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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
`Hearings Email: TTABHearings@uspto.gov
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`September 15, 2022
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`Opposition No. 91267822
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`Eden Foods, Inc.
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`v.
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`By the Trademark Trial and Appeal Board:
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`The Ethnic Group LLC dba Edenic Blends
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`This proceeding is fully briefed. The Board notes Opposer’s request for an oral
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`hearing, filed on September 7, 2022 pursuant to Trademark Rule 2.129(a).
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`The requesting party is allowed until fifteen days from the date of this order to
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`submit, through ESTTA, a written response to this order which:
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`1) states whether the non-requesting party plans to participate in the hearing;
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`2) states whether any party plans to participate by video conference; and
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`3) provides at least three non-consecutive, agreed-upon dates and times for
`the hearing, such dates being between six and fourteen weeks beyond the
`mailing date of this order.
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`The Board will only consider as possible hearing dates and times, those upon
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`which the parties have agreed. If the non-requesting party has informed the
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`requesting party that it does not plan to participate in the hearing, then the
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`requesting party may provide dates and times of its choice, so long as they meet the
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`Opposition No. 91267822
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`other requirements of this order. Note that hearings are held on Tuesdays,
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`Wednesdays and Thursdays, between 10:00 a.m. and 3:00 p.m. Eastern Time.
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`If the Board does not receive a timely response to this order, the request
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`for an oral hearing will be considered to have been waived, and the matter
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`will be submitted for decision on the record and briefs.
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`Once the Board has received an acceptable response to this order providing the
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`necessary information, and has confirmed the hearing date and time, the Board will
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`issue written notice of the hearing. See Trademark Rule 2.129(a) and TBMP § 802.03.
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`A party that does not state in its request for oral hearing, or in its response to the
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`Board’s order acknowledging that request and directing the party’s further action, a
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`clear intent to participate by video conference is expected to appear in person; and it
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`may not be able to switch to video participation without also rescheduling any already
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`scheduled date for the hearing. To request participation by video hearing for the first
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`time after the date for a hearing has been set, the requesting party must contact the
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`Board’s Hearing and Decision Specialist at TTABHearings@USPTO.gov no fewer
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`than fifteen business days prior to the scheduled oral hearing and obtain express
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`approval to appear by video.
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`Also, whenever any party has expressed its plan to attend the hearing by video
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`conference, it is the party’s responsibility to contact a USPTO video conference
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`technician by email at VTCOPSDISTLIST@USPTO.gov no fewer than three business
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`days prior to the confirmed hearing date with the following information: 1) the
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`proceeding number(s); (2) the date and time of the hearing; and 3) the type of
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`Opposition No. 91267822
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`equipment that the party plans to use. A video conference technician will arrange a
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`test of the equipment the party plans to use. The USPTO does not provide parties
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`with the means to participate by video conference.
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`If a party decides, after submitting a request for oral hearing, that it no longer
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`desires an oral hearing, the party should file a waiver of the oral hearing request
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`through ESTTA. The matter will then be taken off of the Board's oral hearing docket,
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`and scheduled to be decided on the record and the briefs.
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`Questions or
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`inquiries regarding the hearing can be directed to
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`TTABHearings@uspto.gov.
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