United States Patent and Trademark Office
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
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` Mailed: May 30, 2006
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`Opposition No 91171138
`Serial No. 78684646
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`ConAgra Brands, Inc.
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`NOVARTIS AG
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`MARY F. LEHENY
`NOVARTIS
`ONE HEALTH PLAZA
`EAST HANOVER, NJ 07936
`mary.leheny@novartis.com
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`Tracy L. Deutmeyer
`McGrath North Mullin & Kratz, PC LLO
`Suite 3700 First National Tower1601 Dodge Street
`Omaha, NE 68102
`tdeutmeyer@mcgrathnorth.com
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`ESTTA83017
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`A notice of opposition to the registration sought in the above-
`identified application has been filed. The notice of opposition can be
`viewed and printed at
`http://ttabvue.uspto.gov/ttabvue/v?qs= 91171138
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`ANSWER IS DUE FORTY DAYS after the transmission date hereof. (See
`Trademark Rule 2.196 for expiration date falling on Saturday, Sunday or
`a holiday).
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`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/web/offices/dcom/ttab/.
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`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
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`with Trademark Rule 2.126 may not be given consideration or entered
`into the case file.
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`Discovery and testimony periods are set as follows:
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`Discovery period to open:
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`Discovery period to close:
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`June 19, 2006
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`December 16, 2006
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`30-day testimony period for party
`in position of plaintiff to close:
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`30-day testimony period for party
`in position of defendant to close:
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`15-day rebuttal testimony period
`for plaintiff to close:
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`March 16, 2007
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`May 15, 2007
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`June 29, 2007
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` A
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` 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.
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`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.
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`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.
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`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.
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`New Developments at the Trademark Trial and Appeal Board
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`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.