TTAB is seeking input on the current Standard Protective Order

Effective June 24, 2016, the TTAB revised its Standard Protective Order. In accordance with 37 C.F.R. § 2.116(g), the TTAB’s Standard Protective Order is made applicable to every pending case. The parties may substitute a mutually-agreed upon protective order, by stipulation approved by the TTAB; or a party, upon a motion granted by the TTAB, may seek to use an alternative order.

The June 24, 2016 Standard Protective Order incorporated the following changes:

• States it is automatically imposed in Board proceedings
• Recommends the parties execute for a binding agreement
• Makes it clear that the provisions govern testimony, testimony exhibits, and disclosures.
• Changes from three to two tiers of designation.
• Expressly includes personal health, medical and financial information in designation of Confidential – Attorneys’ Eyes Only
• Adds provision 15) addressing the “Consequences of Unchallenged Overdesignations"

Now that the June 24, 2016 Standard Protective Order has been in place for well over a year, the TTAB is seeking comments as to the overall sufficiency of the Standard Protective Order and suggestions for possible future changes. Please include an explanation of why specific changes are suggested.

The period for commenting will close January 31, 2018.

View the June 24, 2016 Standard Protective Order.

TTAB is seeking input on the current Standard Protective Order

IBM and Gilead support the current Standard Protective Order.

Gilead and IBM thank the United States Patent and Trademark Office (“Office”) for the opportunity to comment on the TTAB Standard Protective Order (“SPO”). We appreciate that the current SPO includes a designation for “Attorney’s Eyes Only” that excludes in-house counsel. We think that the outside counsel only designation is especially important in trademark proceedings. Gilead and IBM believe that “Attorney’s Eyes ...more »

Submitted by (@lisaulrich)

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TTAB is seeking input on the current Standard Protective Order

Standard Protective Order

31 January 2018 Honorable Mary Boney Denison U.S. Patent and Trademark Office Trademark Trial and Appeals Board Commission of Trademarks 600 Dulany Street Alexandria, VA 22314 Re: Comments on Revising TTAB’s Standard Protective Order Commissioner Denison: The TTAB Policy Collaboration Site has issued a request for comments relating to the Trademark Trial and Appeal Board’s Standard Protective Order (“SPO”) in effect ...more »

Submitted by (@ipo1972)

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TTAB is seeking input on the current Standard Protective Order

AIPLA Comments on TTAB's Standard Protective Order

January 2, 2018 The Honorable Gerald F. Rogers Chief Administrative Trademark Judge United States Patent and Trademark Office Trademark Trial and Appeal Board P.O. Box 1451 Alexandria, VA 22313–1451 Via email: gerard.rogers@uspto.gov Re: AIPLA Comments to the current TTAB Standard Protective Order, effective June 24, 2016 Dear Judge Rogers, The American Intellectual Property Law Association (AIPLA) is pleased to ...more »

Submitted by (@cheryl.butler)

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