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`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
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`Mailed: March 12, 2018
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`Opposition No. 91237541
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`Monster Energy Company
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`v.
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`Marvel Characters, Inc.
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`Ann Linnehan, Interlocutory Attorney
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` On January 1, 2018, Applicant filed a proposed amendment to its subject
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`application, without Opposer’s consent.
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` The Board ordinarily defers consideration of an unconsented motion to amend in
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`substances, such as the instant motion, until final hearing, or until the case is decided
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`upon summary judgment. See Fort Howard Paper Co. v. C.V. Gamina Inc., 4 USPQ2d
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`1552 (TTAB 1987).
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` In accordance with ordinary Board practice, consideration of the proposed
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`amendment is deferred until final hearing. In view thereof, Applicant’s identification
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`of goods remains as set forth in the involved application.
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` On January 5, 2018, Applicant filed an answer to the notice of opposition and a
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`counterclaim to cancel Opposer's pleaded Registration(s) No. 3,908,600. Applicant
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`submitted the required fee.
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`Opposition No. 91237541
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` The Board wishes to note the Opposer’s answer to the counterclaim that was filed
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`on February 5, 2018.
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`In accordance with the Trademark Rules of Practice, the parties’ obligation to hold
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`their discovery conference by the deadline stated in the prior order is stayed, and
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`conferencing, disclosure, discovery and trial periods are reset as indicated below. See
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`Trademark Rule 2.121(b)(2).
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`Deadline for Discovery Conference
`Discovery Opens
`Initial Disclosures Due
`Expert Disclosures Due
`Discovery Closes
`Pretrial Disclosures Due for Party in Position of Plaintiff in Original
`Claim
`30-day Trial Period Ends for Party in Position of Plaintiff in Original
`Claim
`Pretrial Disclosures Due for Party in Position of Defendant in Original
`Claim and in Position of Plaintiff in Counterclaim
`30-day Trial Period Ends for Party in Position of Defendant in Original
`Claim, and in Position of Plaintiff in Counterclaim
`Pretrial Disclosures Due for Rebuttal of Party in Position of Plaintiff in
`Original Claim and in Position of Defendant in Counterclaim
`30-day Trial Period Ends for Rebuttal of Party in Position of Plaintiff in
`Original Claim, and in Position of Defendant in Counterclaim
`Pretrial Disclosures Due for Rebuttal of Party in Position of Plaintiff in
`Counterclaim
`15-day Trial Period Ends for Rebuttal of Party in Position of Plaintiff in
`Counterclaim
`Opening Brief for Party in Position of Plaintiff in Original Claim Due
`Combined Brief for Party in Position of Defendant in Original Claim
`and Opening Brief as Plaintiff in Counterclaim Due
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`5/11/2018
`5/11/2018
`6/10/2018
`10/8/2018
`11/7/2018
`12/22/2018
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`2/5/2019
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`2/20/2019
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`4/6/2019
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`4/21/2019
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`6/5/2019
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`6/20/2019
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`7/20/2019
`9/18/2019
`10/18/2019
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`2
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`Opposition No. 91237541
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`Combined Rebuttal Brief for Party in Position of Plaintiff in Original
`Claim and Brief as Defendant in Counterclaim Due
`Rebuttal Brief for Party in Position of Plaintiff in Counterclaim Due
`Request for Oral Hearing (optional) Due
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`11/17/2019
`12/2/2019
`12/12/2019
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`3
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