Question regarding Trademark Trial & Appeal.Notice of opposition was filed by a company before the USPTO, the TM holder filed a response to the Notice of Opposition. The next step in the schedule is a "Discovery Conference." What is a discovery conference? What goes on during this?
Hello and thank you for your question. In short, a discovery conference is a meeting of the parties to discuss: their respective claims and defenses, the possibility of settling the case or at least narrowing the scope of claims or defenses, and/or arrangements relating to disclosures, discovery and introduction of evidence at trial in the event the parties do not agree to settle the case. Other topics may be discussed as well, these are just the items that the USPTO recommends be discussed. It is advisable to consult with an attorney, if you have not already, to assist in this type of conference as it is akin to a court proceeding and specific rules and laws apply at this stage that are not just specific to trademark. I hope this helps.
Specializing in patent prosecution, trademark and copyright registration/enforcement.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).