706    Noncomplying Evidence

)37 CFR §  2.123 (l)  Evidence not considered. Evidence not obtained and filed in compliance with these sections will not be considered.

Evidence not obtained and filed in compliance with the rules of practice governing inter partes proceedings before the Board will not be considered by the Board. [ Note 1.]

NOTES:

 1.   37 CFR § 2.123(l). See Swiss Watch International Inc. v. Federation of the Swiss Watch Industry, 101 USPQ2d 1731, 1734-35 (TTAB 2012) (declaration and exhibits submitted with brief not an acceptable way to make evidence of record and materials are not treated as stipulated in view of objection and because defendant would not have stipulated if it could not provide further information); Baseball America Inc. v. Powerplay Sports Ltd., 71 USPQ2d 1844, 1846 n.8 (TTAB 2004) (materials submitted outside of applicant's assigned testimony period and which failed to comply with the Board's evidentiary rules given no consideration); The Maytag Co. v. Luskin's, Inc., 228 USPQ 747, 748 (TTAB 1986) (collection of twenty-nine registrations listed in appendix to brief not considered because not in compliance with rules of practice); Original Appalachian Artworks Inc. v. Streeter, 3 USPQ2d 1717, 1717 n.3 (TTAB 1987) (stating that a party may not reasonably presume evidence is of record when that evidence is not offered in accordance with the rules); Binney & Smith Inc. v. Magic Marker Industries, Inc., 222 USPQ 1003, 1009 n.18 (TTAB 1984) (copy of decision by Canadian Opposition Board attached to main brief and not otherwise properly made of record was not considered); Industrial Adhesive Co. v. Borden, Inc., 218 USPQ 945, 948 (TTAB 1983) (neither a recent photocopy of opposer’s claimed registration attached to pleading without status and title notation nor introduction during testimony of original certificate of registration without testimony as to status and title is sufficient); Angelica Corp. v. Collins & Aikman Corp., 192 USPQ 387, 391 n.10 (TTAB 1976) (evidence submitted for first time with brief not considered); Plus Products v. General Mills, Inc., 188 USPQ 520, 521 n.1 (TTAB 1975) (evidence submitted after filing of reply brief not considered); American Skein & Foundry Co. v. Stein, 165 USPQ 85, 85 (TTAB 1970) (discovery deposition timely filed but not accompanied by notice of reliance not considered).