[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR2.121]

[Page 300-301]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                         DEPARTMENT OF COMMERCE
 
PART 2--RULES OF PRACTICE IN TRADEMARK CASES--Table of Contents
 
Sec. 2.121  Assignment of times for taking testimony.

    (a)(1) The Trademark Trial and Appeal Board will issue a trial order 
assigning to each party the time for taking testimony. No testimony 
shall be taken except during the times assigned, unless by stipulation 
of the parties approved by the Board, or, upon motion, by order of the 
Board. Testimony periods may be rescheduled by stipulation of the 
parties approved by the Board, or upon motion granted by the Board, or 
by order of the Board. If a motion to reschedule testimony periods is 
denied, the testimony periods may remain as set. The resetting of the 
closing date for discovery will result in the rescheduling of the 
testimony periods without action by any party.
    (2) The initial trial order will be mailed by the Board after issue 
is joined.
    (b)(1) The Trademark Trial and Appeal Board will schedule a 
testimony period for the plaintiff to present its case in chief, a 
testimony period for the defendant to present its case and to meet the 
case of the plaintiff, and a

[[Page 301]]

testimony period for the plaintiff to present evidence in rebuttal.
    (2) When there is a counterclaim, or when proceedings have been 
consolidated and one party is in the position of plaintiff in one of the 
involved proceedings and in the position of defendant in another of the 
involved proceedings, or when there is an interference or a concurrent 
use registration proceeding involving more than two parties, the Board 
will schedule testimony periods so that each party in the position of 
plaintiff will have a period for presenting its case in chief against 
each party in the position of defendant, each party in the position of 
defendant will have a period for presenting its case and meeting the 
case of each plaintiff, and each party in the position of plaintiff will 
have a period for presenting evidence in rebuttal.
    (c) A testimony period which is solely for rebuttal will be set for 
fifteen days. All other testimony periods will be set for thirty days. 
The periods may be extended by stipulation of the parties approved by 
the Trademark Trial and Appeal Board, or upon motion granted by the 
Board, or by order of the Board. If a motion for an extension is denied, 
the testimony periods may remain as set.
    (d) When parties stipulate to the rescheduling of testimony periods 
or to the rescheduling of the closing date for discovery and the 
rescheduling of testimony periods, a stipulation presented in the form 
used in a trial order, signed by the parties, or a motion in said form 
signed by one party and including a statement that every other party has 
agreed thereto, and submitted in a number of copies equal to the number 
of parties to the proceeding plus one copy for the Board, will, if 
approved, be so stamped, signed, and dated, and a copy will be promptly 
returned to each of the parties.

[48 FR 23138, May 23, 1983; 48 FR 27226, June 14, 1983, as amended at 54 
FR 34899, Aug. 22, 1989; 63 FR 48099, Sept. 9, 1998]