`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
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`Dunn
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` Mailed: June 26, 2008
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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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`Elizabeth A. Dunn, Attorney:
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`This case now comes up on opposer’s motion, filed March
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`27, 2008, to compel applicant to answer opposer’s first set
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`of interrogatories and first set of document requests.
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`Applicant has failed to file a brief in response to
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`opposer’s motion. See Trademark Rule 2.127(a).
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`In view of the circumstances set forth in opposer’s
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`motion to compel, and because applicant has not responded to
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`the motion, opposer’s motion to compel discovery is granted.
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`See Trademark Rule 2.120(e).
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`Applicant is allowed until 20 days from the mailing
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`date of this order in which to respond to opposer’s first
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`
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`Opposition No. 91175637
`
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`set of interrogatories and first set of document requests,
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`failing which a motion for sanctions will be entertained by
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`the Board. See Trademark Rule 2.120(g)(1).
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`PROCEEDINGS HEREIN ARE RESUMED. Discovery and trial
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`dates are reset below.
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`
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`DISCOVERY PERIOD TO CLOSE:
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`August 1, 2008
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`Thirty-day testimony period for party in
`position of plaintiff to close:
`Thirty-day testimony period for party in
`position of defendant to close:
`Fifteen-day rebuttal testimony period to
`close:
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`October 30, 2008
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`December 29, 2008
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`February 12, 2009
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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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`
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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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`
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`NEWS FROM THE TTAB:
`
`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
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` 2
`
`
`
`Opposition No. 91175637
`
`
`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
`
`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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