311.01(c)    Filing and Service of Answer

37 C.F.R. § 2.106(b)(1) An answer must be filed through ESTTA. In the event that ESTTA is unavailable due to technical problems, or when extraordinary circumstances are present, an answer may be filed in paper form. An answer filed in paper form must be accompanied by a Petition to the Director under § 2.146, with the fees therefor and the showing required under this paragraph (b).

37 C.F.R. § 2.114(b)(1) An answer must be filed through ESTTA. In the event that ESTTA is unavailable due to technical problems, or when extraordinary circumstances are present, an answer may be filed in paper form. An answer filed in paper form must be accompanied by a Petition to the Director under § 2.146, with the fees therefor and the showing required under this paragraph (b).

37 C.F.R. § 2.119(a) Except for the notice of opposition or the petition to cancel, every submission filed in the Office in inter partes cases, … must be served upon the other party or parties. Proof of such service must be made before the submission will be considered by the Office.

37 C.F.R. § 2.119(b) Service of submissions filed with the Board and any other papers served on a party not required to be filed with the Board, must be on the attorney or other authorized representative of the party if there be such or on the party if there is no attorney or other authorized representative, and must be made by email, unless otherwise stipulated…

One copy of the answer, and any exhibits thereto, must be filed with the Board. An answer must be filed through ESTTA. [ Note 1.] In the event that ESTTA is unavailable due to technical problems, or when extraordinary circumstances are present, an answer may be filed in paper form accompanied by a Petition to the Director and the requisite fee. [ Note 2.]

Another copy of the answer, with any exhibits thereto, must be served by the defendant upon the attorney for the plaintiff, or on the plaintiff if there is no attorney. [ Note 3.] The answer must bear proof (e.g., a certificate of service, consisting of a statement signed by the filing party, or by its attorney or other authorized representative, clearly stating the date and manner in which service was made) that such service has been made before the submission will be considered by the Board. [ Note 4.] See TBMP § 113 regarding certificates of service. The service of an answer filed with the Board must be made by email, unless otherwise stipulated. [ Note 5.] A party who attempts service by email but is unsuccessful due to technical problems or extraordinary circumstances, may effect service by other means. [ Note 6.] Service by other means should be accompanied by a written explanation or amended certificate of service. [ Note 7.]

For information on the time for filing an answer, see TBMP § 310.03.

Please Note: For answers filed on paper, the pendency of the Petition to the Director to file on paper will not act as a stay of proceedings, see 37 C.F.R. § 2.146(g), and parties should adhere to the trial schedule. [ Note 8.]

NOTES:

 1.   See 37 C.F.R. § 2.106(b)(1)  and 37 C.F.R. § 2.114(b)(1).

 2.   See 37 C.F.R. § 2.106(b)(1)  and 37 C.F.R. § 2.114(b)(1).

 3.   See 37 C.F.R. § 2.119(a)  and 37 C.F.R. § 2.119(b).

 4.   See 37 C.F.R. § 2.119(a)  and 37 C.F.R. § 2.119(b).

 5.   See 37 C.F.R. § 2.119(b).

 6.   See 37 C.F.R. § 2.119(b).

 7.   See 37 C.F.R. § 2.119(b).

 8.   MISCELLANEOUS CHANGES TO TRADEMARK TRIAL AND APPEAL BOARD RULES OF PRACTICE, 81 Fed. Reg. 69950, 69966 (October 7, 2016).