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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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`August 22, 2022
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`Opposition No. 91277784
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`Monster Energy Company
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`v.
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`Wei Jiang
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`
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`Nicole Thier, Paralegal Specialist:
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`On August 5, 2022, the Board forwarded a notice of institution of this proceeding
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`to Opposer. On August 17, 2022, Opposer filed an amended notice of opposition.
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`Pursuant to Fed. R. Civ. P. 15(a)(1), made applicable to Board proceedings by
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`Trademark Rule 2.116(a), a party may amend its pleading once as a matter of course
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`within 21 days after serving it, or if the pleading is one to which a responsive pleading
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`is required, 21 days after service of a responsive pleading or 21 days after service of
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`a motion under Fed. R. Civ. P. 12(b), (e) or (f), whichever is earlier. See Trademark
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`Rule 2.107/2.115; TBMP § 507.01. However, as a practical matter, because the time
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`to answer set by the Board’s institution order is 40 days, a plaintiff may amend its
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`complaint once as a matter of course beyond the initial 21 days from serving it until
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`the defendant files either an answer or a motion under Fed. R. Civ. P. 12(b), (e) or (f).
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`See TBMP § 507.02.
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`Opposition No. 91277784
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`Opposer’s amended notice of opposition was filed as a matter of course, and is
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`accepted as Opposer’s operative pleading in this proceeding. See Fed. R. Civ. P.
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`15(a)(1)(A) and (B).
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`Applicant is allowed until October 1, 2022 to file an answer to the amended notice
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`of opposition.
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`Conferencing, discovery and trial dates are reset as follows:
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`Time to Answer
`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
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`10/1/2022
`10/31/2022
`10/31/2022
`11/30/2022
`3/30/2023
`4/29/2023
`6/13/2023
`7/28/2023
`8/12/2023
`9/26/2023
`10/11/2023
`11/10/2023
`1/9/2024
`2/8/2024
`2/23/2024
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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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`2
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`Opposition No. 91277784
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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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