A Party's Registration As Evidence

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06.20.16

By Leslie Ruiter

The only documents that can be placed in evidence in a TTAB action by simply listing them in, and attaching them to, the initial pleadings are a party’s registrations.  Trademark Rule 2.122(c), 37 C.F.R. Sec. 2.122(c).  However, sometimes a party may fail to attach proper proof of title and status of a registration to its pleadings.  In that case, the party may be still able to rely on that registration if its existence, ownership, and status are described in its pleadings and the responding party has not denied such existence, ownership and status of the registration.  A similar result occurs of the adverse party treats the registration as being of record in a trial brief.  For this reason, when answering a pleading, be cautious about admitting the ownership or status of a registration.

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