This Opposition was filed at the USPTO Trademark Trial and Appeal Board (TTAB) on December 14, 2020 and assigned serial number 91266490 by the TTAB.

Defendant:
Excel Industries, Inc. represented by CLINTON G. NEWTON of SHOOK, HARDY & BACON L.L.P..
Trademark Information: DIABLO – US Trademark Serial Number 88610615
View Trademark Status at USPTO
View Trademark Documents at USPTO

Plaintiff:
Freud America, Inc. represented by THAD CHALOEMTIARANA of PATTISHALL, MCAULIFFE, NEWBURY, HILLIARD & GERALDSON.
Trademark Information: DIABLO – US Trademark Serial Number 76086467
View Trademark Status at USPTO
View Trademark Documents at USPTO

Prosecution History:
December 14, 2020 – FILED AND FEE
December 14, 2020 – NOTICE AND TRIAL DATES SENT; ANSWER DUE:
December 14, 2020 – INSTITUTED
January 25, 2021 – ANSWER
March 17, 2021 – P MOT FOR EXT W/ CONSENT
March 17, 2021 – EXTENSION OF TIME GRANTED
May 13, 2021 – P MOT FOR EXT W/ CONSENT
May 13, 2021 – EXTENSION OF TIME GRANTED
July 12, 2021 – D MOT TO SUSP W/ CONSENT PEND SETTL NEGOTIATIONS
July 13, 2021 – SUSPENDED
August 16, 2021 – D MOT TO SUSP W/ CONSENT PEND SETTL NEGOTIATIONS
August 16, 2021 – SUSPENDED
September 15, 2021 – P MOT TO SUSP W/ CONSENT PEND SETTL NEGOTIATIONS
September 15, 2021 – SUSPENDED
October 19, 2021 – D MOT TO SUSP W/ CONSENT PEND SETTL NEGOTIATIONS
October 19, 2021 – SUSPENDED
December 23, 2021 – D MOT TO SUSP W/ CONSENT PEND SETTL NEGOTIATIONS
December 23, 2021 – SUSPENDED
January 19, 2022 – P MOT TO SUSP W/ CONSENT PEND SETTL NEGOTIATIONS
January 19, 2022 – SUSPENDED
February 15, 2022 – D MOT TO SUSP W/ CONSENT PEND SETTL NEGOTIATIONS
February 15, 2022 – SUSPENDED
March 11, 2022 – D MOT TO SUSP W/ CONSENT PEND SETTL NEGOTIATIONS
March 11, 2022 – SUSPENDED
View this TTAB Proceeding at USPTO

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