Before discovery can occur in a TTAB trademark opposition or cancellation proceeding, attorneys for both sides must conduct a mandatory discovery conference to discuss the subjects identified in Rule 26(f) of the Federal Rules of Civil Procedure, including:
- claims and defenses of the TTAB case;
- possibility of settlement;
- plans for disclosures and discovery; and
- any changes to the TTAB’s standard protective order.
The conference must occur within 30 days after the answer is due. The parties do not file any discovery plans with the TTAB.