902.06 Certified List
Trademark Act § 21(a)(3), 15 U.S.C. § 1071(a)(3) The Director shall transmit to the United States Court of Appeals for the Federal Circuit a certified list of the documents comprising the record in the United States Patent and Trademark Office. The court may request that the Director forward the original or certified copies of such documents during pendency of the appeal. In an ex parte case, the Director shall submit to that court a brief explaining the grounds for the decision of the United States Patent and Trademark Office, addressing all the issues involved in the appeal. The court shall, before hearing an appeal, give notice of the time and place of the hearing to the Director and the parties in the appeal.
When notice is filed in the USPTO of an appeal to the United States Court of Appeals for the Federal Circuit from a decision of the Board, the Director, via the Office of the Solicitor, sends to the Federal Circuit a statement indicating whether the notice of appeal was considered timely filed, and a certified list of the documents comprising the record in the USPTO, i.e., a certified copy of the list of docket entries containing the USPTO record of the proceeding. [ Note 1.] The Office of the Solicitor sends a copy of the certified list to every party to the proceeding. [ Note 2.]
When the Federal Circuit receives the notice of appeal, the Court dockets the appeal, and gives notice to all parties of the date of docketing, assigned appeal number, and the short case name. [ Note 3.] The appellant’s time in which to file its initial brief runs from the date of service of the certified list or index pursuant to Federal Circuit Rule 17(c). [ Note 4.]
NOTES:
1. Trademark Act § 21(a)(3), 15 U.S.C. § 1071(a)(3); Fed. Cir. R. 15(b)(1) and 17(b)(1).
2. Fed. Cir. R. 17(c).
3. Fed. Cir. R. 15(b)(3).
4. Fed. Cir. R. 31(a)(1)(B). For information concerning briefing schedules in consolidated cases in which more than one set of parties has appealed, see Fed. Cir. R. 31(a)(1)(D).