406.04(a) Time for Service of Responses
Fed. R. Civ. P. 34(b)(2)(A) Time to Respond. The party to whom the request is directed must respond in writing within 30 days after being served.
37 CFR § 2.120(a)(3) … Responses to interrogatories, requests for production of documents and things, and requests for admission must be served within thirty days from the date of service of such discovery requests.
Responses to requests for production must be served within 30 days after the date of service of the requests, unless otherwise stipulated by the parties or ordered by the Board. [ Note 1.] TBMP § 403.03. If service of the requests is made by first-class mail, Priority Mail Express®, or overnight courier, the date of mailing or of delivery to the overnight courier is considered to be the date of service, and five extra days are allowed for responding to the requests. [ Note 2.] TBMP § 113.05. In instances where the parties have agreed to electronic service, e.g. facsimile or email, no additional time is allowed for responding to the requests. [ Note 3.] TBMP § 403.03.
A party which fails to respond to requests for production during the time allowed therefor, and which is unable to show that its failure was the result of excusable neglect, may be found, on motion to compel filed by the propounding party, to have forfeited its right to object to the requests on their merits. [ Note 4.] TBMP § 403.03 and TBMP § 405.04(a).
NOTES:
1. Fed. R. Civ. P. 34(b)(2)(A); 37 CFR § 2.120(a).
3. MISCELLANEOUS CHANGES TO TRADEMARK TRIAL AND APPEAL BOARD RULES, 72 Fed. Reg. 42242, 42250 (August 1, 2007) ("As for agreed use by parties of email or fax for forwarding of service copies, the Office confirms that § 2.119(c) would not apply to service by electronic transmission (email or fax) under § 2.119(b)(6).").
4. See No Fear Inc. v. Rule, 54 USPQ2d 1551, 1555 (TTAB 2000) (applicant, having waived its right to object to discovery requests on their merits was not entitled to raise objection regarding place of production of documents).