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USPTO Proposes Changes to TTAB Rules of Practice
Practical Law Legal Update w-001-8345 (Approx. 3 pages)
USPTO Proposes Changes to TTAB Rules of Practice
by Practical Law Intellectual Property & Technology
| Published on 04 Apr 2016 • USA (National/Federal) |
The US Patent and Trademark Office (USPTO) has proposed rule changes related to practice before the Trademark Trial and Appeal Board (TTAB) to improve efficiency and clarity in inter partes and ex parte proceedings.
On April 1, 2016, the US Patent and Trademark Office (USPTO) issued a notice of proposed rulemaking seeking public comment on proposed amendments to the Trademark Rules of Practice for use before the Trademark Trial and Appeal Board (TTAB) (81 Fed. Reg. 19295-01 (Apr. 1, 2016)).
The proposed amendments will:
- Require that all submissions be filed through the Electronic System for Trademark Trials and Appeals (ESTTA).
- Eliminate the service requirement for notices of opposition and petitions to cancel.
- Promote other efficiencies in proceedings, like imposing discovery limitations and allowing parties to take testimony by affidavit or declaration, with the option for oral cross-examination.
- Address the TTAB's standard protective order and codify recent case law, including that pertaining to the submission of internet materials.
- Expressly incorporate the proportionality requirement in the 2015 amendments to the Federal Rules of Civil Procedure into the TTAB's proposed amended rules.
- Make minor changes to correct or update certain rules so that they clearly reflect current TTAB practice and terminology.
The revised rules would apply to:
- Pending cases.
- Cases commenced on or after the effective date of the rulemaking.
Interested parties may submit written comments no later than June 3, 2016.