Hallmark Licensing, LLCv.Hallmark Industries, Inc.

Trademark Trial and Appeal Board

May 3, 2016

No. 91211392 (T.T.A.B. May. 3, 2016)

Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
ESTTA Tracking number: ESTTA743925
Filing date: 05/03/2016
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
Proceeding 91211392
Party Plaintiff
Hallmark Licensing, LLC
Correspondence
Address
TIMOTHY J FEATHERS
STINSON LEONARD STREET LLP
1201 WALNUT STREET, SUITE 2900
KANSAS CITY, MO 64106-2150
UNITED STATES
timothy.feathers@stinsonleonard.com, trademark@stinsonleonard.com
Submission Other Motions/Papers
Filer's Name Timothy J. Feathers
Filer's e-mail timothy.feathers@stinson.com, elizabeth.tassi@stinson.com
Signature /Timothy J. Feathers/
Date 05/03/2016
Attachments Stipulation re Proposed Protective Order.pdf(74245 bytes )

CORE/3002960.0002/106569326.2
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

Hallmark Licensing, LLC )
Opposer, )
)
v. ) Parent Opposition No.: 91211392
) Opposition No.: 91215884
Hallmark Industries, Inc. )
Applicant. )

STIPULATION REGARDING PROPOSED PROTECTIVE ORDER
Hallmark Licensing, LLC and Hallmark Industries, Inc. hereby stipulate to the proposed
Protective Order attached as Exhibit A. The proposed Protective Order varies slightly from the
Trademark Trial and Appeal Board's Standard Provisions for Protecting Confidentiality of
Information Revealed During Board Proceedings. All proposed modifications are shown in the
redline attached as Exhibit B. If the modifications are acceptable to the Board, the parties
respectfully request that the Protective Order as provided in Exhibit A be entered in the
opposition proceedings consolidated under Parent Opposition No.: 91211392.
Respectfully submitted,
By: /s/ Timothy J. Feathers
Timothy J. Feathers
John C. Aisenbrey
Elizabeth A. Tassi
Laila S. Wolfgram
STINSON LEONARD STREET LLP
1201 Walnut Street, Suite 2900
Kansas City MO 64106-2150
Telephone: (816) 842-8600
Facsimile: (816) 691-3495
timothy.feathers@stinsonleonard.com

ATTORNEYS FOR OPPOSER
Respectfully submitted,
By: /s/ Matthew H. Swyers
Matthew H. Swyers, Esq.
THE TRADEMARK COMPANY PLLC
mswyers@TheTrademarkCompany.com

ATTORNEY FOR APPLICANT

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CORE/3002960.0002/106569326.2
EXHIBIT A
PROTECTIVE ORDER
1) Classes of Protected Information.
The Rules of Practice in Trademark Cases provide that all inter partes proceeding files, as well as
the involved registration and application files, are open to public inspection. The terms of this
order are not to be used to undermine public access to files. When appropriate, however, a party
or witness, on its own or through its attorney, may seek to protect the confidentiality of
information by employing one of the following designations.
Confidential -Material to be shielded by the Board from public access.
Highly Confidential -Material to be shielded by the Board from public access and subject to
agreed restrictions on access even as to the parties and/or their attorneys.
Trade Secret/Commercially Sensitive -Material to be shielded by the Board from public
access, restricted from any access by the parties, and available for review by counsel, including
in-house counsel, for the parties and, subject to the provisions of paragraph 4 and 5, by
independent experts or consultants for the parties.
2) Information Not to Be Designated as Protected.
Information may not be designated as subject to any form of protection if it (a) is, or becomes,
public knowledge, as shown by publicly available writings, other than through violation of the
terms of this document; (b) is acquired by a non-designating party or non-party witness from a
third party lawfully possessing such information and having no obligation to the owner of the
information; (c) was lawfully possessed by a non-designating party or non-party witness prior to
the opening of discovery in this proceeding, and for which there is written evidence of the lawful
possession; (d) is disclosed by a non-designating party or non-party witness legally compelled to
disclose the information; or (e) is disclosed by a non-designating party with the approval of the
designating party.
3) Access to Protected Information.
The provisions of this order regarding access to protected information are subject to modification
by written agreement of the parties or their attorneys, or by motion filed with and approved by
the Board.
Judges, attorneys, and other employees of the Board are bound to honor the parties' designations
of information as protected but are not required to sign forms acknowledging the terms and
existence of this order. Court reporters, stenographers, video technicians or others who may be
employed by the parties or their attorneys to perform services incidental to this proceeding will

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CORE/3002960.0002/106569326.2
be bound only to the extent that the parties or their attorneys make it a condition of employment
or obtain agreements from such individuals, in accordance with the provisions of paragraph 4.

