Attachment A - APPENDIX OF FORMS
APPENDIX A: CERTIFICATE OF MAILING SUGGESTED FORMAT
APPENDIX B: CERTIFICATE OF TRANSMISSION SUGGESTED FORMAT
APPENDIX C: CERTIFICATE OF SERVICE SUGGESTED FORMAT
APPENDIX D: DESIGNATION OF DOMESTIC REPRESENTATIVE
APPENDIX E: SAMPLE TRIAL ORDER -- STANDARD
APPENDIX F: SAMPLE TRIAL AND BRIEFING ORDER WITH A COUNTERCLAIM
APPENDIX G: SAMPLE TRIAL ORDER FOR INTERFERENCE
APPENDIX H: SAMPLE TRIAL ORDERS FOR CONCURRENT USE PROCEEDINGS
APPENDIX I: NOTICE OF APPEAL – SUGGESTED FORMAT
APPENDIX A Certificate of Mailing Suggested Format
Certificate of Mailing
I hereby certify that this correspondence is being deposited with the United States Postal Service with sufficient postage as First-class mail in an envelope addressed to:
ATTN: Trademark Trial and Appeal Board
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
on ___________ _________________
Date Signature
_________________________________________
Typed or printed name of person signing certificate
APPENDIX B [Reserved.]
APPENDIX C
Certificate of Service Suggested Format
Shown below is a suggested format for a certificate of service:
I hereby certify that a true and complete copy of the foregoing ( insert title of submission ) has been served on ( insert name of opposing counsel or party ) by forwarding said copy on ( insert date of mailing ), via email (or insert other appropriate method of delivery) to: ( set out name and address of opposing counsel or party).
___________________________________
Signature
APPENDIX D
Designation of Domestic Representative
(Name of Domestic Representative), whose postal address is ______________________________ ______________________________________, is hereby designated (Name of Designating Party)'s representative upon whom notice or process in this proceeding may be served.
__________________________
(Signature of Designating Party)
__________________________
(Identification of Person Signing)
__________________________
(Date of Signature)
APPENDIX E
Sample Trial Order -- Standard
| Time to Answer | 7/22/2013 |
| Deadline for Discovery Conference | 8/21/2013 |
| Discovery Opens | 8/21/2013 |
| Initial Disclosures Due | 9/20/2013 |
| Expert Disclosures Due | 1/18/2014 |
| Discovery Closes | 2/17/2014 |
| Plaintiff's Pretrial Disclosures Due | 4/3/2014 |
| Plaintiff's 30-day Trial Period Ends | 5/18/2014 |
| Defendant's Pretrial Disclosures Due | 6/2/2014 |
| Defendant's 30-day Trial Period Ends | 7/17/2014 |
| Plaintiff's Rebuttal Disclosures Due | 8/1/2014 |
| Plaintiff's 15-day Rebuttal Period Ends | 8/31/2014 |
APPENDIX F
Sample Trial Order and Briefing With a Counterclaim
| Answer to Counterclaim Due | July 12, 2013 |
| Deadline for Discovery Conference | August 11, 2013 |
| Discovery Opens | August 11, 2013 |
| Initial Disclosures Due | September 10, 2013 |
| Expert Disclosures Due | January 8, 2014 |
| Discovery Closes | February 7, 2014 |
| Plaintiff's Pretrial Disclosures | March 24, 2014 |
| 30-day testimony period for plaintiff's testimony to close | May 8, 2014 |
| Defendant/Counterclaim Plaintiff's Pretrial Discloser | May 23, 2014 |
| 30-day testimony period for defendant and plaintiff in the counterclaim to close | July 7, 2014 |
| Counterclaim Defendant's and Plaintiff's Rebuttal Disclosure Dure | July 22, 2014 |
| 30-day testimony period for defendant in the counterclaim and rebuttal testimony for plaintiff to close | September 5, 2014 |
| Counterclaim Plaintiff's Rebuttal Disclosures Due | September 20, 2014 |
| 15-day rebuttal period for plaintiff in the counterclaim to close | October 20, 2014 |
| Brief for plaintiff due | December 19, 2014 |
| Brief for defendant and plaintiff in the counterclaim due | January 18, 2015 |
| Brief for defendant in the counterclaim and reply brief, if any, for plaintiff due | February 17, 2015 |
| Reply brief, if any, for plaintiff in counterclaim due | March 4, 2015 |
APPENDIX G Sample Trial Order for Interference
Set forth below is a sample trial and briefing schedule for an interference involving parties A, B, C, D, and E, where A is junior to every other party; B is junior to C, D, and E, and senior to A; C is junior to D and E, and senior to A and B; D is junior to E, and senior to A, B, and C; and E is senior to every other party:
THE PERIOD FOR DISCOVERY TO OPEN : January 2, 2003
THE PERIOD FOR DISCOVERY TO CLOSE : July 2, 2003
30-day testimony period for A to close : August 31, 2003
30-day testimony period for B to close : October 30, 2003
30-day testimony period for C to close : December 31, 2003
30-day testimony period for D to close : March 1, 2004
30-day testimony period for E to close : April 30, 2004
15-day rebuttal testimony period for
A to close : June 14, 2004
15-day rebuttal testimony period for
B to close : July 29, 2004
15-day rebuttal testimony period for
C to close : September 12, 2004
15-day rebuttal testimony period for
D to close : October 28, 2004
Briefs on final hearing (37 CFR 2.128) shall become due as follows:
Brief for A shall be due : December 27, 2004
Brief for B shall be due : January 26, 2005
Brief for C shall be due : February 25, 2005
Brief for D shall be due : March 27, 2005
Brief for E shall be due : April 26, 2005
Reply briefs, if any, shall be due as follows:
Reply brief for A shall be due : May 11, 2005
Reply brief for B shall be due : May 26, 2005
Reply brief for C shall be due : June 10, 2005
Reply brief for D shall be due : June 25, 2005
APPENDIX H Sample Trial Orders for Concurrent Use Proceedings
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.
APPENDIX I Notice of Appeal – Suggested Format
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
....................................................
(Name of applicant)
....................................................
(Serial Number of application)
....................................................
(Filing date of application)
....................................................
(Mark)
NOTICE OF APPEAL
Applicant hereby appeals to the Trademark Trial and Appeal Board from the decision of the Trademark Examining Attorney refusing registration.
By.........................................................
(Signature)
..............................................................
(Identification of person signing)