Tag: Discovery

Discovery Procedure for USPTO Proceedings

Before getting involved in proceeding before the USPTO make sure to familiarize yourself with the process. As the proceeding begins a number of evidentiary presumptions and rules will be factors. Such presumptions can involve the basis of the application, dates regarding use, and continuous use amongst others. There are other rules that both parties will have to follow. Rules govern nearly every aspect of the process and apply to, but not limited to, amendments to marks, withdrawal of the application or opposition, deposition, discovery, what material is evidence, third-party use, and what evidence is considered admissible. Pleadings must be filed according to such rules. During the discovery phase all prescribed deadlines must be followed. The discovery period, along with disclosures and the trial, will be covered by a standard protective order. Discovery will include a conference, initial disclosures, interrogatories, document requests, and depositions. If a party is failing to comply with an aspect of discovery a motion for sanctions can be filed.

This blog is not legal advice and is not specific to your application. You should always consult an attorney.

Discovery

In order to plead or defend a claim for or against your trademark there will be a period of time before the trial known as discovery. Discovery is the process where both sides provide each other with the basis of their claims and relevant information. The goal of the process is to prevent any sort of surprise during the actual trial. This information is obtained several different ways. The first is initial disclosure which is where relevant information such as names and documents are disclosed early by both parties to accelerate the process. Interrogatories, or written questions, is way to obtain specific answers. In the same vein depositions, oral questions, can also be used to obtain direct answers from the other party. Depositions can be very useful, but they can also be disastrous if you or one of your witnesses are not prepared, have all the facts, or understand how important such testimony is. Requesting documents is another way information may be obtained during discovery. Documents can be requested both before and after the deposition. At all times during this process both parties have a duty to disclose complete and correct information. If you realize you made a mistake or discovered new information this should be corrected immediately.

This blog is not legal advice and is not specific to your application. You should always consult an attorney.