Revised TTAB rules published, some take effect August 31, others November 1
August 01, 2007

As noted last week, the revised TTAB rules were published in today's Federal Register. The final rules are somewhat different than those proposed last January. Some of the new rules include:

  • Opposers/Petitioners will serve copies of the notice of opposition or cancellation petition on the opposing party directly, rather than having the TTAB send out the papers [Revised 37 C.F.R. § 2.105]
  • Adoption of mandatory disclosure requirements, similar to those in Federal Rule 26(a)(1) [Revised 37 C.F.R. § 2.120(a)]
  • Requirement for a discovery conference, that may include participation by a TTAB attorney upon request of a party [Revised 37 C.F.R. § 2.120(b)]
  • Discovery requests may not be sent out by a party until that party has made its initial disclosures [Revised 37 C.F.R. § 2.120(c)]
  • Entry of the TTAB standard protective order in all cases, unless the parties agree to a different order, or one party moves for entry of a different order and it is granted [New 37 C.F.R. § 2.116(g)]

Notably absent from the revised rules was the initially-proposed reduction in the number of interrogatories from 75 to 25.

Several of the new rules, including the rules relating to service of notices of opposition and petitions to cancel and entry of the standard TTAB protective order, take effect the end of this month.

To read the full notice, click here.

The TTABlog provides additional commentary here.

Update (8/21): The TTAB has posted a chart summarizing the revisions on its website here.

Post has no comments.
Post a Comment

Captcha Image
Return to the Filewrapper Blog
  Newer Posts Older Posts  


The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.


McKee, Voorhees & Sease, P.L.C. provides this blog for general informational purposes only. By using this blog, you agree that the information on this blog does not constitute legal or other professional advice and no attorney-client or other relationship is created between you and McKee, Voorhees & Sease, P.L.C. Do not consider this blog to be a substitute for obtaining legal advice from a qualified, licensed attorney. While we try to revise this blog on a regular basis, it may not reflect the most current legal developments. We consciously refrain from expressing opinions on this blog and instead, offer it as a form of information and education, however if there appears an expression of opinion, realize that those views are indicative of the individual and not of the firm as a whole

Connect with MVS

Enter your name and email address to recieve the latest news and updates from us and our attorneys.

Subscribe to: MVS Newsletter

Subscribe to: Filewrapper® Blog Updates

  I have read and agree to the terms and conditions of McKee, Voorhees & Sease, P.L.C.