Parties are defined as including individuals, officers of corporations, partners of
partnerships, and management employees of any type of business organization.

Attorneys for parties are defined as including in-house counsel and outside counsel ,
including support staff operating under counsel's direction, such as paralegals or legal
assistants, secretaries, and any other employees or independent contractors operating under
counsel's instruction.

Independent experts or consultants include individuals retained by a party for purposes
related to prosecution or defense of the proceeding but who are not otherwise employees of
either the party or its attorneys.

Non-party witnesses include any individuals to be deposed during discovery or trial,
whether willingly or under subpoena issued by a court of competent jurisdiction over the
witness.
Parties and their attorneys shall have access to information designated as confidential or
highly confidential , subject to any agreed exceptions.
Counsel, including in-house counsel, shall have access to information designated as trade
secret/commercially sensitive.
Independent experts or consultants may be afforded access to confidential or highly
confidential information in accordance with the terms that follow in paragraph 4. Further,
independent experts or consultants may have access to trade secret/commercially sensitive
information if such access is agreed to by the parties or ordered by the Board, in accordance with
the terms that follow in paragraph 4 and 5.
Non-party witnesses may only have access to confidential, highly confidential, or trade
secret/commercially sensitive information if the information was created by, received by, or
reviewed by the non-party witnesses at or about the time of its creation and in accordance with
the terms of paragraph 4.
4) Disclosure to Any Individual.
Prior to disclosure of protected information by any party or its attorney to any individual not a
party, the individual shall be informed of the existence of this order and provided with a copy to
read. The individual will then be required to certify in writing that the order has been read and
understood and that the terms shall be binding on the individual. No individual shall receive any
protected information until the party or attorney proposing to disclose the information has

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CORE/3002960.0002/106569326.2
received the signed certification from the individual. A form for such certification is attached to
this order. The party or attorney receiving the completed form shall retain the original.
5) Disclosure to Independent Experts or Consultants.
In addition to meeting the requirements of paragraph 4, any party or attorney proposing to share
disclosed information with an independent expert or consultant must also notify the party which
designated the information as protected. Notification must be personally served or forwarded by
certified mail, return receipt requested, and shall provide notice of the name, address, occupation
and professional background of the expert or independent consultant.
The party or its attorney receiving the notice shall have ten (10) business days to object to
disclosure to the expert or independent consultant. If objection is made, then the parties must
negotiate the issue before raising the issue before the Board. If the parties are unable to settle
their dispute, then it shall be the obligation of the party or attorney proposing disclosure to bring
the matter before the Board with an explanation of the need for disclosure and a report on the
efforts the parties have made to settle their dispute. The party objecting to disclosure will be
expected to respond with its arguments against disclosure or its objections will be deemed
waived.
6) Responses to Written Discovery.
Responses to interrogatories under Federal Rule 33 and requests for admissions under Federal
Rule 36, and which the responding party reasonably believes to contain protected information
shall be prominently stamped or marked with the appropriate designation from paragraph 1. Any
inadvertent disclosure without appropriate designation shall be remedied as soon as the
disclosing party learns of its error, by informing all adverse parties, in writing, of the error. The
parties should inform the Board only if necessary because of the filing of protected information
not in accordance with the provisions of paragraph 12.
7) Production of Documents.
If a party responds to requests for production under Federal Rule 34 by making copies and
forwarding the copies to the inquiring party, then the copies shall be prominently stamped or
marked, as necessary, with the appropriate designation from paragraph 1. If the responding party
makes documents available for inspection and copying by the inquiring party, all documents
shall be considered protected during the course of inspection. After the inquiring party informs
the responding party what documents are to be copied, the responding party will be responsible
for prominently stamping or marking the copies with the appropriate designation from paragraph
1. Any inadvertent disclosure without appropriate designation shall be remedied as soon as the
disclosing party learns of its error, by informing all adverse parties, in writing, of the error. The
parties should inform the Board only if necessary because of the filing of protected information
not in accordance with the provisions of paragraph 12.

