37 C.F.R. 2.114 - Answer

Cite as37 C.F.R. 2.114
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24 practice notes
  • Dille Family Trust v. Nowlan Family Trust, CIVIL ACTION NO. 15–6231
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • August 25, 2017
    ...present opposition to Defendant's trademark application was not a compulsory counterclaim to Defendant's cancellation petition. See 37 C.F.R. § 2.114 (identifying "[a] defense attacking the validity of any one or more of the registrations pleaded in the petition," as the sole compulsory cou......
  • Yamaha Intern. Corp. v. Hoshino Gakki Co., Ltd., 87-1128
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • March 7, 1988
    ...the grounds for opposition. The applicant is entitled to file an answer, and to present affirmative defenses and counterclaims. 37 C.F.R. Sec. 2.114(a), (b). In fact, the opposition and the answer correspond to the complaint and answer in a court proceeding, the assignment of testimony peri......
  • Zdenek Marek v. Old Navy (Apparel) Inc., No. 03 Civ. 4876(JES).
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • December 15, 2004
    ...revocation proceeding). A cancellation proceeding before the Board involves the filing of a petition and an answer. See 37 C.F.R. §§ 2.111, 2.114. The parties are entitled to conduct discovery, submit trial testimony and evidence, file motions, and may request oral argument to be heard by a......
  • Satco Prods. v. Thread Grp., 91231155
    • United States
    • United States Patent and Trademark Office. United States Patent and Trademark Office, Trademark Trial and Appeal Board
    • September 30, 2022
    ...pleaded Registration No. 5241768, Opposer may not attack the validity of the registration. See Trademark Rule 2.114(b)(3)(ii), 37 C.F.R. § 2.114(b)(3)(ii) ("An attack on the validity of a registration pleaded by a petitioner for cancellation will not be heard unless a counterclaim or separa......
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24 cases
  • Dille Family Trust v. Nowlan Family Trust, CIVIL ACTION NO. 15–6231
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • August 25, 2017
    ...present opposition to Defendant's trademark application was not a compulsory counterclaim to Defendant's cancellation petition. See 37 C.F.R. § 2.114 (identifying "[a] defense attacking the validity of any one or more of the registrations pleaded in the petition," as the sole compulsory cou......
  • Yamaha Intern. Corp. v. Hoshino Gakki Co., Ltd., No. 87-1128
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • March 7, 1988
    ...the grounds for opposition. The applicant is entitled to file an answer, and to present affirmative defenses and counterclaims. 37 C.F.R. Sec. 2.114(a), (b). In fact, the opposition and the answer correspond to the complaint and answer in a court proceeding, the assignment of testimony peri......
  • Zdenek Marek v. Old Navy (Apparel) Inc., No. 03 Civ. 4876(JES).
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • December 15, 2004
    ...revocation proceeding). A cancellation proceeding before the Board involves the filing of a petition and an answer. See 37 C.F.R. §§ 2.111, 2.114. The parties are entitled to conduct discovery, submit trial testimony and evidence, file motions, and may request oral argument to be heard by a......
  • Satco Prods. v. Thread Grp., 91231155
    • United States
    • United States Patent and Trademark Office. United States Patent and Trademark Office, Trademark Trial and Appeal Board
    • September 30, 2022
    ...pleaded Registration No. 5241768, Opposer may not attack the validity of the registration. See Trademark Rule 2.114(b)(3)(ii), 37 C.F.R. § 2.114(b)(3)(ii) ("An attack on the validity of a registration pleaded by a petitioner for cancellation will not be heard unless a counterclaim or separa......
  • Request a trial to view additional results

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