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ARTICLE · 12 JANUARY 2017

USPTO Changes To Fees And TTAB Rules To Go Into Effect This Week

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The number of requests for production of documents and requests for admission will be limited to 75 each, the same as the current limitation on interrogatories.

United StatesIntellectual Property

Brand owners and trademark practitioners take note: On January 14, 2017, the United States Patent and Trademark Office ("USPTO") will officially implement changes to the rules of practice before the Trademark Trial and Appeal Board ("TTAB"), including important changes to filing and service requirements, discovery protocol and limitations, evidence, and trial procedure, as well as an updated fee schedule that includes new fees for additional extensions of time to oppose.

The amendments to the Board rules are applicable to all cases pending on January 14, 2017, as well as those cases commenced on or after January 14, 2017. The changes affect many key aspects of proceedings, and attorneys and brand owners should ensure they adequately understand the amendments to the rules. In addition to the changes to Board procedure, the USPTO will implement a new fee schedule on January 14, 2017, that could potentially affect trademark prosecution and enforcement strategies.

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