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Notice of Opposition and Trial Dates

Notice of Opposition and Trial Dates

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Published by Calvin Correli
Notice of Opposition and Trial Dates
Notice of Opposition and Trial Dates

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Published by: Calvin Correli on Jun 21, 2013
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05/28/2014

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 Mailed: June 19, 2013Opposition No. 91211191Serial No. 85736477Karen StambaughMOD4 LLP2233 Santa Clara Ave Suite 8A Alameda, CA 94501karen@mod4llp.com;partners@mod4llp.comZendesk, Inc.v.zenbilling, LLCMiguel C. DanielsonDanielson Legal LLC1 Mifflin Place, Suite 400Cambridge, MA 02138tmadmin@danielsonlegal.com 
ESTTA543982A notice of opposition to the registration sought by the above-identified application has been filed.
A service copy of the notice ofopposition was forwarded to applicant (defendant) by the opposer(plaintiff). An electronic version of the notice of opposition isviewable in the electronic file for this proceeding via the Board'sTTABVUE system:
 
http://ttabvue.uspto.gov/ttabvue/v?qs=91211191
.
 
Proceedings will be conducted in accordance with the Trademark Rules ofPractice, set forth in Title 37, part 2, of the Code of FederalRegulations ("Trademark Rules")
. These rules may be viewed at theUSPTO's trademarks page:
http://www.uspto.gov/trademarks/index.jsp
. The Board'smain webpage
(http://www.uspto.gov/trademarks/process/appeal/index.jsp)
includesinformation on amendments to the Trademark Rules applicable to Boardproceedings, on Alternative Dispute Resolution (ADR), Frequently AskedQuestions about Board proceedings, and a web link to the Board's manualof procedure (the TBMP).
Plaintiff must notify the Board when service has been ineffective, within 10 days of the date of receipt of a returned service copy or thedate on which plaintiff learns that service has been ineffective.
 Plaintiff has no subsequent duty to investigate the defendant'swhereabouts, but if plaintiff by its own voluntary investigation orthrough any other means discovers a newer correspondence address for
UNITED STATES PATENT AND TRADEMARK OFFICETrademark Trial and Appeal Board
P.O. Box 1451 Alexandria, VA 22313-1451
 
 
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the defendant, then such address must be provided to the Board.Likewise, if by voluntary investigation or other means the plaintiffdiscovers information indicating that a different party may have aninterest in defending the case, such information must be provided tothe Board. The Board will then effect service, by publication in theOfficial Gazette if necessary.
See
Trademark Rule 2.118. Incircumstances involving ineffective service or return of defendant'scopy of the Board's institution order, the Board may issue an ordernoting the proper defendant and address to be used for serving thatparty.
Defendant's
 
ANSWER IS DUE FORTY DAYS after the mailing date of thisorder.
(
See
Patent and Trademark Rule 1.7 for expiration of this orany deadline falling on a Saturday, Sunday or federal holiday.)
Otherdeadlines the parties must docket or calendar are either set forthbelow (if you are reading a mailed paper copy of this order) or areincluded in the electronic copy of this institution order viewable inthe Board's TTABVUE system at the following web address:
 
http://ttabvue.uspto.gov/ttabvue/
.Defendant's answer and any other filing made by any party must includeproof of service.
See
Trademark Rule 2.119.
If they agree to, theparties may utilize electronic means, e.g., e-mail or fax, during theproceeding for forwarding of service copies.
 
See
Trademark Rule2.119(b)(6).The parties also are referred in particular to Trademark Rule 2.126,which pertains to the form of submissions.
Paper submissions,including but not limited to exhibits and transcripts of depositions,not filed in accordance with Trademark Rule 2.126 may not be givenconsideration or entered into the case file.
 
As noted in the schedule of dates for this case, the parties arerequired to have a conference to discuss: (1) the nature of and basisfor their respective claims and defenses, (2) the possibility ofsettling the case or at least narrowing the scope of claims ordefenses, and (3) arrangements relating to disclosures, discovery and
Time to Answer7/29/2013Deadline for Discovery Conference8/28/2013Discovery Opens8/28/2013Initial Disclosures Due9/27/2013Expert Disclosures Due1/25/2014Discovery Closes2/24/2014Plaintiff's Pretrial Disclosures4/10/2014Plaintiff's 30-day Trial Period Ends5/25/2014Defendant's Pretrial Disclosures6/9/2014Defendant's 30-day Trial Period Ends7/24/2014Plaintiff's Rebuttal Disclosures8/8/2014Plaintiff's 15-day Rebuttal Period Ends9/7/2014
 
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introduction of evidence at trial, should the parties not agree tosettle the case.
 
See
Trademark Rule 2.120(a)(2). Discussion of thefirst two of these three subjects should include a discussion ofwhether the parties wish to seek mediation, arbitration or some othermeans for resolving their dispute. Discussion of the third subjectshould include a discussion of whether the Board's Accelerated CaseResolution (ACR) process may be a more efficient and economical meansof trying the involved claims and defenses. Information on the ACRprocess is available at the Board's main webpage. Finally, if theparties choose to proceed with the disclosure, discovery and trialprocedures that govern this case and which are set out in the TrademarkRules and Federal Rules of Civil Procedure, then they must discusswhether to alter or amend any such procedures, and whether to alter oramend the Standard Protective Order (further discussed below).Discussion of alterations or amendments of otherwise prescribedprocedures can include discussion of limitations on disclosures ordiscovery, willingness to enter into stipulations of fact, andwillingness to enter into stipulations regarding more efficient optionsfor introducing at trial information or material obtained throughdisclosures or discovery.The parties are required to conference in person, by telephone, or byany other means on which they may agree. A Board interlocutoryattorney or administrative trademark judge will participate in theconference, upon request of any party, provided that such participationis requested no later than ten (10) days prior to the deadline for theconference.
See
Trademark Rule 2.120(a)(2). The request for Boardparticipation must be made through the Electronic System for TrademarkTrials and Appeals (ESTTA) or by telephone call to the interlocutoryattorney assigned to the case, whose name can be found by referencingthe TTABVUE record for this case at
http://ttabvue.uspto.gov/ttabvue
/
. Theparties should contact the assigned interlocutory attorney or file arequest for Board participation through ESTTA only after the partieshave agreed on possible dates and times for their conference.Subsequent participation of a Board attorney or judge in the conferencewill be by telephone and the parties shall place the call at the agreeddate and time, in the absence of other arrangements made with theassigned interlocutory attorney.
The Board's Standard Protective Order is applicable to this case, butthe parties may agree to supplement that standard order or substitute aprotective agreement of their choosing, subject to approval by theBoard.
The standard order is available for viewing at:
http://www.uspto.gov/trademarks/process/appeal/guidelines/stndagmnt.jsp
. Any partywithout access to the web may request a hard copy of the standard orderfrom the Board. The standard order does not automatically protect aparty's confidential information and its provisions must be utilized asneeded by the parties.
See
Trademark Rule 2.116(g).
Information about the discovery phase of the Board proceeding isavailable in chapter 400 of the TBMP. By virtue of amendments to theTrademark Rules effective November 1, 2007, the initial disclosures andexpert disclosures scheduled during the discovery phase are requiredonly in cases commenced on or after that date.
The TBMP has not yetbeen amended to include information on these disclosures and theparties are referred to the August 1, 2007 Notice of Final Rulemaking(72 Fed. Reg. 42242) posted on the Board's webpage. The deadlines for

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