When no answer has been filed, all other deadlines are tolled. If the parties have continued to litigate after an answer is late‑filed, it will generally be viewed as a waiver of the technical default.
Month: June 2020
There are several organizations you can contact regarding ADR.
No. In order to introduce USPTO records into evidence you must follow the correct procedure. For more information please see TBMP Chapter 700 on Trial Procedure and the Introduction of Evidence.
No. See 15 U.S.C. § 1065 and TMEP § 1605.
Yes. See 15 U.S.C. § 1058 and TMEP § 1604.
If a proceeding has been commenced and is still pending at the TTAB, you or your counsel must file the amendment with the TTAB. The Examining Attorney does not have jurisdiction over the case while a proceeding is pending at the TTAB. The TTAB will consider the amendment and, if appropriate, enter it into the application file. See TBMP § 514. However, if an opposition is not yet pending, and the application is only under threat of an opposition because of the filing of an extension of time to oppose, you or your attorney may file a post publication amendment. If you wish to file such an amendment, you may do so by using the post publication amendment form available on-line via the Trademark Electronic Application System “TEAS“. In the latter circumstance, you and the potential opposer should note that the Board will not suspend the running of the extended opposition period to accommodate processing of the post publication amendment.
You must file a document stating what you wish to do. However, once an answer is filed, if you want the matter dismissed without prejudice, you will need to obtain the written consent of the other side; and, of course, you need to serve the other party to the proceeding with a copy of anything you file. If you do not obtain written consent, the proceeding will be dismissed with prejudice.
If any party wishes to have a TTAB professional participate in the required discovery conference, the party must either call the TTAB attorney assigned to the case or file a request through ESTTA. Such request should be made no later than ten (10) days prior to the deadline for conducting the discovery conference, so as to facilitate completion of the conference by the deadline. Filing a request using ESTTA is preferred; however, parties are encouraged to follow up a few days later with a phone call to the Board attorney assigned to the case if they have not yet been contacted by a TTAB attorney. See TBMP § 401.01.
No, written disclosures or disclosed documents, requests for discovery, and materials or depositions obtained through the discovery process should not be filed with the Board except when submitted with a motion relating to disclosure or discovery, or in support of or response to a motion for summary judgment, or under a notice of reliance, when permitted, during a party’s testimony period.
Your answer will be due on the next business day. See TBMP § 112.