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TTAB Decisions - FOIA Final Decisions - View in sections - United

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What is the testimony period for TTAB?

The testimony periods for both the plaintiff and defendant will be 30 days long. Plaintiff will also have a rebuttal testimony period of 15 days, where the plaintiff can take additional testimony and file a notice of reliance to rebut the defendants evidence.

What is the discovery process in TTAB?

If you are a party in a Trademark Trial and Appeal Board (Board) Proceeding, you will participate in the discovery process. This process serves the same purpose as it would in federal or state court. Discovery permits parties to obtain facts, ascertain the identity of relevant witnesses, and obtain documents.

Does TTAB follow federal rules of civil procedure?

The USPTO rules governing procedure in inter partes proceedings before the TTAB are adapted, in large part, from the Federal Rules of Civil Procedure, with modifications due primarily to the administrative nature of the TTAB proceedings.

Can you appeal a TTAB decision?

Parties can appeal unsatisfactory TTAB decisions. A party may appeal a TTAB decision to a district court, where it is reviewed de novo. De novo review generally means that the district court can take a fresh look at all factual and legal determinations.

Do you file initial disclosures in TTAB?

No, a party must make its initial disclosures prior to seeking discovery [37 CFR 2.120(a)(3)]. Unless a case is settled early, a party should consider serving Initial Disclosures at or near the Discovery Conference to give itself the option of serving discovery requests sooner (i.e., as soon as discovery opens).

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