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CORE/3002960.0002/106569326.2
8) Depositions.
Protected documents produced during a discovery deposition, or offered into evidence during a
testimony deposition shall be orally noted as such by the producing or offering party at the outset
of any discussion of the document or information contained in the document. In addition, the
documents must be prominently stamped or marked with the appropriate designation.
During discussion of any non-documentary protected information, the interested party shall make
oral note of the protected nature of the information.
The transcript of any deposition and all exhibits or attachments shall be considered protected for
30 days following the date of service of the transcript by the party that took the deposition.
During that 30-day period, either party may designate the portions of the transcript, and any
specific exhibits or attachments, that are to be treated as protected, by electing the appropriate
designation from paragraph 1. Appropriate stampings or markings should be made during this
time. If no such designations are made, then the entire transcript and exhibits will be considered
unprotected.
9) Filing Notices of Reliance.
When a party or its attorney files a notice of reliance during the party's testimony period, the
party or attorney is bound to honor designations made by the adverse party or attorney, or non-
party witness, who disclosed the information, so as to maintain the protected status of the
information.
10) Briefs.
When filing briefs, memoranda, or declarations in support of a motion, or briefs at final hearing,
the portions of these filings that discuss protected information, whether information of the filing
party, or any adverse party, or any non-party witness, should be redacted. The rule of
reasonableness for redaction is discussed in paragraph 12 of this order.
11) Handling of Protected Information.
Disclosure of information protected under the terms of this order is intended only to facilitate the
prosecution or defense of this case. The recipient of any protected information disclosed in
accordance with the terms of this order is obligated to maintain the confidentiality of the
information and shall exercise reasonable care in handling, storing, using or disseminating the
information.

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CORE/3002960.0002/106569326.2
12) Redaction; Filing Material With the Board.
When a party or attorney must file protected information with the Board, or a brief that discusses
such information, the protected information or portion of the brief discussing the same should be
redacted from the remainder. A rule of reasonableness should dictate how redaction is effected.
Redaction can entail merely covering a portion of a page of material when it is copied in
anticipation of filing but can also entail the more extreme measure of simply filing the entire
page under seal as one that contains primarily confidential material. If only a sentence or short
paragraph of a page of material is confidential, covering that material when the page is copied
would be appropriate. In contrast, if most of the material on the page is confidential, then filing
the entire page under seal would be more reasonable, even if some small quantity of non-
confidential material is then withheld from the public record. Likewise, when a multi-page
document is in issue, reasonableness would dictate that redaction of the portions or pages
containing confidential material be effected when only some small number of pages contain such
material. In contrast, if almost every page of the document contains some confidential material, it
may be more reasonable to simply submit the entire document under seal. Occasions when a
whole document or brief must be submitted under seal should be very rare .
Protected information, and pleadings, briefs or memoranda that reproduce, discuss or paraphrase
such information, shall be filed with the Board under seal. The envelopes or containers shall be
prominently stamped or marked with a legend in substantially the following form:
CONFIDENTIAL
This envelope contains documents or information that are subject to a protective order or
agreement. The confidentiality of the material is to be maintained and the envelope is not to be
opened, or the contents revealed to any individual, except by order of the Board.
13) Acceptance of Information; Inadvertent Disclosure.
Acceptance by a party or its attorney of information disclosed under designation as protected
shall not constitute an admission that the information is, in fact, entitled to protection.
Inadvertent disclosure of information which the disclosing party intended to designate as
protected shall not constitute waiver of any right to claim the information as protected upon
discovery of the error.
14) Challenges to Designations of Information as Protected.
If the parties or their attorneys disagree as to whether certain information should be protected,
they are obligated to negotiate in good faith regarding the designation by the disclosing party. If
the parties are unable to resolve their differences, the party challenging the designation may
make a motion before the Board seeking a determination of the status of the information.

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CORE/3002960.0002/106569326.2
A challenge to the designation of information as protected must be made substantially
contemporaneous with the designation, or as soon as practicable after the basis for challenge is
known. When a challenge is made long after a designation of information as protected, the
challenging party will be expected to show why it could not have made the challenge at an
earlier time.
The party designating information as protected will, when its designation is timely challenged,
bear the ultimate burden of proving that the information should be protected.
15) Confidentiality Status Maintained as to Proceedings.
Information designated as confidential, highly confidential, or trade secret/commercially
sensitive shall not lose its protected status if used in any proceeding or hearing, whether through
testimony or documents, and the parties shall take all steps reasonably required to protect the
confidentiality status during such use.
16) Board's Jurisdiction; Handling of Materials After Termination.
The Board's jurisdiction over the parties and their attorneys ends when this proceeding is
terminated. A proceeding is terminated only after a final order is entered and either all appellate
proceedings have been resolved or the time for filing an appeal has passed without filing of any
appeal.
The parties may agree that archival copies of evidence and briefs may be retained, subject to
compliance with agreed safeguards. Otherwise, within 30 days after the final termination of this
proceeding, the parties and their attorneys shall either (1) return to each disclosing party the
protected information disclosed during the proceeding, and shall include any briefs, memoranda,
summaries, and the like, which discuss or in any way refer to such information or (2) in the
alternative such materials may be destroyed rather than returned and a written certification of
such destruction provided to the disclosing party.
17) Other Rights of the Parties and Attorneys.
This order shall not preclude the parties or their attorneys from making any applicable claims of
privilege during discovery or at trial. Nor shall the order preclude the filing of any motion with
the Board for relief from a particular provision of this order or for additional protections not
provided by this order.

