316 Motions Relating to Pleadings
In opposition and cancellation proceedings, there is a wide range of motions relating to pleadings, including motions to dismiss, for a more definite statement, to strike, for judgment on the pleadings, to amend or supplement pleadings, etc. For information concerning these motions, see TBMP Chapter 500.
Please Note: The filing of various pleading motions under Fed. R. Civ. P. 12 will effectively act to stay the parties’ obligations to conference and, subsequently, make initial disclosures. [ Note 1.] In any case in which a defendant files a potentially dispositive motion under Fed. R. Civ. P. 12 directed to plaintiff’s pleading, the case is suspended for decision on the motion and the Board will reset the deadline for the discovery conference as well as all subsequent dates, as appropriate, when the motion is decided. [ Note 2.]
For more information regarding the parties’ obligations with respect to initial disclosures and the discovery conference, see TBMP § 401.01, TBMP § 401.02, TBMP § 408.01(a), and TBMP § 408.01(b).
NOTES:
1. MISCELLANEOUS CHANGES TO TRADEMARK TRIAL AND APPEAL BOARD RULES OF PRACTICE, 72 Fed. Reg. 42242, 42245 (August 1, 2007).
2. See 37 C.F.R. § 2.127(d); MISCELLANEOUS CHANGES TO TRADEMARK TRIAL AND APPEAL BOARD RULES OF PRACTICE, 81 Fed. Reg. 69950, 69951 (October 7, 2016) ("To clarify the obligations of the parties and render the status and timeline for a case more predictable, this final rule provides that a trial proceeding is suspended upon filing of a timely, potentially dispositive motion.").