Document Requests
(Opposer to Applicant) (TTAB)

Summary

These are template document requests that an opposer (plaintiff) may serve on an applicant (defendant) in a trademark opposition proceeding before the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office (USPTO) based on likelihood of confusion with opposer's registered trademark. This template includes practical guidance, drafting notes, and alternate clauses. These requests assume applicant's mark is for goods. If the opposition involves services, different or additional grounds for opposition, or if the applicant asserted counterclaims, revise these requests accordingly. Also serve document requests early enough in the discovery period to allow time to follow up with requests for admission to authenticate the documents produced. This will allow introduction of the documents into evidence at trial using the notice of reliance procedure. For guidance on opposition proceedings before the TTAB, see TTAB Litigation: Procedural Considerations. For other TTAB resources, see TTAB Proceedings Resource Kit.