704.05(a)    Exhibits to Pleadings

37 CFR § 2.122(c)  Exhibits to pleadings. Except as provided in paragraph (d)(1) of this section, an exhibit attached to a pleading is not evidence on behalf of the party to whose pleading the exhibit is attached unless identified and introduced in evidence as an exhibit during the period for the taking of testimony.

37 CFR § 2.122(d)  Registrations.

  • (1) A registration of the opposer or petitioner pleaded in an opposition or petition to cancel will be received in evidence and made part of the record if the opposition or petition is accompanied by an original or photocopy of the registration prepared and issued by the United States Patent and Trademark Office showing both the current status of and current title to the registration, or by a current printout of information from the electronic database records of the USPTO showing the current status and title of the registration. For the cost of a copy of a registration showing status and title, see § 2.6(b)(4).

With two exceptions, exhibits attached to a pleading are not evidence on behalf of the party to whose pleading they are attached unless they are thereafter, during the time for taking testimony, properly identified and introduced in evidence as exhibits. [ Note 1.]

The first exception is a current status and title copy, prepared by the Office, of a plaintiff's pleaded registration. When a plaintiff submits an original or photocopy of a status and title copy, prepared and issued by the Office, of its pleaded registration as an exhibit to its complaint, the registration will be received in evidence and made part of the record without any further action by plaintiff. [ Note 2.]

The second exception is a current printout of information from the electronic database records of the USPTO showing the current status and title of the registration. When a plaintiff submits a printout of such information as an exhibit to its complaint, the registration will be received in evidence and made part of the record without any further action by plaintiff. [ Note 3.] See TBMP § 704.03(b)(1)(A). The printout may be taken from (a) the TSDR (Trademark Status and Document Retrieval) showing the current status and title (owner) of the registration and, if the TSDR printout does not reflect the current owner of the registration, a printout from the Office’s Assignment database demonstrating an assignment to the current owner of the registration; or (b) the TESS (Trademark Electronic Search System) electronic database of the Office along with a copy of records from the Assignment database showing and assignment to the current owner of the registration.

NOTES:

 1.   37 CFR § 2.122(c)  See Chanel, Inc. v. Makarczyk, 110 USPQ2d 2013, 2016 n.5 (TTAB 2014) (materials attached to answer not considered).

 2.   See 37 CFR § 2.122(c)  and 37 CFR §  2.122 (d) (1)  .

 3.   Bausch & Lomb Inc. v. Karl Storz GmbH & Co. KG, 87 USPQ2d 1526, 1530 n.4 (TTAB 2008). Cf. Melwani v. Allegiance Corp., 97 USPQ2d 1537, 1539-40 (pleaded registrations not of record where registration numbers were inputted in the ESTTA protocol but copies of registrations were not attached as exhibits).