IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD.

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1 Proceeding Party Correspondence Address Submission Filer's Name Filer's Signature Trademark Trial and Appeal Board Electronic Filing System. ESTTA Tracking number: ESTTA Filing date: 09/12/2016 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Defendant Marsha M. Linehan MARSHA M LINEHAN 3935 UNIVERSITY WAY NE SEATTLE, WA UNITED STATES Motion to Consolidate Jeffrey A Nelson jnelson@cairncross.com, trademark@cairncross.com /Jeffrey A Nelson/ Date 09/12/2016 Attachments Linehan - Motion to Consolidate.pdf(36357 bytes )

2 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Mental Health Systems, P.C., Lane Pederson & Associates, LLC, Cognitive and Behavioral Specialities d/b/a Dialectical Behavior Therapy National Certification et al Opposers, Opposition No.: Application Serial No.: Mark: DIALECTICAL BEHAVIOR THERAPY v. Dr. Marsha Linehan Applicant. Mental Health Systems, P.C., Lane Pederson & Associates, LLC; Lane Pederson, individually; and Cognitive and Behavioral Specialties d/b/a Dialectical Behavior Therapy National Certification and Accreditation Association, Cancellation No.: Registration No.: 4,204,315 Mark: DBT Petitioners, v. Dr. Marsha Linehan Respondent. MOTION TO CONSOLIDATE OPPOSITION AND CANCELLATION PROCEEDINGS Pursuant to Fed. R. Civ. P. 42(a), Applicant/Respondent, Dr. Marsha Linehan ( Dr. Linehan ) moves to consolidate of Trademark Opposition No , filed by Mental Health Systems, P.C.; Lane Pederson & Associates, LLC; and Cognitive and Behavioral Specialties d/b/a Dialectical Behavior Therapy National Certification and Accreditation Association ( Opposers ), and Trademark Cancellation No , filed by Mental Health Systems, { DOC;2 }

3 P.C., Lane Pederson & Associates, LLC; Lane Pederson, individually; and Cognitive and Behavioral Specialties d/b/a Dialectical Behavior Therapy National Certification and Accreditation Association ( Petitioners ) (together, the Proceedings ). The Proceedings involve identical marks, nearly identical parties, and substantially identical arguments against Dr. Linehan s registration of two of her trademarks, DBT and DIALECTICAL BEHAVIOR THERAPY, and cancellation of two registrations owned by one of the Opposers/Petitioners. FACTUAL BACKGROUND Dr. Linehan owns Registration No for the mark DBT which was registered on September 11, 2012, for use with educational services in Class 41, research and development services in Class 42, and psychotherapy services in Class 44. Dr. Linehan also filed application Serial No for the mark DIALECTICAL BEHAVIOR THERAPY for use with educational services in Class 41. Cognitive and Behavioral Specialities ( C&BS ) is the owner of Registration No for the mark DBTNCAA which was registered February 14, 2012, as well as Registration No for the mark shown below, which was registered on September 25, 2012 (collectively, the C&BS Marks ). On June 16, 2016, Opposers filed Opposition No against Serial No for the mark DIALECTICAL BEHAVIOR THERAPY based on the C&BS Marks. Then, on July 25, 2016, Petitioners, which include each of the Opposers and Lane Pederson, an individual and member of one or more of the Opposers, filed Cancellation No against Respondent s Registration No for the mark DBT. The Cancellation is also based upon the C&BS Marks. On July 26, 2016, Applicant filed its Answer to Opposition No as { DOC;2 } - 2 -

4 well as a Counterclaim to cancel the C&BS Marks. Then, on August 22, 2016, Petitioners filed their Answer to Applicant s Counterclaim. On September 12, 2016, Respondent filed its Answer to Cancellation No simultaneously with this Motion. In both of the Proceedings, the discovery period has not yet opened. ARGUMENT When actions before the board involve common questions of law and fact, the Board may consolidate the actions. Fed. R. Civ. P. 42(a)(2); TBMP 511. The Board weighs several factors in deciding to consolidate proceedings, including the savings of time, effort, and expense, and any prejudice or inconvenience that may result. Dating DNA LLC v. Imagini Holdings Ltd., 94 USPQ2d 1889, 1893 (TTAB 2010), Regatta Sport Ltd. V. Telux-Pioneer Inc., 20 USPQ2d 1154 (TTAB 1991); Estate of Biro v. Big Corp., 18 USPQ2d 1382 (TTAB 1991); Bigfoot 4x4 Inc. v. Bear Foot Inc., 5 USPQ2d 1444 (TTAB 1987). The Board may also consider whether the parties in each action are identical, but identity of parties is not necessary. New Orleans Louisiana Saints LLC v. Who Dat? Inc., 99 USPQ2d 1550, 1552 (TTAB 2011). Here, the Opposition and Cancellation involve effectively identical questions of law and fact. In each action, the questions before the Board relate to whether Dr. Linehan s marks are descriptive, generic, or were abandoned, and whether Dr. Linehan enjoys priority over the C&BS Marks. The marks involved in both Proceedings are the same and the parties are nearly identical only an individual, Lane Pederson, was named as a Petitioner but not an Opposer (and he is a member of at least one of the named Opposers). Given that the questions of fact and law before the Board are identical, or nearly so, consolidation will save the parties and the Board considerable time, effort and expense. { DOC;2 } - 3 -

5 Moreover, since the Proceedings have not yet reached the discovery period, there will be no prejudice to any party by consolidating the two actions. WHEREFORE, Dr. Linehan respectfully requests that the Board grant this Motion, consolidate the Proceedings, and issue a new joint scheduling order to reflect the consolidation. Dated: September 12, 2016 Respectfully submitted, Jeffrey A. Nelson Cairncross & Hempelmann nd Avenue, Suite 500 Seattle, Washington Attorneys for Dr. Linehan CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document is being served upon Petitioners counsel, Marsha Stolt, Moss & Barnett, PA, 150 South Fifth Street, Suite 1200, Minneapolis, Minnesota 55402, this 12 th day of September, 2016, by First Class Mail, postage prepaid. Jeffrey A. Nelson { DOC;2 } - 4 -