`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
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` Mailed: November 30, 2007
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`Opposition No. 91168637
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`Pivotal Corporation
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`v.
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`Waife & Associates, Inc.
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`
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`George C. Pologeorgis, Interlocutory Attorney:
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`This case now comes up on opposer’s motion, filed
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`September 29, 2006, to compel applicant to answer opposer’s
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`first request for production of documents and opposer’s
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`first set of interrogatories. Applicant has failed to file
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`a brief in response to opposer’s motion. Accordingly,
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`opposer’s motion to compel discovery is hereby granted as
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`conceded. See Trademark Rule 2.127(a).1
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`Applicant is allowed until thirty days of the mailing
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`date of this order to respond to opposer’s first set of
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`document requests and first set of interrogatories.
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`Moreover, these responses must be made in full and without
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`objection because applicant failed either to timely respond
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`or to object to opposer’s discovery requests. See No Fear
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`1 The Board regrets the delay in entertaining opposer’s motion.
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`Opposition No. 91168637
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`Inc. v. Rule, 54 USPQ2d 1551 (TTAB 2000). Should applicant
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`fail to provide the ordered responses, then opposer’s remedy
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`will lie in a motion for entry of sanctions, in the form of
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`entry of judgment sustaining the opposition. See Trademark
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`Rule 2.120(g)(1).
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`Proceedings are hereby resumed. Discovery is closed
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`and trial dates are reset as set forth below.
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`DISCOVERY TO CLOSE
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` CLOSED
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`Thirty-day testimony period for party in
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`position of plaintiff to close:
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` February 29, 2008
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`Thirty-day testimony period for party in
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`position of defendant to close:
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` April 29, 2008
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`Fifteen-day rebuttal testimony period for
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`plaintiff to close:
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` June 13, 2008
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`In each instance, a copy of the transcript of testimony
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`together with copies of documentary exhibits, must be served
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`on the adverse party within thirty days after completion of
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`the taking of testimony. Trademark Rule 2.l25.
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`Briefs shall be filed in accordance with Trademark
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`Rules 2.128(a) and (b). An oral hearing will be set only
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`upon request filed as provided by Trademark Rule 2.l29.
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`2
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`Opposition No. 91168637
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`
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`NEWS FROM THE TTAB:
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`The USPTO published a notice of final rulemaking in the
`Federal Register on August 1, 2007, at 72 F.R. 42242. By
`this notice, various rules governing Trademark Trial and
`Appeal Board inter partes proceedings are amended. Certain
`amendments have an effective date of August 31, 2007, while
`most have an effective date of November 1, 2007. For
`further information, the parties are referred to a reprint
`of the final rule and a chart summarizing the affected
`rules, their changes, and effective dates, both viewable on
`the USPTO website via these web addresses:
`http://www.uspto.gov/web/offices/com/sol/notices/72fr42242.pdf
`http://www.uspto.gov/web/offices/com/sol/notices/72fr42242_FinalR
`uleChart.pdf
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`By one rule change effective August 31, 2007, the Board's
`standard protective order is made applicable to all TTAB
`inter partes cases, whether already pending or commenced on
`or after that date. However, as explained in the final rule
`and chart, this change will not affect any case in which any
`protective order has already been approved or imposed by the
`Board. Further, as explained in the final rule, parties are
`free to agree to a substitute protective order or to
`supplement or amend the standard order even after August 31,
`2007, subject to Board approval. The standard protective
`order can be viewed using the following web address:
`http://www.uspto.gov/web/offices/dcom/ttab/tbmp/stndagmnt.htm
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`3
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