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CORE/3002960.0002/106569326.2
By Agreement of the Following, effective:

May 3, 2016
Timothy J. Feathers
Attorney for Opposer
Stinson Leonard Street LLP

April 29, 2016
Matthew H. Swyers, Esq.
Attorney for Applicant
The Trademark Company PLLC

By Order of the Board, effective _____________________.

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CORE/3002960.0002/106569326.2
EXHIBIT B
PROTECTIVE ORDER
1) Classes of Protected Information.
The Rules of Practice in Trademark Cases provide that all inter partes proceeding files, as well as
the involved registration and application files, are open to public inspection. The terms of this
order are not to be used to undermine public access to files. When appropriate, however, a party
or witness, on its own or through its attorney, may seek to protect the confidentiality of
information by employing one of the following designations.
Confidential -Material to be shielded by the Board from public access.
Highly Confidential -Material to be shielded by the Board from public access and subject to
agreed restrictions on access even as to the parties and/or their attorneys.
Trade Secret/Commercially Sensitive -Material to be shielded by the Board from public
access, restricted from any access by the parties, and available for review by outside counsel,
including in-house counsel, for the parties and, subject to the provisions of paragraph 4 and 5, by
independent experts or consultants for the parties.
2) Information Not to Be Designated as Protected.
Information may not be designated as subject to any form of protection if it (a) is, or becomes,
public knowledge, as shown by publicly available writings, other than through violation of the
terms of this document; (b) is acquired by a non-designating party or non-party witness from a
third party lawfully possessing such information and having no obligation to the owner of the
information; (c) was lawfully possessed by a non-designating party or non-party witness prior to
the opening of discovery in this proceeding, and for which there is written evidence of the lawful
possession; (d) is disclosed by a non-designating party or non-party witness legally compelled to
disclose the information; or (e) is disclosed by a non-designating party with the approval of the
designating party.
3) Access to Protected Information.
The provisions of this order regarding access to protected information are subject to modification
by written agreement of the parties or their attorneys, or by motion filed with and approved by
the Board.
Judges, attorneys, and other employees of the Board are bound to honor the parties' designations
of information as protected but are not required to sign forms acknowledging the terms and
existence of this order. Court reporters, stenographers, video technicians or others who may be
employed by the parties or their attorneys to perform services incidental to this proceeding will

10

CORE/3002960.0002/106569326.2
be bound only to the extent that the parties or their attorneys make it a condition of employment
or obtain agreements from such individuals, in accordance with the provisions of paragraph 4.

Parties are defined as including individuals, officers of corporations, partners of
partnerships, and management employees of any type of business organization.

Attorneys for parties are defined as including in-house counsel and outside counsel ,
including support staff operating under counsel's direction, such as paralegals or legal
assistants, secretaries, and any other employees or independent contractors operating under
counsel's instruction.

Independent experts or consultants include individuals retained by a party for purposes
related to prosecution or defense of the proceeding but who are not otherwise employees of
either the party or its attorneys.

Non-party witnesses include any individuals to be deposed during discovery or trial,
whether willingly or under subpoena issued by a court of competent jurisdiction over the
witness.
Parties and their attorneys shall have access to information designated as confidential or
highly confidential , subject to any agreed exceptions.
Outside cCounsel, but notincluding in-house counsel, shall have access to information
designated as trade secret/commercially sensitive.
Independent experts or consultants , non-party witnesses , and any other individual not
otherwise specifically covered by the terms of this order may be afforded access to confidential
or highly confidential information in accordance with the terms that follow in paragraph 4.
Further, independent experts or consultants may have access to trade secret/commercially
sensitive information if such access is agreed to by the parties or ordered by the Board, in
accordance with the terms that follow in paragraph 4 and 5.
Non-party witnesses may only have access to confidential, highly confidential, or trade
secret/commercially sensitive information if the information was created by, received by, or
reviewed by the non-party witnesses at or about the time of its creation and in accordance with
the terms of paragraph 4.
4) Disclosure to Any Individual.
Prior to disclosure of protected information by any party or its attorney to any individual not
already provided access to such information by the terms of this ordera party, the individual shall
be informed of the existence of this order and provided with a copy to read. The individual will
then be required to certify in writing that the order has been read and understood and that the

