`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
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`Mailed: July 20, 2006
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`Opposition No. 91161967
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`91165216
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`91171462
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`The Glidden Company
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`v.
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`Manco, Inc., now known as
`Henkel Consumer Adhesives,
`Inc.
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`Linda Skoro, Interlocutory Attorney
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`Consolidation
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`These cases now come up on opposer’s motion to
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`consolidate the newly instituted proceeding, Opposition No.
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`91171462 to these consolidated proceedings, filed June 20,
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`2006. A review of the pleadings in the above-identified
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`opposition proceedings indicates that the parties are the
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`same and the proceedings involve substantially identical
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`questions of fact and law.
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`Since the marks sought to be registered by applicant in
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`each of its applications are similar and inasmuch as opposer
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`has in each instance challenged applicant’s right of
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`registration on the basis that its claimed mark fails to
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`function as a mark, it is believed that these proceedings
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`may be presented on the same record without appreciable
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`Opposition Nos. 91161967, 91165216 & 91171462
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`inconvenience or confusion. Moreover, the consolidation
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`would be equally advantageous to both parties in the
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`avoidance of the duplication of effort, loss of time, and
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`the extra expense involved in conducting the proceedings
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`individually. See Rule 42(a) of the Federal Rules of Civil
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`Procedure.
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`The consolidated cases may be presented on the same
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`record and briefs. See, Helene Curtis Industries Inc. v.
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`Suave Shoe Corp., 13 USPQ2d 1618 (TTAB 1989). As a general
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`rule, from this point on only a single copy of any paper or
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`motion should be filed herein; but that copy should bear all
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`proceeding numbers in its caption.
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`Despite being consolidated, each proceeding retains its
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`separate character. The decision on the consolidated cases
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`shall take into account any differences in the issues raised
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`by the respective pleadings and a copy of the decision shall
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`be placed in each proceeding file.
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`The parties are further advised that they are to
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`periodically inform the Board if any subsequent oppositions
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`are instituted which involve the same parties and the same
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`issues.
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`Trial dates in these proceedings are reset as requested
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`by the parties. Applicant has THIRTY DAYS from the mailing
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`date hereof within which to file its answer to the newly
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`2
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`Opposition Nos. 91161967, 91165216 & 91171462
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`instituted opposition, 91171462. Trial dates are reset as
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`indicated below:
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`Discovery period to close:
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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 to close:
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`1/7/2007
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`4/7/2007
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`6/6/2007
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`7/21/2007
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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 on
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`the adverse party within thirty days after completion of the
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`taking of testimony. Trademark Rule 2.125.
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`Briefs shall be filed in accordance with Trademark Rule
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`2.128(a) and (b). An oral hearing will be set only upon
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`request filed as provided by Trademark Rule 2.129.
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`.o0o.
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`3
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