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TTAB Proceedings Toolkit
Practical Law Toolkit w-002-4620 (Approx. 13 pages)
TTAB Proceedings Toolkit
by Practical Law Intellectual Property & Technology
| Maintained • USA (National/Federal) |
Resources to help counsel in the pleading, discovery, and trial stages of opposition and cancellation proceedings before the Trademark Trial and Appeal Board (TTAB).
Opposition and cancellation proceedings before the Trademark Trial and Appeal Board (TTAB) are similar to federal court litigation in many ways. However, there still are unique legal issues, rules, practices, and procedures that attorneys must know when representing clients in TTAB proceedings. This TTAB Proceedings Toolkit offers a variety of resources that provide guidance in all stages of TTAB proceedings, including:
- Preparing and filing pleadings.
- Taking discovery.
- Submitting evidence and briefs for trial.
- Terminating proceedings before trial.
This Toolkit includes resources that were written as guidance on oral depositions in general federal litigation. Oral deposition is similar in general federal litigation and TTAB proceedings. These resources are useful but they were not written for use in TTAB proceedings. Counsel must:
- Consider whether the scope of the TTAB proceeding requires discovery on all of the issues identified in the litigation resources.
- Modify the caption, language, and discovery topics of the Standard Documents as necessary for the TTAB proceeding.