`
`
`
`
`
`
`
`
`
`
`
`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
`
`February 23, 2022
`
`Opposition No. 91266968
`
`CVS Pharmacy, Inc.
`
`v.
`
`Lumeon Ltd
`
`
`
`Kelly Young, Paralegal Specialist:
`
`Applicant’s consented motion, filed February 17, 2022, to suspend this proceeding
`
`for 60 days is granted.
`
`Report Required for Future Motions to Suspend or Extend for Settlement
`
`The Board retains discretion to condition the approval of a consented or stipulated
`
`motion to suspend on the party or parties providing necessary information about the
`
`status of settlement talks, discovery activities, or trial activities, as may be
`
`appropriate. See Trademark Rule 2.117(c); TBMP §§ 510 and 605.02.
`
`Due to the number of suspensions or extensions approved thus far in this
`
`proceeding, the Board imposes a condition on the approval of all future motions to
`
`suspend or extend for settlement. Specifically, to establish good cause for all future
`
`motions to suspend or extend, the parties must include in the motion a status report
`
`setting forth what specific efforts the parties have made towards settlement during
`
`
`
`
`
`Opposition No. 91266968
`
`
`the previous period of suspension or extension. The report must set forth, at a
`
`minimum, 1) all dates on which the parties communicated, and the method of each
`
`communication (e.g. telephone conferences, emails, in-person meetings), 2) the
`
`general nature of each communication, 3) the issues that have been resolved, 4) the
`
`issues that remain to be resolved or that remain for trial, and 5) a proposed timetable
`
`for resolution of the remaining issues. Appropriately designated confidential
`
`information or materials may be filed under seal pursuant to Trademark Rule
`
`2.126(c). See TBMP § 605.02.
`
`Due to this requirement, the parties may no longer use the ESTTA “Consent
`
`Motions” forms to submit motions to extend or suspend dates for settlement. Rather,
`
`the parties must select the “Opposition, Cancellation or Concurrent Use (general
`
`filings)” option, the “Scheduling Motions” option, then the “Motion to Suspend for
`
`Settlement Discussions” form to which the parties may attach the motion they
`
`prepared. The motion must set forth both the required status report and a proposed
`
`trial schedule.1 The requirement to use the general filings ESTTA form is limited to
`
`consent motions based on settlement discussions, and does not prohibit the use of
`
`ESTTA consent forms for other filings.
`
`
`1 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).
`
`
`
`2
`
`
`
`Opposition No. 91266968
`
`
`Absent the required status report, a motion to suspend or extend may be denied,
`
`even if consented to by the parties. If the Board denies such a motion, dates may
`
`remain as previously set. See TBMP § 509.01(a).
`
`Because the parties are negotiating for a possible settlement of this case,
`
`proceedings are suspended, subject to the right of either party to request resumption
`
`at any time.2 See Trademark Rules 2.117(c) and 2.127(a); and TBMP § 605.02.
`
`If, during the suspension period, either of the parties or their attorneys have a
`
`change of address or email address, the Board should be so informed.3 See Trademark
`
`Rule 2.18(b)(1).
`
`In the event that there is no word from either party concerning the progress of
`
`their negotiations, upon conclusion of the suspension period, proceedings shall
`
`resume without further notice or order from the Board, upon the schedule set
`
`forth below.
`
`An answer must be filed through ESTTA, the Board’s Electronic System for
`
`Trademark Trials and Appeals. See Trademark Rule 2.106(b)(1). Conferencing,
`
`disclosure, discovery, and trial dates are reset as follows:
`
`Proceedings Resume: 4/19/2022
`
`Time to Answer
`
`4/22/2022
`
`
`2 The parties should note that if proceedings are suspended for a lengthy period of time
`pursuant to the filing of several motions to suspend for settlement, the Board retains
`discretion to condition the approval of any future consented or stipulated motion to suspend
`on a party or the parties providing necessary information about the status of settlement talks,
`discovery activities, or trial activities, as may be appropriate. See Trademark Rule 2.117(c).
`
` 3
`
` If the parties are (or during the pendency of this proceeding become) parties to another
`proceeding involving the subject application/registration, the parties must notify the Board
`so the Board can consider whether consolidation or suspension of proceedings is appropriate.
`
`
`
`3
`
`
`
`Opposition No. 91266968
`
`
`Deadline for Discovery Conference
`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
`
`5/22/2022
`5/22/2022
`6/21/2022
`10/19/2022
`11/18/2022
`1/2/2023
`2/16/2023
`3/3/2023
`4/17/2023
`5/2/2023
`6/1/2023
`7/31/2023
`8/30/2023
`9/14/2023
`9/24/2023
`
`
`Generally, the Federal Rules of Evidence apply to Board trials. Trial testimony is
`
`taken and introduced out of the presence of the Board during the assigned testimony
`
`periods. The parties may stipulate to a wide variety of matters, and many
`
`requirements relevant to the trial phase of Board proceedings are set forth in
`
`Trademark Rules 2.121 through 2.125. These include pretrial disclosures, the
`
`manner and timing of taking testimony, matters in evidence, and the procedures for
`
`submitting and serving testimony and other evidence, including affidavits,
`
`declarations, deposition transcripts and stipulated evidence. Trial briefs shall be
`
`submitted in accordance with Trademark Rules 2.128(a) and (b). Oral argument at
`
`final hearing will be scheduled only upon the timely submission of a separate notice
`
`as allowed by Trademark Rule 2.129(a).
`
`TIPS FOR FILING EVIDENCE, TESTIMONY, OR LARGE DOCUMENTS
`
`The Board requires each submission to meet the following criteria before it will be
`
`considered: 1) pages must be legible and easily read on a computer screen; 2) page
`
`
`
`4
`
`
`
`Opposition No. 91266968
`
`
`orientation should be determined by its ease of viewing relevant text or evidence, for
`
`example, there should be no sideways or upside-down pages; 3) pages must appear in
`
`their proper order; 4) depositions and exhibits must be clearly labeled and numbered
`
`– use separator pages between exhibits and clearly label each exhibit using sequential
`
`letters or numbers; and 5) the entire submission should be text-searchable.
`
`Additionally, submissions must be compliant with Trademark Rules 2.119 and 2.126.
`
`Submissions failing to meet all of the criteria above may require re-filing. Note:
`
`Parties are strongly encouraged to check the entire document before filing.4 The
`
`Board will not extend or reset proceeding schedule dates or other deadlines to allow
`
`time to re-file documents. For more tips and helpful filing information, please visit
`
`the ESTTA help webpage.
`
`
`4 To facilitate accuracy, ESTTA provides thumbnails to view each page before submitting.
`
`
`
`5
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
