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`UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`TTAB Assistance Center: 571-272-8500
`General Email: TTABInfo@uspto.gov
`
`September 15, 2020
`
`Opposition No. 91241126
`
`Monster Energy Company
`
`v.
`
`Metro Giant LLC
`
`
`
`Karl Kochersperger, Paralegal Specialist:
`
`Opposer’s1 consented motion, filed September 8, 2020, to extend disclosure,
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`discovery, and trial dates is granted for good cause shown.2 Trademark Rule 2.127(a).
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`The parties are reminded that there is a continuing obligation to provide good cause
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`in the form of progress reports for any further extension or suspension request.
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`Trial dates are reset in accordance with Opposer’s motion, as follows:
`
`Discovery Closes
`Plaintiff's Pretrial Disclosures Due
`Plaintiff's 30-day Trial Period Ends
`Defendant's Pretrial Disclosures Due
`Defendant's 30-day Trial Period Ends
`
`10/7/2020
`11/21/2020
`1/5/2021
`1/20/2021
`3/6/2021
`
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`1 The change of address filed September 8, 2020, for Opposer is noted and the proceeding file
`has been updated to reflect the change.
`2 When parties stipulate to the rescheduling of a deadline for pretrial disclosures and
`subsequent testimony periods or to the rescheduling of the closing date for discovery and the
`rescheduling of subsequent deadlines for pretrial disclosures and testimony periods, a
`stipulation presented in the form used in a trial order, signed by the parties, or a motion in
`said form signed by one party and including a statement that every other party has agreed
`thereto, shall be submitted to the Board through ESTTA, with the relevant dates set forth
`and an express statement that all parties agree to the new dates. Trademark Rule 2.121(d).
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`
`
`
`
`Opposition No. 91241126
`
`
`Plaintiff's Rebuttal Disclosures Due
`Plaintiff's 15-day Rebuttal Period Ends
`Plaintiff's Opening Brief Due
`Defendant's Brief Due
`Plaintiff's Reply Brief Due
`Request for Oral Hearing (optional) Due
`
`3/21/2021
`4/20/2021
`6/19/2021
`7/19/2021
`8/3/2021
`8/13/2021
`
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`Generally, the Federal Rules of Evidence apply to Board trials. Trial testimony is
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`taken and introduced out of the presence of the Board during the assigned testimony
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`periods. The parties may stipulate to a wide variety of matters, and many
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`requirements relevant to the trial phase of Board proceedings are set forth in
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`Trademark Rules 2.121 through 2.125. These include pretrial disclosures, matters in
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`evidence, the manner and timing of taking testimony, and the procedures for
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`submitting and serving testimony and other evidence, including affidavits,
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`declarations, deposition transcripts and stipulated evidence. Trial briefs shall be
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`submitted in accordance with Trademark Rules 2.128(a) and (b). Oral argument at
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`final hearing will be scheduled only upon the timely submission of a separate notice
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`as allowed by Trademark Rule 2.129(a).
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`BAR INFORMATION NEEDED
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`Additionally, it appears that Applicant is represented by an attorney. Effective
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`August 3, 2019, the USPTO amended its rules to require all practitioners qualified
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`under § 11.14(a) to be an active member in good standing and to provide the name of
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`a state in which he or she is an active member in good standing; the date of admission
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`to the bar of the named state; and the bar license number, if one is issued by the
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`named state. 37 C.F.R. § 2.17(b)(3).
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`
`
`2
`
`
`
`Opposition No. 91241126
`
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`Accordingly, Applicant is allowed thirty days from the mailing date of this order
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`to provide the information above using the Change of Address form in ESTTA. The
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`bar information entered on the ESTTA Change of Address form will be masked from
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`TTABVUE.
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`If Applicant fails to comply with this order, the Board may issue an order to show
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`cause.
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`TIPS FOR FILING EVIDENCE, TESTIMONY, OR LARGE DOCUMENTS
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`The Board requires each submission to meet the following criteria before it will be
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`considered: 1) pages must be legible and easily read on a computer screen; 2) page
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`orientation should be determined by its ease of viewing relevant text or evidence, for
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`example, there should be no sideways or upside-down pages; 3) pages must appear in
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`their proper order; 4) depositions and exhibits must be clearly labeled and numbered
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`– use separator pages between exhibits and clearly label each exhibit using sequential
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`letters or numbers; and 5) the entire submission should be text-searchable.
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`Additionally, submissions must be compliant with Trademark Rules 2.119 and 2.126.
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`Submissions failing to meet all of the criteria above may require re -filing. Note:
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`Parties are strongly encouraged to check the entire document before filing. 3 The
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`Board will not extend or reset proceeding schedule dates or other deadlines to allow
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`time to re-file documents. For more tips and helpful filing information, please visit
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`the ESTTA help webpage.
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`3 To facilitate accuracy, ESTTA provides thumbnails to view each page before submitting.
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`3
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