
		     TRADEMARK TRIAL AND APPEAL BOARD
			MANUAL OF PROCEDURE (TBMP)
 


			   TABLE OF CONTENTS 



Chapter 100 General Information

101  Applicable Authority

102  Nature of Board Proceedings

103  Location and Address of Board

104  Business to be Conducted in Writing

105  Contact With Board Personnel

106  Identification, Signature, and Form of Papers

107  How and Where to File Papers and Fees

108  Filing Receipts

109  Filing Date

110  Certificate of Mailing or Transmission Procedure

111  Certificate of Mailing by "Express Mail" Procedure

112  Times for Taking Action

113  Service of Papers

114  Representation of Party

115  Conduct of Practitioner

116  Termination of Representation

117  Correspondence - With Whom Held

118  Payment of Fees

119  Papers and Fees Generally Not Returnable

120  Proceeding Files and Exhibits
                              
121  Access to Files

122  Copying of Files

123  Certification

124  Application and Registration Status Information

125  Action by Assignee



Chapter 200  Extensions of Time to Oppose

201  In General

202  Time for Filing Request

203  Form of Request

204  Fee

205  Mark on Supplemental Register Not Subject to Opposition

206  Identification of Potential Opposer

207  Requirements for Showing of Cause

208  Essential Element Omitted

209  Action by Board on Request

210  Objections to Request

211  Relief From Action of Board

212  Amendment of Application During or After Extension

213  Effect of Restoration of Jurisdiction

214  Effect of Republication

215  Effect of Letter of Protest

216  Inadvertently Issued Registration

217  Relinquishment of Extension

218  Abandonment of Application

219  Amendment to Allege Use; Statement of Use



Chapter 300  Pleadings

301  Commencement of Proceeding

302  Mark on Supplemental Register Not Subject to Opposition

303  Who May Oppose or Petition to Cancel

304  Joint Opposers or Petitioners

305  Proceeding Against Multiple Class Application or Registration

306  Consolidated and Combined Complaints

307  Time for Filing Opposition

308  Time for Filing Petition to Cancel

309  Fee for Filing Opposition

310  Fee for Filing Petition to Cancel

311  Scope of Opposition and Petition to Cancel

312  Form of Opposition and Petition to Cancel

313  Exhibits to Pleadings

314  FRCP 11 Applicable

315  Notification of Proceeding

316  Time for Filing Answer

317  Default

318  Form of Answer

319  Counterclaims

320  Reply to Answer Should Not be Filed

321  Unpleaded Matters

322  Amendment of Pleadings

323  Motions Relating to Pleadings

324  Amendment to Allege Use; Statement of Use



Chapter 400  Discovery

401  In General

402  Scope of Discovery

403  Timing of Discovery

404  Discovery Depositions

405  Discovery Deposition Objections

406  Interrogatories

407  Responses to Interrogatories

408  Requests for Production of Documents and Things

409  Responses to Requests for Production

410  Requests for Admission

411  Responses to Requests for Admission

412  Duties to Cooperate, Search Records, Supplement

413  Filing Discovery Requests and Responses With Board

414  Motions Attacking Requests for Discovery

415  Remedy for Failure to Provide Discovery

416  Protective Orders

417  Telephone and Pre-trial Conferences

418  Discovery Sanctions

419  Discovery Guidelines



Chapter 500  Stipulations and Motions

501  Stipulations

502  Motions--In General

503  Motion to Dismiss for Failure to State a Claim

504  Motion for Judgment on the Pleadings

505  Motion for a More Definite Statement

506  Motion to Strike Matter From Pleading

507  Motion to Amend Pleading

508  Motion for Default Judgment for Failure to Answer

509  Motion to Extend Time; Motion to Reopen Time

510  Motion to Suspend; Motion to Resume

511  Motion to Consolidate

512  Motion to Join or Substitute

513  Motion to Withdraw as Representative; Petition to Disqualify

514  Motion to Amend Application or Registration

515  Motion to Remand Application to Examining Attorney

516  Motion to Divide Application

517  Motion to Strike Brief on Motion

518  Motion for Reconsideration of Decision on Motion

519  Motion for Leave to Serve Additional Interrogatories

520  Motion to Take Foreign Deposition Orally

521  Motion to Quash Notice of Deposition

