UNITED STATES DEPARTMENT OF COMMERCE
`Patent and Trademark Office
`Trademark Trial and Appeal Board
`2900 Crystal Drive
`Arlington, Virginia 22202-3513
`
`Mailed:
`
`March 2, 2004
`
`Opposition No 91159640
`Serial No. 78216070
`
`Jay H. Geller
`Jay H. Geller, a Prof. Corp.
`West Tower, Suite 40002425 W. Olympic Bl
`Santa Monica, CA 90404
`
`Abbott Laboratories
`
`v.
`
`Bodyonics, Ltd.
`
`Mary L. Winburn
`Abbott Laboratories
`100 Abbott Park Road D377/AP6A-1
`Abbott Park, IL 60064-6008
`
`Pauline Stewart, Legal Assistant
`
`
`A notice of opposition to the registration sought in the above-
`identified application has been filed.
`A copy of the notice is
`attached.
`
`ANSWER IS DUE FORTY DAYS after the mailing date hereof.
`(See Trademark
`Rule 2.196 for expiration date falling on Saturday, Sunday or a
`holiday).
`
`Proceedings will be conducted in accordance with the Trademark Rules of
`Practice, set forth in Title 37, part 2, of the Code of Federal Regulations.
`The parties are reminded of the recent amendments to the Trademark Rules that
`affect the rules of practice before the TTAB.
`See Rules of Practice for
`Trademark-Related Filings Under the Madrid Protocol Implementation Act, 68
`Fed. R. 55,748 (September 26, 2003) (effective November 2, 2003);
`Reorganization of Correspondence and Other Provisions, 68 Fed. Reg. 48,286
`(August 13, 2003) (effective September 12, 2003).
`Notices concerning the
`rules changes, as well as the Trademark Trial and Appeal Board Manual of
`Procedure (TBMP), are available at www.uspto.gov.
`
`The parties are particularly referred to Trademark Rule 2.126
`pertaining to the form of submissions.
`Paper submissions, including
`but not limited to exhibits and depositions, not filed in accordance
`
`

`
`with Trademark Rule 2.126 may not be given consideration or entered
`into the case file.
`
`Discovery and testimony periods are set as follows:
`
`Discovery period to open:
`
`March 22, 2004
`
`Discovery period to close:
`
`September 18, 2004
`
`30-day testimony period for party
`in position of plaintiff to close:
`
`December 17, 2004
`
`30-day testimony period for party
`in position of defendant to close:
`
`February 15, 2005
`
`15-day rebuttal testimony period
`for plaintiff to close:
`
`April 01, 2005
`
`A party must serve on the adverse party a copy of the transcript of any
`testimony taken during the party's testimony period, together with
`copies of documentary exhibits, within 30 days after completion of the
`taking of such testimony.
`See Trademark Rule 2.l25.
`
`Briefs shall be filed in accordance with Trademark Rule 2.l28(a) and
`(b).
`An oral hearing will be set only upon request filed as provided
`by Trademark Rule 2.l29.
`
`NOTE:
`The Board allows parties to utilize telephone conferences to
`discuss or resolve many interlocutory matters that arise in inter
`partes cases.
`See the Official Gazette notice titled “Permanent
`Expansion of Telephone Conferencing on Interlocutory Matters in Inter
`Partes Cases Before the Trademark Trial and Appeal Board,” 1235 TMOG 68
`(June 20, 2000).
`The notice is available at http://www.uspto.gov.
`Interlocutory matters which the Board agrees to discuss or decide by
`phone conference may be decided adversely to any party which fails to
`participate.
`
`If the parties to this proceeding are also parties to other Board
`proceedings involving related marks or, during the pendency of this
`proceeding, they become parties to such proceedings, they should notify
`the Board immediately, so that the Board can consider consolidation of
`proceedings.
`
`New Developments at the Trademark Trial and Appeal Board
`
`TTAB forms for electronic filing of extensions of time to oppose, notices of
`opposition, and inter partes filings are now available at
`http://estta.uspto.gov.
`Images of TTAB proceeding files can be viewed using
`TTABVue at http://ttabvue.uspto.gov.