706 Noncomplying Evidence
37 C.F.R. § 2.123(k) 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.]
Please Note: Effective January 14, 2017, former subsection (l) of 37 C.F.R. § 2.123 was amended and redesignated as 37 C.F.R. § 2.123(k).
NOTES:
1. 37 C.F.R. § 2.123(k). See Hunter Industries, Inc. v. Toro Co., 110 USPQ2d 1651, 1654 (TTAB 2014) (evidence submitted on flash drive stricken from record, parties may not by agreement override 37 C.F.R. § 2.126 provisions prescribing form of submission), appeal dismissed per stipulation, No. 14-CV-4463 (D. Minn. January 15, 2016); 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); 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).