37 C.F.R. 2.122 - Matters in evidence
| Cite as | 37 C.F.R. 2.122 |
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1129 practice notes
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In re Tam, No. 2014–1203.
...also argues that we should not consider this evidence because it is unauthenticated hearsay and does not satisfy the requirements of 37 C.F.R. § 2.122(a), which applies the Federal Rules of Evidence to inter partes proceedings. However, § 2.122(a) does not apply to ex parte proceedings. For......
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Yamaha Intern. Corp. v. Hoshino Gakki Co., Ltd., No. 87-1128
...provided," 37 C.F.R. Sec. 2.120, and are applied to evidentiary matters in conjunction with the Federal Rules of Evidence, 37 C.F.R. Sec. 2.122(a). The opposer in any opposition proceeding is in the position of plaintiff, and the applicant is in the position of defendant. 37 C.F.R. Sec......
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B&B Hardware, Inc. v. Hargis Indus., Inc., No. 13–352.
...These proceedings, for instance, are largely governed by the Federal Rules of Civil Procedure and Evidence. See 37 C.F.R. §§ 2.116(a), 2.122(a) (2014). The TTAB also allows discovery and depositions. See §§ 2.120, 2.123(a). The party opposing registration bears the burden of proof, see § 2.......
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B & B Hardware, Inc. v. Hargis Indus., Inc., No. 13–352.
...These proceedings, for instance, are largely governed by the Federal Rules of Civil Procedure and Evidence. See 37 C.F.R. §§ 2.116(a), 2.122(a) (2014). The TTAB also allows discovery and depositions. See §§ 2.120, 2.123(a). 575 U.S. 144 The party opposing registration bears the burden of pr......
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1182 cases
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In re Tam, 2014–1203.
...also argues that we should not consider this evidence because it is unauthenticated hearsay and does not satisfy the requirements of 37 C.F.R. § 2.122(a), which applies the Federal Rules of Evidence to inter partes proceedings. However, § 2.122(a) does not apply to ex parte proceedings. For......
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B & B Hardware, Inc. v. Hargis Indus., Inc., 13–352.
...These proceedings, for instance, are largely governed by the Federal Rules of Civil Procedure and Evidence. See 37 C.F.R. §§ 2.116(a), 2.122(a) (2014). The TTAB also allows discovery and depositions. See §§ 2.120, 2.123(a). 575 U.S. 144 The party opposing registration bears the burden of pr......
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B&B Hardware, Inc. v. Hargis Indus., Inc., 13–352.
...These proceedings, for instance, are largely governed by the Federal Rules of Civil Procedure and Evidence. See 37 C.F.R. §§ 2.116(a), 2.122(a) (2014). The TTAB also allows discovery and depositions. See §§ 2.120, 2.123(a). The party opposing registration bears the burden of proof, see § 2.......
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Yamaha Intern. Corp. v. Hoshino Gakki Co., Ltd., 87-1128
...otherwise provided," 37 C.F.R. Sec. 2.120, and are applied to evidentiary matters in conjunction with the Federal Rules of Evidence, 37 C.F.R. Sec. 2.122(a). The opposer in any opposition proceeding is in the position of plaintiff, and the applicant is in the position of defendant. 37 C.F.R......
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3 firm's commentaries
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After B&B Hardware, What is the Full Scope of Estoppel Arising From a PTAB Decision in District Court Litigation?
...at 1309. [14] See 15 U.S.C. § 1067; 35 U.S.C. § 6 (administrative judges); 37 C.F.R. Part 2 (trademark regulations); 37 C.F.R. §§ 2.120 and 2.122; 37 C.F.R. Part 42 (procedural rules); and 37 C.F.R. §§ 42.51 (discovery) and § 42.62 (Federal Rules of Evidence). [15] See 15 U.S.C. § 1071(a); ......
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MBHB Snippets: Review of Developments in Intellectual Property Law: Spring 2015 - Vol. 13, Issue 2
...Ct. at 1309. 14 See 15 U.S.C. § 1067; 35 U.S.C. § 6 (administrative judges); 37 C.F.R. Part 2 (trademark regulations); 37 C.F.R. §§ 2.120 and 2.122; 37 C.F.R. Part 42 (procedural rules); and 37 C.F.R. §§ 42.51 (discovery) and § 42.62 (Federal Rules of Evidence). 15 See 15 U.S.C. § 1071(a); ......
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The Cold War Museum, Inc. v. Cold War Air Museum, Inc., 2009 WL 3644936 (Fed. Cir. Nov. 5, 2009)
...proven acquired distinctiveness on the record and granted the petition to cancel. ANALYSIS On appeal, the Federal Circuit found that 37 CFR § 2.122(b) clearly and unambiguously provides that the record in a cancellation automatically includes the entire file of the registration at issue. 37......
1 books & journal articles
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Trends Before the Trademark Trial and Appeal Board
...because such evidence was not considered suitable as an acceptable “printed publication” in general circulation in accordance with 37 C.F.R. § 2.122(e). That all ended about six years ago, however, when the TTAB changed its practice regarding Internet evidence. The TTAB’s decision in Safer ......