TTAB
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`General Contact Number: 571-272-8500
`
`September 7, 201 7
`
`Opposition No. 91235660 -
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`<iS' 1 21-- O ~¥' 2-
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`Monster Energy Company
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`v.
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`Burgess, Tyler, Galeas, Matthew
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`NOTICE OF DEFAULT
`
`NOTICE: CHANGES TO THg TRADEMARK TRIAL AND APPEAL .BOARD ("BOARD")
`-
`~·
`RULES OF .PRACTICE EFFECTIVE JANUARY 14, 2017
`, '
`.
`The USPTO published a Notice of Final Rulemaking in the Federal-Register on October 7
`2016, at 81 Feel. Reg. 69950. It sets forth several amendments to the rules that govern
`inter partes (oppositions, cancellations, concurrent use) and ex parte appeal proceedings. A
`correction to the final rule was published on December 12, 2016, at 81 Fed. Reg. 89382.
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`For complete information, the parties are referred to:
`• The Board's home page on the uspto.gov website: http://www.uspto.gov/trademarks(cid:173)
`application-process/trademark-trial-and-appeal-board-ttab
`• The final rule:
`http://www.uspto.gov/sites/default/files/documents/81%20FR%2069950.pdf
`• The correction to the final rule:
`http://www.uspto.gov/sites/default/files/documents/81%20FR%2089382.pdf
`• A chart summarizing the affected rules and changes:
`http://www. uspto .gov/sites/defaul t/files/documents/2017Rulechange highlights. pdf
`
`For all proceedings, including those already in progress on January 14, 2017 , some of
`the changes are:
`• All pleadings and ~ubmissions must be filed through ESTTA. Trademark Rules
`2.101, ·2.102, 2.106, 2.111, 2.114, 2.121, 2.123, 2.126, 2.190 and2.19,1. ·
`• Service of all papers must be m~de by email, unless otherwise stipulated.
`. - ., Trad~µiark•Rule 2.119 ~ -
`.
`,
`-• Response periods are no longer extended by five days for ser:vice by first-class mail,
`Priority Mail Express®, or overnight courier. Trademark Rule 2.119.
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`

`• Deadlines for submissions to the Board that are initiated by a date of service are 20
`days. Trademark Rule 2.119. Responses to motions for summary judgment remain
`30 days. Similarly, deadlines for responses to discovery requests remain 30 days.
`• All discovery requests must be served early enough to allow for responses prior to
`the close of discovery. Trademark Rule 2.120. Duty to supplement discovery
`responses will continue after the close of discovery.
`• Motions to compel initial disclosures must be filed within 30 days after the deadline
`for serving initial disclosures. Trademark Rule 2.120.
`• Motions to compel discovery, motions to test the sufficiency ofresponses or
`objections, and motions for summary judgment must be filed prior to the first
`pretrial disclosure deadline. Trademark Rules 2.120 and 2.127.
`• Requests for production and requests for admission, as well as interrogatories, are
`each limited to 75. Trademark Rule 2.120.
`• Testimony may be submitted in the form of an affidavit or declaration. Trademark
`Rules 2.121, 2.123 and 2.125
`• New requirements for the submission of trial evidence and deposition transcripts.
`Trademark Rules 2.122, 2.123, and 2.125.
`• For proceedings filed on or after January 14, 2017, in addition to the changes set
`forth above, the Board's notice of institution constitutes service of complaints.
`Trademark Rules 2.105(a) and 2.113(a).
`
`This is only a summary of the significant content of the Final Rule . All parties involved in
`or contemplating filing a Board proceeding, regardless of the date of commencement of the
`proceeding, should read the entire Final Rule.
`
`An answer to the notice of opposition was due in this proceeding on August 28,
`
`2017. Inasmuch as it appears that no answer has been filed, nor has Applicant filed
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`a motion to extend the time to file an answer, notice of default is hereby entered
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`against Applicant pursuant to Fed. R. Civ. P. 55(a). l
`
`Applicant is allowed until thirty days from the date of this order to show cause
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`why judgment by default should not be entered against Applicant in accordance
`
`with Fed. R. Civ. P. 55(b)(2).
`
`1 Inasmuch as Applicant is in default, the parties' obligations to hold the discovery
`conference, and to serve initial disclosures, are effectively stayed. See TBMP § 312.01.
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`2
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`

`

`United States Patent and Trademark Office
`Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, VA 22313-1451
`If Undeliverable Return in Ten Days
`
`OFFICIAL BUSINESS
`PENALTY FOR PRIVATE USE, $300
`
`AN EQUAL OPPORTUNITY EMPLOYER
`
`U.S. POSTAGE))PITNEY.BOWES
`-~ ~ !.:' 55:::'
`ZIP 22314 $ 000 460
`
`•
`02 4~
`0000339753SEP 11 2017
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`91235660
`
`BURGESS, TYLER
`3304 BEACH PORT DR.
`LAS VEGAS , NV 89117
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