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CORE/3002960.0002/106569326.2
terms shall be binding on the individual. No individual shall receive any protected information
until the party or attorney proposing to disclose the information has received the signed
certification from the individual. A form for such certification is attached to this order. The party
or attorney receiving the completed form shall retain the original.
5) Disclosure to Independent Experts or Consultants.
In addition to meeting the requirements of paragraph 4, any party or attorney proposing to share
disclosed information with an independent expert or consultant must also notify the party which
designated the information as protected. Notification must be personally served or forwarded by
certified mail, return receipt requested, and shall provide notice of the name, address, occupation
and professional background of the expert or independent consultant.
The party or its attorney receiving the notice shall have ten (10) business days to object to
disclosure to the expert or independent consultant. If objection is made, then the parties must
negotiate the issue before raising the issue before the Board. If the parties are unable to settle
their dispute, then it shall be the obligation of the party or attorney proposing disclosure to bring
the matter before the Board with an explanation of the need for disclosure and a report on the
efforts the parties have made to settle their dispute. The party objecting to disclosure will be
expected to respond with its arguments against disclosure or its objections will be deemed
waived.
6) Responses to Written Discovery.
Responses to interrogatories under Federal Rule 33 and requests for admissions under Federal
Rule 36, and which the responding party reasonably believes to contain protected information
shall be prominently stamped or marked with the appropriate designation from paragraph 1. Any
inadvertent disclosure without appropriate designation shall be remedied as soon as the
disclosing party learns of its error, by informing all adverse parties, in writing, of the error. The
parties should inform the Board only if necessary because of the filing of protected information
not in accordance with the provisions of paragraph 12.
7) Production of Documents.
If a party responds to requests for production under Federal Rule 34 by making copies and
forwarding the copies to the inquiring party, then the copies shall be prominently stamped or
marked, as necessary, with the appropriate designation from paragraph 1. If the responding party
makes documents available for inspection and copying by the inquiring party, all documents
shall be considered protected during the course of inspection. After the inquiring party informs
the responding party what documents are to be copied, the responding party will be responsible
for prominently stamping or marking the copies with the appropriate designation from paragraph
1. Any inadvertent disclosure without appropriate designation shall be remedied as soon as the
disclosing party learns of its error, by informing all adverse parties, in writing, of the error. The

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CORE/3002960.0002/106569326.2
parties should inform the Board only if necessary because of the filing of protected information
not in accordance with the provisions of paragraph 12.
8) Depositions.
Protected documents produced during a discovery deposition, or offered into evidence during a
testimony deposition shall be orally noted as such by the producing or offering party at the outset
of any discussion of the document or information contained in the document. In addition, the
documents must be prominently stamped or marked with the appropriate designation.
During discussion of any non-documentary protected information, the interested party shall make
oral note of the protected nature of the information.
The transcript of any deposition and all exhibits or attachments shall be considered protected for
30 days following the date of service of the transcript by the party that took the deposition.
During that 30-day period, either party may designate the portions of the transcript, and any
specific exhibits or attachments, that are to be treated as protected, by electing the appropriate
designation from paragraph 1. Appropriate stampings or markings should be made during this
time. If no such designations are made, then the entire transcript and exhibits will be considered
unprotected.
9) Filing Notices of Reliance.
When a party or its attorney files a notice of reliance during the party's testimony period, the
party or attorney is bound to honor designations made by the adverse party or attorney, or non-
party witness, who disclosed the information, so as to maintain the protected status of the
information.
10) Briefs.
When filing briefs, memoranda, or declarations in support of a motion, or briefs at final hearing,
the portions of these filings that discuss protected information, whether information of the filing
party, or any adverse party, or any non-party witness, should be redacted. The rule of
reasonableness for redaction is discussed in paragraph 12 of this order.
11) Handling of Protected Information.
Disclosure of information protected under the terms of this order is intended only to facilitate the
prosecution or defense of this case. The recipient of any protected information disclosed in
accordance with the terms of this order is obligated to maintain the confidentiality of the
information and shall exercise reasonable care in handling, storing, using or disseminating the
information.

