priority date NONE Word mark Design mark Description of mark Goods/services TIN CUP NONE Class 033.
7203090 Register Principal Registration date 10/24/2023 Application date 02/16/2022 Foreign priority date NONE Word mark Design mark Description of mark Goods/services TINCUP FOURTEENER NONE Class 033.
Register Principal Registration date 10/24/2023 Foreign priority date NONE Word mark Design mark Description of mark Goods/services TINCUP 14'ER NONE Class 033.
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No. 8

Document Proximo Spirits, Inc. v. M2D2 Associates Inc., 91289569, No. 8 (T.T.A.B. Jul. 18, 2024)

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No. 7

Document Proximo Spirits, Inc. v. M2D2 Associates Inc., 91289569, No. 7 (T.T.A.B. Jul. 18, 2024)

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