1109.01 Sample Trial Schedules - Cases Commenced On or After November 1, 2007
Set forth below is a sample trial and briefing schedule for a concurrent use proceeding involving parties A, B, C, D, and E, where A, B, C, and D are all concurrent use applicants, A’s application has the latest filing date, B’s application has the next-latest filing date, C’s application has the next-latest filing date, D’s application has the earliest filing date, and E is a specified concurrent user which does not own an involved application or registration (the trial and briefing schedule would look the same if E were a concurrent use applicant whose application had the earliest filing date, or if E owned an involved registration):
| Mailing Date | 6/1/2010 |
| Time to Answer | 7/11/2010 |
| Deadline for Discovery Conference | 8/10/2010 |
| Discovery Opens | 8/10/2010 |
| Initial Disclosures Due | 9/9/2010 |
| Expert Disclosures Due | 1/7/2011 |
| Discovery Closes | 2/6/2011 |
| A’s Pretrial Disclosures Due | 3/23/2011 |
| A’s 30-day Trial Period Ends | 5/7/2011 |
| B’s Pretrial Disclosures Due | 5/22/2011 |
| B’s 30-day Trial Period Ends | 7/6/2011 |
| C’s Pretrial Disclosures Due | 7/21/2011 |
| C’s 30-day Trial Period Ends | 9/4/2011 |
| D’s Pretrial Disclosures Due | 9/19/2011 |
| D’s 30-day Trial Period Ends | 11/3/2011 |
| E’s Pretrial Disclosures Due | 11/18/2011 |
| E’s 30-day Trial Period Ends | 1/2/2012 |
| A’s Rebuttal Disclosures Due | 1/17/2012 |
| A’s 15-day Rebuttal Period Ends | 2/16/2012 |
| B’s Rebuttal Disclosures Due | 3/2/2012 |
| B’s 15-day Rebuttal Period Ends | 4/1/2012 |
| C’s Rebuttal Disclosures Due | 4/16/2012 |
| C’s 15-day Rebuttal Period Ends | 5/16/2012 |
| D’s Rebuttal Disclosures Due | 5/31/2012 |
| D’s 15-day Rebuttal Period Ends | 6/30/2012 |
| Briefs on Final Hearing (37 CFR § 2.128) | |
| shall become due as follows: | |
| BRIEF FOR A is due | 8/29/2012 |
| BRIEF FOR B is due | 9/28/2012 |
| BRIEF FOR C is due | 10/28/2012 |
| BRIEF FOR D is due | 11/27/2012 |
| BRIEF FOR E is due | 12/27/2012 |
| REPLY BRIEFS, if any, shall be due as follows: | |
| REPLY BRIEF FOR A is due | 1/11/2013 |
| REPLY BRIEF FOR B is due | 1/26/2013 |
| REPLY BRIEF FOR C is due | 2/10/2013 |
| REPLY BRIEF FOR D is due | 2/25/2013 |
Set forth below is another sample trial and briefing schedule for a concurrent use proceeding involving parties X, Y, and Z, where X is a concurrent use applicant, Y owns a registration which is involved in the proceeding, and Z is a specified concurrent user which does not own an involved application or registration:
| Mailing Date | 6/1/2010 |
| Time to Answer | 7/11/2010 |
| Deadline for Discovery Conference | 8/10/2010 |
| Discovery Opens | 8/10/2010 |
| Initial Disclosures Due | 9/9/2010 |
| Expert Disclosures Due | 1/7/2011 |
| Discovery Closes | 2/6/2011 |
| X’s Pretrial Disclosures Due | 3/23/2011 |
| X’s 30-day Trial Period Ends | 5/7/2011 |
| Y’s Pretrial Disclosures Due | 5/22/2011 |
| Y’s 30-day Trial Period Ends | 7/6/2011 |
| Z’s Pretrial Disclosures Due | 7/21/2011 |
| Z’s 30-day Trial Period Ends | 9/4/2011 |
| X’s Rebuttal Disclosures Due | 9/19/2011 |
| X’s 15-day Rebuttal Period Ends | 10/19/2011 |
| Briefs on Final Hearing (37 CFR § 2.128) | |
| shall become due as follows: | |
| BRIEF FOR X is due | 12/18/2011 |
| BRIEF FOR Y is due | 1/17/2012 |
| BRIEF FOR Z is due | 2/16/2012 |
| REPLY BRIEFS, if any, shall be due as follows: | |
| REPLY BRIEF FOR X is due | 3/2/2012 |
The trial and briefing schedule set forth immediately above would look the same if Y and Z were both specified concurrent users that did not own an involved application or registration. If X, Y, and Z were all concurrent use applicants, there would be a separate testimony period and pretrial disclosure due date for each party, and X and Y would each have a separate rebuttal testimony period; each party would also be allowed time to file a brief on the case, but only X and Y would be allowed time in which to file a reply brief.
Set forth below is a sample trial and briefing schedule used where A is a concurrent use applicant, and B, C, and D are named excepted users, none of which own a registration or pending trademark application. In this case, the trial schedule is issued only after the date for answer has passed, and if a defending user fails to file an answer, it will not be included on the schedule.
| Deadline for Discovery Conference | 8/10/2010 |
| Discovery Opens | 8/10/2010 |
| Initial Disclosures Due | 9/9/2010 |
| Expert Disclosures Due | 1/7/2011 |
| Discovery Closes | 2/6/2011 |
| A’s Pretrial Disclosures | 3/23/2011 |
| A’s 30-day Trial Period Ends | 5/7/2011 |
| B’s Pretrial Disclosures | 5/22/2011 |
| B’s 30-day Trial Period Ends | 7/6/2011 |
| C’s Pretrial Disclosures | 7/21/2011 |
| C’s 30-day Trial Period Ends | 9/4/2011 |
| D’s Pretrial Disclosures | 9/19/2011 |
| D’s 30-day Trial Period Ends | 11/3/2011 |
| A’s Rebuttal Disclosures | 11/18/2011 |
| A’s 15-day Rebuttal Period Ends | 12/18/2011 |
With the exceptions noted above, the practices and procedures in cases commenced on or after November 1, 2007 for conducting discovery conferences, serving initial, expert, and pretrial disclosures, taking discovery, filing motions, introducing evidence, briefing the case, presenting oral arguments at final hearing, and seeking review of a decision of the Board, are essentially the same in a concurrent use proceeding as in an opposition or cancellation proceeding.
The practices and procedures for taking discovery, filing motions, introducing evidence, briefing the case, presenting oral arguments at final hearing, and seeking review of a decision of the Board, are essentially the same in a concurrent use proceeding as in an opposition or cancellation proceeding.