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`UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`TTAB Assistance Center: 571-272-8500
`General Email: TTABInfo@uspto.gov
`
`July 3, 2024
`
`Cancellation No. 92081622
`
`YG Entertainment Inc.1
`
`v.
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`SM Beauty, LLC
`
`
`
`Jacob Vigil, Interlocutory Attorney:
`
`On June 14, 2024, Petitioner filed a stipulated motion2 seeking a limited extension
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`of the discovery deadline for the taking of depositions without changing the dates for
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`trial. Inasmuch as extending the discovery deadline would necessitate resetting the
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`dates for trial, see TBMP § 701 (“plaintiff’s period for presenting its case in chief is
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`scheduled to open 60 days after the close of the discovery period”), the Board
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`construes the motion as seeking to take depositions outside the discovery period and
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`keep trial dates as currently set. In view thereof, the parties’ motion is GRANTED
`
`
`1 Opposer’s appearance of counsel, filed June 7, 2024, is noted and made of record.
`
`2 Petitioner’s filing does not include proof of service. Trademark Rule 2.119(a) states that
`every submission filed in an inter partes proceeding must be served upon the other party or
`parties, and proof of such service must be made before the submission will be considered. See
`TBMP § 113.02. The Board may decline to read or consider any future submission filed by
`Petitioner in this proceeding which does not include proof of service. The Board informed the
`parties of the rules governing service and the service requirement in the notice of institution.
`Trademark Rule 2.119(b) sets forth the manner of service. See also TBMP § 113.04. The
`submission may be accessed via TTABVUE at: https://ttabvue.uspto.gov/ttabvue/.
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`
`
`
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`Cancellation No. 92081622
`
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`to the extent that the parties may take the noticed depositions after the close of
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`discovery up to and including September 20, 2024.
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`All other dates remain as set and are copied below:
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`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
`
`7/12/2024
`8/26/2024
`10/10/2024
`10/25/2024
`12/9/2024
`12/24/2024
`1/23/2025
`3/24/2025
`4/23/2025
`5/8/2025
`5/18/2025
`
`
`Generally, the Federal Rules of Evidence apply to Board trials. Trial testimony is
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`taken and introduced out of the presence of the Board during the assigne d testimony
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`periods. The parties may stipulate to a wide variety of matters, and many
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`requirements relevant to the trial phase of Board proceedings are set forth in
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`Trademark Rules 2.121 through 2.125. These include pretrial disclosures, the
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`manner and timing of taking testimony, matters in evidence, and the procedures for
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`submitting and serving testimony and other evidence, including affidavits,
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`declarations, deposition transcripts and stipulated evidence. Trial briefs shall be
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`submitted in accordance with Trademark Rules 2.128(a) and (b). Oral argument at
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`final hearing will be scheduled only upon the timely submission of a separate notice
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`as allowed by Trademark Rule 2.129(a).
`
`
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`2
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`
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`Cancellation No. 92081622
`
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`TIPS FOR FILING EVIDENCE, TESTIMONY, OR LARGE DOCUMENTS
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`The Board requires each submission to meet the following criteria before it will be
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`considered: 1) pages must be legible and easily read on a computer screen; 2) page
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`orientation should be determined by its ease of viewing relevant text or evidence, for
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`example, there should be no sideways or upside-down pages; 3) pages must appear in
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`their proper order; 4) depositions and exhibits must be clearly labeled and numbered
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`– use separator pages between exhibits and clearly label each exhibit using sequential
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`letters or numbers; and 5) the entire submission should be text-searchable.
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`Additionally, submissions must be compliant with Trademark Rules 2.119 and 2.126.
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`Submissions failing to meet all of the criteria above may require re -filing. Note:
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`Parties are strongly encouraged to check the entire document before filing.3 The
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`Board will not extend or reset proceeding schedule dates or other deadlines to allow
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`time to re-file documents. For more tips and helpful filing information, please visit
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`the ESTTA help webpage.
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`3 To facilitate accuracy, ESTTA provides thumbnails to view each page before submitting.
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`
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`3
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`
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