404.07(i) Depositions on Written Questions: Service, Correction, and Making the Deposition of Record
37 C.F.R. § 2.124(f) The party who took the deposition shall promptly serve a copy of the transcript, copies of documentary exhibits, and duplicates or photographs of physical exhibits on every adverse party. It is the responsibility of the party who takes the deposition to assure that the transcript is correct (see § 2.125(c)). If the deposition is a discovery deposition, it may be made of record as provided by § 2.120(k). If the deposition is a testimonial deposition, the original, together with copies of documentary exhibits and duplicates or photographs of physical exhibits, shall be filed promptly with the Trademark Trial and Appeal Board.
The party that took the deposition on written questions must promptly serve a copy of the transcript, with exhibits, on every adverse party. [ Note 1.] See also TBMP § 703.01(m) for information regarding service of a testimony deposition transcript. The party that took the deposition must also assure that the transcript is correct. [ Note 2.] For information concerning correction of errors in a testimony deposition taken in a Board inter partes proceeding, see TBMP § 703.01(n).
If the discovery deposition is to be made of record, the same procedures provided by 37 C.F.R. § 2.120(k) are to be followed. [ Note 3.] With respect to making a discovery deposition of record, see TBMP § 704.09.
NOTES:
2. 37 C.F.R. § 2.124(f) and 37 C.F.R. § 2.125(b). Cf. Hollywood Casino LLC v. Chateau Celeste, Inc., 116 USPQ2d 1988. 1994-97 (TTAB 2015) (while a party may submit an errata sheet correcting typographical errors to a deposition transcript, such party may not submit or rely upon an errata sheet which substantively changes the deposition testimony).
3. 37 C.F.R. § 2.124(f). See also Fischer GmbH v. Molnar & Co., Inc., 203 USPQ 861, 866 n.6 (TTAB 1979).