What is a Notice of Reliance in a Trademark Opposition or Trademark Cancellation?

notice of reliance

In a trademark opposition or trademark cancellation, both parties can make certain types of materials part of the evidentiary record by filing them under a notice of reliance. Each party must file their notices of reliance and associated materials with the Trademark Trial and Appeal Board (TTAB) and serve them on the opposing party during its 30-day trial period. Neither party is required to file a notice of reliance during its trial period, but because it is a fairly easy and inexpensive way to submit certain evidence in support of their cases, the parties frequently utilize this procedure rather than more cumbersome methods (such as through witness verification during a testimony deposition).

What is the Trial Period in a Trademark Opposition or Trademark Cancellation?

trial period

The trial period is probably the most important and consequential part of a trademark opposition or trademark cancellation (especially for the plaintiff). It is the period of time during which the parties take the testimony of their witnesses (either orally or in the form of a written affidavit or declaration) and provide to the Trademark Trial and Appeal Board (TTAB) all of their documentary evidence for the TTAB’s review and consideration. Each party’s trial period begins about two weeks after the deadline for serving its Pretrial Disclosures.

What are Pretrial Disclosures in a Trademark Opposition or Trademark Cancellation?

pretrial disclosures

Preparing and serving Pretrial Disclosures on the opposing party is required in every trademark opposition or trademark cancellation proceeding that either (1) has not been settled by the parties after the discovery period has closed, or (2) has not been decided by the Trademark Trial and Appeal Board (TTAB) prior to the deadline for serving Pretrial Disclosures. The deadline set by the TTAB for serving them is about two weeks before the opening of a party’s 30-day trial period.

What are Initial Disclosures in a Trademark Opposition or Trademark Cancellation?

Initial Disclosures

Preparing and serving Initial Disclosures on the opposing party is one of the first things you must do in a trademark opposition or trademark cancellation proceeding. The deadline set by the Trademark Trial and Appeal Board (TTAB) for serving Initial Disclosures is generally about a month after the deadline for participating in the discovery conference. However, the Initial Disclosures deadline can quite easily be extended through mutual agreement between the parties and approval by the TTAB. In fact, the deadline is often extended multiple times because the parties might be engaged in ongoing negotiations to amicably resolve or settle the opposition/cancellation.

What is the Discovery Conference in a Trademark Cancellation?

discovery conference trademark cancellation

The discovery conference is the first thing the parties must do in a trademark cancellation after the answer is filed. The Trademark Trial and Appeal Board (TTAB) requires that the parties talk about particular matters concerning the cancellation before the discovery period opens. The parties are permitted to conduct the discovery conference in-person, but it’s typically done over the telephone for the sake of convenience. Although the TTAB doesn’t usually participate in the conference, either party may ask that a TTAB interlocutory attorney assist in scheduling and guiding the conference. This could be especially helpful if at least one of the parties has not retained an attorney.