`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
` Mailed: April 8, 2009
`
`Opposition No. 91178516
`
`Frontier Communications
`Corporation, by change of
`name from Citizens
`Communications Company1
`
`
`v.
`
`
`Ricochet, Inc.
`
`
`
`
`
`jh
`
`
`
`
`
`
`
`
`
`
`
`
`Cheryl Butler, Attorney, Trademark Trial and Appeal Board:
`
`
`
`Applicant’s answer was due on September 4, 2007. See
`
`Trademark Rule 2.196; and TBMP §112 (2d ed. rev. 2004). On
`
`September 6, 2007, applicant filed a motion to reopen its time
`
`to answer, accompanied by its answer. For good cause shown,
`
`applicant’s motion is granted. See Fed. R. Civ. P. 55(c); and
`
`TBMP §312.02 (2d ed. rev. 2004). Applicant’s answer is noted
`
`and entered.
`
`Opposer’s motion to suspend proceedings, filed March 5,
`
`2009, is granted as conceded.
`
`Because the parties are negotiating for possible
`
`settlement of this case, proceedings herein are suspended
`
`
`1 The change of name is recorded at Reel 3840, Frame 0891. See TBMP
`§512.02 (2d ed. rev. 2004). The caption of this proceeding is hereby
`amended to reflect opposer’s change of name.
`
`
`
`
`Opposition No. 91178516
`
`retroactive to March 5, 2009 until September 6, 2009, subject
`
`to the right of either party to request resumption at any
`
`time. See Trademark Rule 2.117(c). In view of the length of
`
`time this proceeding has been pending, the parties are urged
`
`to finalize their settlement.
`
`
`
`In the event that there is no word from either party
`
`concerning the progress of their negotiations, upon
`
`conclusion of the suspension period, proceedings shall
`
`resume without further notice or order from the Board, upon
`
`the schedule set out below.
`
`Proceedings resume:
`
`Discovery Period to close:
`
`30-day testimony period for party in
`position of plaintiff to close:
`
`30-day testimony period for party in
`position of defendant to close:
`
`15-day rebuttal testimony period
`to close:
`
`
`9/6/2009
`
`1/5/2010
`
`4/5/2010
`
`6/4/2010
`
`7/19/2010
`
`In each instance, a copy of the transcript of testimony
`
`together with copies of documentary exhibits, must be served
`
`on the adverse party within thirty days after completion of
`
`the taking of testimony. Trademark Rule 2.l25.
`
`
`
`2
`
`
`
`Opposition No. 91178516
`
`Briefs shall be filed in accordance with Trademark Rule
`
`2.128(a) and (b). An oral hearing will be set only upon
`
`request filed as provided by Trademark Rule 2.l29.
`
`If, during the suspension period, either of the parties
`
`or their attorneys should have a change of address, the
`
`Board should be so informed.
`
`***
`
`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
`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
`
`
`
`3
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