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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 6, 2023
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`Opposition No. 91282411
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`Eden Foods, Inc.
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`v.
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`Andrea Martinez
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`By the Trademark Trial and Appeal Board:
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`An answer to the notice of opposition was due on January 29, 2023. The record
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`shows that an answer has not been filed.
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`This case now comes up for consideration of Opposer's motion, filed February 2,
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`2023, for default judgment against Applicant for failure to file an answer. The motion
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`is uncontested.1
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`Inasmuch as Applicant failed to file an answer in this case, and failed to file a
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`response to Opposer's motion, the motion for default judgment is granted. See
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`Trademark Rule 2.127(a).
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`1 If an Applicant fails to file an answer to a complaint during the time allowed therefor, the
`Board, on its own initiative, may issue a notice of default allowing the Applicant time to show
`cause why default judgment should not be entered against it. The issue of whether default
`judgment should be entered against an Applicant for failure to file a timely answer may also
`be raised by means of a motion filed by the Opposer. In such cases, the motion may serve as
`a substitute for the Board's issuance of a notice of default. See TBMP § 312.01.
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`Opposition No. 91282411
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`Accordingly, judgment is hereby entered against Applicant, the notice of
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`opposition is sustained, and registration to Applicant is refused. See Fed. R. Civ. P.
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`55(b) and Trademark Rule 2.127(a).
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`2
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