Federal Court Rules Apply in Trademark Board Discovery Requests

Parties in administrative trademark challenges must follow federal court discovery guidelines unless they agree otherwise, a tribunal told companies vying for a “Life is Better at the Track” trademark.

Chix Gear LLC didn’t specifically ask for dates and photographer names in its request for evidence from Princess Race Wear Corp., the Trademark Trial and Appeal Board said Nov. 26. Chix Gear argued that it inherently sought the metadata when it asked for the documentation demonstrating priority, but the TTAB said there’s “no basis” for “implicit” discovery requests.

The precedential decision from the U.S. Patent and Trademark Office tribunal shows the ...