`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
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` Mailed: June 13, 2007
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`Opposition No 91177800
`Serial No. 77016730
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`DANIEL GORMAN
`222 S MAIN ST.
`AKRON, OH 44308-1533
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`No Fear, Inc.
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`v.
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`Always Dreaming Enterprises
`LLC
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`Kit M. Stetina
`Stetina Brunda Garred & Brucker
`75 Enterprise, Suite 250
`Aliso Viejo, CA 92656
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`Tyrone Craven, Paralegal:
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`A notice of opposition to the registration sought in the
`above-identified application has been filed. A copy of the
`notice is attached.
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`ANSWER IS DUE FORTY DAYS after the mailing 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. Notices concerning the
`rules changes, as well as the Trademark Trial and Appeal
`Board Manual of Procedure (TBMP), are available on the
`TTAB's web page 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
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`submissions, including but not limited to exhibits and
`depositions, not filed in accordance 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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`30-day testimony period for party
`in position of plaintiff to close: 3/29/08
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`30-day testimony period for party
`in position of defendant to close: 5/28/08
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`15-day rebuttal testimony period
`for plaintiff to close:
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`7/12/08
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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 TBMP §
`502.06(a) (2d ed. rev. 2004).
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`If the parties to this proceeding are (or during the
`pendency of this proceeding, become) parties to another
`Board or civil proceeding involving related marks or other
`common issues of law or fact, they shall notify the Board
`immediately, so that the Board can consider consolidation
`or suspension of proceedings, if appropriate.
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`New Developments at the Trademark Trial and Appeal Board
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`For faster handling of all papers, the TTAB strongly
`encourages electronic filing whenever possible. TTAB forms
`for electronic filings are available at
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`2
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`7/3/07
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`12/30/07
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`http://estta.uspto.gov. Images of TTAB proceeding files
`can be viewed using TTABvue at http://ttabvue.uspto.gov.
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