522  Motion for Order re Manner or Place of Document Production

523  Motion to Compel Discovery

524  Motion to Test Sufficiency of Response to Admission Request

525  Motion to Withdraw or Amend Admissions

526  Motion for a Protective Order

527  Motion for Discovery Sanctions

528  Motion for Summary Judgment

529  Motion for FRCP 11, or Other Non-Discovery, Sanctions

530  Motion to Offer Discovery Deposition of Self or Nonparty

531  Motion to Use Testimony From Another Proceeding

532  Motion That Deposition Upon Written Questions Be Taken Orally

533  Motion to Strike Notice of Reliance

534  Motion to Strike Trial Testimony Deposition

535  Motion for Judgment for Plaintiff's Failure to Prove Case

536  Motion for Order to Show Cause Under Rule 2.134(b)

537  Motion for Order to Show Cause Under Rule 2.128(a)(3)

538  Motion for Leave to Exceed Page Limit for Brief on Case

539  Motion for Leave to File Amicus Brief

540  Motion to Strike Brief on Case

541  Motion for Augmented Panel Hearing

542  Motion to Change Oral Hearing Date; For Additional Time

543  Motion for Leave to Audiotape Oral Hearing

544  Motion for Reconsideration of Final Decision

545  Motion for Relief From Final Judgment



Chapter 600  Withdrawal; Settlement

601  Withdrawal by Opposition or Cancellation Plaintiff

602  Withdrawal by Opposition or Cancellation Defendant

603  Withdrawal by Interference or Concurrent Use Applicant

604  Consent to Judgment

605  Settlement

606  Effect on Counterclaim



Chapter 700  Introduction of Evidence

701  Time of Trial

702  Manner of Trial

703  Applications and Registrations

704  Statements and Things in Application or Registration

705  Exhibits to Pleadings or Briefs

706  Statements in Pleadings or Briefs

707  Official Records

708  Printed Publications

709  Discovery Depositions

710  Interrogatory Answers; Admissions

711  Produced Documents

712  Judicial Notice

713  Oral Depositions

714  Depositions Upon Written Questions

715  Testimony From Another Proceeding

716  Stipulated Evidence

717  Noncomplying Evidence

718  Objections to Evidence



Chapter 800  Briefs on Case, Oral Hearing, Final Decision

801  Briefs on the Case

802  Oral Hearing

803  Final Decision

804  Request for Reconsideration of Final Decision

805  Final Decision Remand to Examining Attorney

806  Termination of Proceeding

807  Status of Application After Proceeding



Chapter 900  Review of Decision of Board

901  Appeals--In General

902  Appeal to Court of Appeals for the Federal Circuit

903  Appeal by Civil Action

904  Access to Record During Appeal

905  Petition to Commissioner



Chapter 1000  Interferences

1001  In General

1002  Declaration of Interference

1003  Institution of Interference

1004  Issues in Interference

1005  Burden of Proof

1006  Addition of Party

1007  Conduct of Proceeding



Chapter 1100  Concurrent Use Proceedings

1101  In General

1102  Generation of Proceeding

1103  Parties to Proceeding; Involved Applications, Registrations

1104  Applications and Registrations Not Subject to Proceeding

1105  Commencement of Proceeding

1106  Answer

1107  Issue; Burden of Proof

1108  Conduct of Proceeding

1109  Settlement Providing for Concurrent Registration

1110  Effect of Abandonment of Involved Application

1111  Effect of Adverse Decision in Opposition or Cancellation

1112  "Conversion" of Opposition to Concurrent Use Proceeding

1113  Alteration of Limitations on Concurrent Registration



Chapter 1200  Ex Parte Appeals

1201  Propriety of Appeal

1202  Filing an Appeal


1203  Appeal Briefs

1204  Effect of Request for Reconsideration of Final Action

1205  Amendment of Application During Appeal

1206  Amendment to Allege Use; Statement of Use

1207  Submission of Evidence During Appeal

1208  Treatment of Evidence

1209  Remand for New Refusal or New Requirement

1210  Approval for Publication During Appeal

1211  Abandonment During Appeal

1212  Cancellation or Assignment of Cited Registration

1213  Suspension of Appeal

1214  Consolidation

1215  Alternative Positions

1216  Oral Hearing

1217  Final Decision

1218  Reopening (Amendment, etc., After Final Decision)

1219  Review of Final Decision



Appendix



Table of Cases Cited



Index
