412.02(a) Modification of Board’s Standard Protective Order upon Stipulation
If the parties choose to modify the terms of the Board’s standard protective order and enter into their own stipulated protective order, a copy of the executed agreement should be filed with the Board. The Board will acknowledge receipt of the agreement, but the parties should not wait for the Board’s acknowledgement to conduct themselves in accordance with the terms of their agreement. [ Note 1.] The terms of the agreement are binding as of the date the agreement is signed. Such an order may not be used as a means of circumventing paragraphs (d) and (e) of 37 C.F.R. § 2.27, which provide, in essence, that except for matter filed under seal pursuant to a protective order issued by a court or by the Board, the file of a published application or issued registration, and all proceedings relating thereto, are available for public inspection. [ Note 2.]
NOTES:
1. Intercontinental Exchange Holdings, Inc. v. N.w Y.rk Mercantile Exchange, Inc., 2021 USPQ2d 988, at *2 (TTAB 2021) (Board’s standard protective order may be modified by stipulation of the parties, approved by the Board, or upon motion granted by the Board).
2. See Duke University v. Haggar Clothing Co., 54 USPQ2d 1443, 1445 (TTAB 2000).