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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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`October 26, 2023
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`Opposition No. 91286782 (parent case)
`Opposition No. 91286918
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`Stoxx Ltd.
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`v.
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`Epowerx Pte. Ltd
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`
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`Mary Beth Myles, Interlocutory Attorney
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`On October 23, 2023, Opposer filed a combined motion to consolidate Opposition
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`Nos. 91286782 and 91286918. The Board notes initially that Applicant has filed its
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`answer in each proceeding for which consolidation is sought.
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`When cases involving common questions of law or fact are pending before the
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`Board, the Board may order consolidation of the cases. See Fed. R. Civ. P. 42(a);
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`Regatta Sport Ltd. v. Telux-Pioneer Inc., 20 USPQ2d 1154 (TTAB 1991); and Estate
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`of Biro v. Bic Corp., 18 USPQ2d 1382 (TTAB 1991). In determining whether to
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`consolidate proceedings, the Board will weigh the savings in time, effort, and expense
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`which may be gained from consolidation, against any prejudice or inconvenience
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`which may be caused thereby.
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`Consolidation is discretionary with the Board, and may be ordered upon motion
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`granted by the Board, or upon stipulation of the parties approved by the Board, or
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`Consolidated Opposition Nos. 91286782 and 91286918
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`upon the Board's own initiative. See, e.g., Hilson Research Inc. v. Society for Human
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`Resource Management, 27 USPQ2d 1423 (TTAB 1993).
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`The parties to these proceedings are identical, and the issues are similar or
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`related. Accordingly, the motion to consolidate is granted. Opposition Nos. 91286782
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`and 91286918 are hereby consolidated and may be presented on the same record and
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`briefs. See Hilson Research Inc. v. Society for Human Resource Management, supra;
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`and Helene Curtis Industries Inc. v. Suave Shoe Corp., 13 USPQ2d 1618 (TTAB 1989).
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`The Board file will be maintained in Opposition No. 91286782 as the “parent case.”
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`From this point on, only a single copy of all motions and submissions should be filed,
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`and each submission should be filed in the parent case only, but caption both
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`consolidated proceeding numbers, listing and identifying the “parent case” first.1
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`Despite being consolidated, each proceeding retains its separate character and
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`requires entry of a separate judgment. The decision on the consolidated cases shall
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`take into account any differences in the issues raised by the respective pleadings; a
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`copy of the decision shall be placed in each proceeding file.
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`Furthermore, Opposer’s filing also included a motion to strike Applicant’s
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`Affirmative Defenses. Accordingly, the consolidated proceedings are herein
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`suspended pending the disposition of the motion to strike. See TBMP §506 and Fed.
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`R. Civ. P. 12(f).
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`1 The parties should promptly inform the Board of any other Board proceedings or related
`cases within the meaning of Fed. R. Civ. P. 42, so that the Board can consider whether further
`consolidation is appropriate.
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`2
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`Consolidated Opposition Nos. 91286782 and 91286918
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`The motion to strike will be decided in due course. 2
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`2 Applicant should file a single combined response to the motions to strike in the parent
`proceeding only.
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`3
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