`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
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`TLC/gcp
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`Mailed: December 19, 2007
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`Opposition No. 91175637
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`TARGET BRANDS, INC.
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`v.
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`NEW AGE COSMETICS, INC.
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`George C. Pologeorgis, Interlocutory Attorney:
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`Answer was due (as last reset) in this case on October
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`31, 2007. On November 15, 2007, applicant filed a motion to
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`accept the late filing of its answer concurrently with a copy
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`of its answer.
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`In support of its motion, applicant contends that
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`although it timely mailed its answer to the Board and served a
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`copy of the same upon opposer’s counsel on October 26, 2007,
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`applicant mailed its answer to the Board’s former mailing
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`address and only learned of its mistake when its answer was
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`returned as undeliverable.
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`The record clearly shows that applicant’s failure to
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`file a timely answer in this opposition proceeding was
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`neither willful nor unduly prejudicial, but due to an
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`inadvertent mailing error. See Fred Hayman Beverly Hills,
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`Inc. v. Jacques Bernier, Inc., 21 USPQ2d 1556 (TTAB 1991).
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`Opposition No. 91175637
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`The Board is persuaded that the foregoing reason
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`constitutes good cause to set aside applicant’s default.
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`Accordingly, applicant’s motion to accept its late-
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`filed answer is granted, and applicant’s answer is accepted.
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`The parties are allowed THIRTY DAYS from the mailing
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`date of this order to serve responses to any outstanding
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`discovery requests.
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`Trial dates, including the close of discovery, remain
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`as reset in the Board’s October 1, 2007 order.
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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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`2
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