`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`Mailed: October 12, 2011
`
`Opposition No. 91200259
`
`Glock, Inc. and Glock
`Ges.m.b.H.
`
`
`v.
`
`
`Gas Informatica Ltda.
`
`
`
`
`
`RK/vb
`
`
`
`
`
`Yong Oh (Richard) Kim, Interlocutory Attorney:
`
`Applicant’s consented motion (filed September 23, 2011)
`
`
`
`to extend all dates, including the deadline for discovery
`
`conference is noted.
`
`
`
`Applicant seeks an extension to allow additional time
`
`to discuss settlement. However, the trademark rules place
`
`on the parties a shared responsibility to conference to
`
`discuss the scope of the pleadings and to plan for
`
`disclosures and the conduct of discovery and to afford the
`
`parties the opportunity to discuss settlement, as explained
`
`in the notice of institution. Therefore, the Board does not
`
`find in applicant’s motion good cause to delay the parties’
`
`required conference to allow for settlement talks when the
`
`parties are required to discuss settlement in the
`
`conference. See "Miscellaneous Changes to Trademark Trial
`
`
`
`Opposition No. 91200259
`
`and Appeal Board Rules," 72 Fed. Reg. 42242, 42245 (Aug. 1,
`
`2007):
`
`if a motion to extend or suspend for settlement
`talks, arbitration or mediation is not filed prior
`to answer, then the parties will have to proceed,
`after the answer is filed, to their discovery
`conference, one point of which is to discuss
`settlement. It is unlikely the Board will find
`good cause for a motion to extend or suspend for
`settlement if the motion is filed after answer but
`prior to the discovery conference, precisely
`because the discovery conference itself provides
`an opportunity to discuss settlement.
`
`
`Inasmuch as the circumstances recited in the extension
`
`request are not deemed to be extraordinary in nature, the
`
`motion is DENIED. Conferencing, disclosure, discovery and
`
`trial dates remain as previously set. See Trademark Rule
`
`2.120(a)(2). After the discovery conference is conducted,
`
`the Board will entertain any motions to extend or suspend,
`
`if necessary.
`
`
`
`* * *
`
`2
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