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CORE/3002960.0002/106569326.2
12) Redaction; Filing Material With the Board.
When a party or attorney must file protected information with the Board, or a brief that discusses
such information, the protected information or portion of the brief discussing the same should be
redacted from the remainder. A rule of reasonableness should dictate how redaction is effected.
Redaction can entail merely covering a portion of a page of material when it is copied in
anticipation of filing but can also entail the more extreme measure of simply filing the entire
page under seal as one that contains primarily confidential material. If only a sentence or short
paragraph of a page of material is confidential, covering that material when the page is copied
would be appropriate. In contrast, if most of the material on the page is confidential, then filing
the entire page under seal would be more reasonable, even if some small quantity of non-
confidential material is then withheld from the public record. Likewise, when a multi-page
document is in issue, reasonableness would dictate that redaction of the portions or pages
containing confidential material be effected when only some small number of pages contain such
material. In contrast, if almost every page of the document contains some confidential material, it
may be more reasonable to simply submit the entire document under seal. Occasions when a
whole document or brief must be submitted under seal should be very rare .
Protected information, and pleadings, briefs or memoranda that reproduce, discuss or paraphrase
such information, shall be filed with the Board under seal. The envelopes or containers shall be
prominently stamped or marked with a legend in substantially the following form:
CONFIDENTIAL
This envelope contains documents or information that are subject to a protective order or
agreement. The confidentiality of the material is to be maintained and the envelope is not to be
opened, or the contents revealed to any individual, except by order of the Board.
13) Acceptance of Information; Inadvertent Disclosure.
Acceptance by a party or its attorney of information disclosed under designation as protected
shall not constitute an admission that the information is, in fact, entitled to protection.
Inadvertent disclosure of information which the disclosing party intended to designate as
protected shall not constitute waiver of any right to claim the information as protected upon
discovery of the error.
14) Challenges to Designations of Information as Protected.
If the parties or their attorneys disagree as to whether certain information should be protected,
they are obligated to negotiate in good faith regarding the designation by the disclosing party. If
the parties are unable to resolve their differences, the party challenging the designation may
make a motion before the Board seeking a determination of the status of the information.

14

CORE/3002960.0002/106569326.2
A challenge to the designation of information as protected must be made substantially
contemporaneous with the designation, or as soon as practicable after the basis for challenge is
known. When a challenge is made long after a designation of information as protected, the
challenging party will be expected to show why it could not have made the challenge at an
earlier time.
The party designating information as protected will, when its designation is timely challenged,
bear the ultimate burden of proving that the information should be protected.
15) Confidentiality Status Maintained as to Proceedings.
Information designated as confidential, highly confidential, or trade secret/commercially
sensitive shall not lose its protected status if used in any proceeding or hearing, whether through
testimony or documents, and the parties shall take all steps reasonably required to protect the
confidentiality status during such use.
15)16) Board's Jurisdiction; Handling of Materials After Termination.
The Board's jurisdiction over the parties and their attorneys ends when this proceeding is
terminated. A proceeding is terminated only after a final order is entered and either all appellate
proceedings have been resolved or the time for filing an appeal has passed without filing of any
appeal.
The parties may agree that archival copies of evidence and briefs may be retained, subject to
compliance with agreed safeguards. Otherwise, within 30 days after the final termination of this
proceeding, the parties and their attorneys shall either (1) return to each disclosing party the
protected information disclosed during the proceeding, and shall include any briefs, memoranda,
summaries, and the like, which discuss or in any way refer to such information or (2) . Iin the
alternative, the disclosing party or its attorney may make a written request that such materials
may be destroyed rather than returned and a written certification of such destruction provided to
the disclosing party.
16)17) Other Rights of the Parties and Attorneys.
This order shall not preclude the parties or their attorneys from making any applicable claims of
privilege during discovery or at trial. Nor shall the order preclude the filing of any motion with
the Board for relief from a particular provision of this order or for additional protections not
provided by this order.

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CORE/3002960.0002/106569326.2
CERTIFICATE OF SERVICE
I hereby certify that the foregoing Stipulation Regarding Proposed Protective Order was
served on May 3, 2016 to counsel for Applicant as follows:
Matthew H. Swyers, Esq.
THE TRADEMARK COMPANY PLLC
mswyers@TheTrademarkCompany.com
via electronic mail as expressly authorized

/s/ Timothy J. Feathers
Timothy J. Feathers
Attorney for Opposer