Monday, February 10, 2020

TTAB Issues Slightly Revised Standard Protective Order

The TTAB has issued a revised Standard Protective Order (here). Pursuant to Trademark Rule 2.116(g), this standard protective order is automatically imposed in all Board proceedings. The Board, after discussions with stakeholders, decided not to change the Order with respect to in-house counsel: in-house counsel are still not permitted to view information designated "Confidential – For Attorneys’ Eyes Only (Trade Secret/ Commercially Sensitive)."

NEW Standard Protective Order: An updated Standard Protective Order (SPO) is in place for all TTAB proceedings except those that have a stipulated protective agreement, approved by the Board, entered into the proceeding. Over the past two years, TTAB and stakeholders engaged in a discussion of possible changes to the SPO. The discussion focused on whether to allow in-house counsel access to materials designated "Confidential - For Attorneys' Eyes Only" (Trade Secret/Commercially Sensitive). The results were evenly split. As a result, there are no substantive changes from the SPO that was previously in effect. The New SPO is amended with minor changes to wording for readability and clarity. The New SPO is effective February 5, 2020.

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Text Copyright John L. Welch 2020.


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