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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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`March 4, 2019
`
`Opposition No. 91245928
`
`Monster Energy Company
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`v.
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`
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`Victoria von Vistauxx, Paralegal Specialist:
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`Monster, Inc.1
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`Applicant’s consented motion, filed February 26, 2019, to extend time to file an
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`answer to the notice of opposition, and to extend conference, disclosure, discovery and
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`trial dates, is granted.2 Trademark Rule 2.127(a).
`
`An answer must be filed through ESTTA, the Board’s Electronic System for
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`Trademark Trials and Appeals. See Trademark Rule 2.106(b)(1).
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`Answer due date, conference, disclosure, discovery and trial dates are reset in
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`accordance with Applicant’s motion as follows:
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`Time to Answer
`Deadline for Discovery Conference
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`1 Applicant’s change of correspondence address, filed Feb. 22, 2019, is noted and entered.
`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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`3/29/2019
`4/28/2019
`
`
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`
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`Opposition No. 91245928
`
`
`Discovery Opens
`Initial Disclosures Due
`Expert Disclosures Due
`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
`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
`
`4/28/2019
`5/28/2019
`9/25/2019
`10/25/2019
`12/9/2019
`1/23/2020
`2/7/2020
`3/23/2020
`4/7/2020
`5/7/2020
`7/6/2020
`8/5/2020
`8/20/2020
`8/30/2020
`
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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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`2
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