37 CFR 2.116
Federal Rules of Civil Procedure.

Last updated in November 2005.
CFR Part Index

Previous Section (§2.115) | Next Section (§2.117)

§2.116 Federal Rules of Civil Procedure.

(a)
Except as otherwise provided, and wherever applicable and appropriate, procedure and practice in inter partes proceedings shall be governed by the Federal Rules of Civil Procedure.
(b)
The opposer in an opposition proceeding or the petitioner in a cancellation proceeding shall be in the position of plaintiff, and the applicant in an opposition proceeding or the respondent in a cancellation proceeding shall be in the position of defendant. A party that is a junior party in an interference proceeding or in a concurrent use registration proceeding shall be in the position of plaintiff against every party that is senior, and the party that is a senior party in an interference proceeding or in a concurrent use registration proceeding shall be a defendant against every party that is junior.
(c)
The opposition or the petition for cancellation and the answer correspond to the complaint and answer in a court proceeding.
(d)
The assignment of testimony periods corresponds to setting a case for trial in court proceedings.
(e)
The taking of depositions during the assigned testimony periods corresponds to the trial in court proceedings.
(f)
Oral hearing corresponds to oral summation in court proceedings.