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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
`General Email: TTABInfo@uspto.gov
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`January 29, 2019
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`Opposition No. 91243337
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`Salesforce.com, Inc.
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`v.
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`
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`Victoria von Vistauxx, Paralegal Specialist:
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`Shenzhen Zhuiyi Technology Co., Ltd.
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`On October 19, 2018, the Board issued a notice of default to Applicant for its
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`failure to file an answer to the notice of opposition. 4 TTABVUE. On November 5,
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`2018, Applicant filed an answer to the notice of opposition. 5 TTABVUE. On
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`November 14, 2018, Applicant filed a motion to set aside the notice of default. 6
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`TTABVUE. The motion is uncontested. Trademark Rule 2.127 (a).
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`Whether default judgment should be entered against a party is determined in
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`accordance with Fed. R. Civ. P. 55 (c), which reads in pertinent part: “for good cause
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`shown the court may set aside an entry of default.” As a general rule, a good cause to
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`set aside a defendant’s default will be found where the defendant’s delay has not been
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`willful or in bad faith, when prejudice to the plaintiff is lacking, and where the
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`defendant has a meritorious defense. See Fred Hyman Beverly Hills, Inc. v. Jacques
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`Barnier, Inc., 21 USPQ2d 1556 (TTAB 1991). Moreover, because it is the policy of the
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`Opposition No. 91243337
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`Board to decide cases on their merits, the Board is reluctant to enter default judgment
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`for failure to file a timely answer, and tends to resolve any doubt on the matter in
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`favor of the defendant. See Paolo’s Associates Limited Partnership v. Paolo Bodo, 21
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`USPQ2d 1899 (Comm’r 1990).
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`In its response to the notice of default, Applicant states that it was Applicant’s
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`understanding that opposition regarding application Serial Nos. 87456283,
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`87456293, and 87456390 “had been consolidated under parent Opposition No.
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`91243240.”1
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`The Board finds that Applicant’s failure to timely answer the notice of opposition
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`was not willful or in bad faith, Opposer will not be prejudiced by the Applicant’s
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`default, as the motion to set aside the notice of default is conceded. The Board further
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`finds that by the submission of an answer that denies the essential allegations of
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`Opposer’s pleading, Applicant has adequately shown that it has a meritorious defense
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`to the opposition. See Fred Hayman Beverly Hills, Inc., 21 USPQ2d at 1557.
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`Accordingly, Applicant’s motions to set aside the notice of default is GRANTED as
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`conceded. Applicant’s answer to the notice of opposition filed on November 5, 2018, is
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`accepted as its operative pleading in this proceeding.
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`In view thereof, the proceedings are resumed and trial dates are reset as follows:
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`Deadline for Discovery Conference
`Discovery Opens
`Initial Disclosures Due
`Expert Disclosures Due
`Discovery Closes
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`3/1/2019
`3/1/2019
`3/31/2019
`7/29/2019
`8/28/2019
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`1 The record shows that Opposition Nos. 91243337 and 91243240 have not been consolidated.
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`2
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`
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`Opposition No. 91243337
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`Plaintiff's Pretrial Disclosures Due
`Plaintiff's 30-day Trial Period Ends
`Defendant's Pretrial Disclosures Due
`Defendant's 30-day Trial Period Ends
`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
`
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`10/12/2019
`11/26/2019
`12/11/2019
`1/25/2020
`2/9/2020
`3/10/2020
`5/9/2020
`6/8/2020
`6/23/2020
`7/3/2020
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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, the
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`manner and timing of taking testimony, matters in evidence, 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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`3
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