404.10 Limit on Number of Discovery Depositions
The Trademark Rules do not specify a limit on the number of discovery depositions. [ Note 1.] Therefore, the deposition limit of the Federal Rules of Civil Procedure applies in Board proceedings. [ Note 2.] Accordingly, each party in a Board inter partes proceeding is limited to conducting ten discovery depositions [ Note 3.], unless the parties agree otherwise by written stipulation [ Note 4.], or if the Board, in its discretion, authorizes a party to conduct one or more additional depositions based on that party’s "particularized showing" of why the additional discovery is necessary, and the party establishes that each deposition previously taken without leave of the Board was necessary and the proposed additional deposition is proportional to the needs of the case in view of the Board’s limited jurisdiction. [ Note 5.]
For information on filing a motion for leave to serve additional depositions over the ten deposition limit, see TBMP § 519.
NOTES:
2. See 37 C.F.R. § 2.116(a); Spliethoff's Bevrachtingskantoor B.V. v. United Yacht Transport LLC, 2020 USPQ2d 10605, at *2 (TTAB 2020).
3. Fed. R. Civ. P. 30(a); 37 C.F.R. § 2.116(a).
4. Fed. R. Civ. P. 30(a)(2); Spliethoff's Bevrachtingskantoor B.V. v. United Yacht Transport LLC, 2020 USPQ2d 10605, at *4 (TTAB 2020).
5. Spliethoff's Bevrachtingskantoor B.V. v. United Yacht Transport LLC, 2020 USPQ2d 10605, at *2-4 (TTAB 2020).