In proceedings before the Trademark Trial and Appeal Board (TTAB), the early phases often set the tone for the entire litigation. Among these early events, the mandatory discovery conference—while sometimes treated as a mere procedural obligation—holds immense strategic value. Savvy practitioners understand that what happens during this initial meeting can shape case timelines, reduce conflict, and even tee up a smoother, faster resolution.

This article unpacks why the TTAB discovery conference is far more than a procedural checkbox. Drawing from best practices and TTAB tips highlighted in official guidance, we’ll explore how this single touchpoint can determine the efficiency—and ultimately, the success—of your case.

Understanding the Purpose of the Discovery Conference

The discovery conference is required under Rule 2.120(a) of the Trademark Rules of Practice and generally must occur within thirty days after the close of the pleadings. It’s the first formal opportunity for the parties to discuss the case together and outline how they’ll conduct discovery, resolve disputes, and manage the proceeding.

At a minimum, the parties must discuss the nature and basis of their claims and defenses, the possibility of settlement or early resolution, initial disclosures, and a proposed discovery schedule. While these sound straightforward, the discussion frequently veers into deeper procedural and strategic territory—including potential stipulations, motions practice, and even the possibility of Accelerated Case Resolution (ACR).

What makes the discovery conference unique in TTAB litigation is the optional, but encouraged, participation of the Interlocutory Attorney. When requested, the Board will provide a staff attorney to participate and help clarify procedural rules, guide the conversation, and keep both parties aligned on expectations. This is particularly useful when one party is unrepresented or where early confusion exists around pleadings or deadlines.

Why This Conference Deserves Real Preparation

Many attorneys underestimate the power of this short conference. In reality, it is your first and best chance to diagnose issues in the opposing party’s case and reduce downstream complications. Come to the meeting prepared not just with your talking points, but with a firm grasp of what you want to learn, what you’re willing to agree to, and what procedural inefficiencies you want to avoid.

For example, if the opposing party has asserted vague claims or dubious defenses, this is the time to raise those concerns. You can often get voluntary clarifications or even amendments at this stage, which can save weeks of motion practice. Likewise, if both sides recognize that discovery will be limited in scope, they may agree to constraints that reduce the burden on both parties.

Most importantly, this is the ideal forum to raise early settlement discussions or propose a joint stipulation to suspend proceedings while negotiations take place. The TTAB strongly encourages proactive settlement efforts and typically grants reasonable suspensions where the parties show good-faith efforts to resolve their dispute. Failure to explore this option during the conference can lead to lost time and avoidable legal fees.

Introducing ACR at the Earliest Stage

One of the most strategic uses of the discovery conference is to propose Accelerated Case Resolution (ACR). As emphasized in several TTAB tips, the earlier parties explore ACR, the more efficient their proceeding can be. ACR is not just a shortcut; it’s a flexible litigation format that allows parties to resolve cases based on a written record, stipulated facts, and agreed evidentiary submissions.

When introduced early, ACR can become the procedural backbone of the proceeding, allowing the parties to tailor deadlines, avoid oral testimony, and save substantial time. Even if ACR isn’t immediately adopted, raising it during the discovery conference keeps the door open to revisiting it later. It also signals to the Board that you’re aiming to litigate efficiently and in good faith.

Addressing Pro Se Opponents and Complex Opponents

The discovery conference is especially vital when one party is unrepresented. If the opposing side is a pro se applicant or respondent, Board participation is highly recommended. The Interlocutory Attorney can explain the rules and expectations clearly and prevent miscommunications that might otherwise lead to confusion or improper filings. It also creates a record that the pro se party has been given every opportunity to understand their obligations.

Conversely, when the opposing party is a larger entity or a known litigator, the conference can be your chance to gauge their willingness to cooperate. You can set the tone for professionalism, clarity, and transparency, all of which pay dividends later—especially when disputes over discovery or scheduling arise.

Clarifying Procedural Paths and Preventing Future Disputes

TTAB cases are notorious for procedural missteps that delay or derail proceedings. Issues like improper service, incorrect deadlines, and faulty disclosures often arise not from malice, but from misunderstanding. The discovery conference is a key moment to clear up confusion and align both parties on how they’ll handle filings, communication, and evidentiary formats.

You can use the meeting to confirm preferred methods of service (especially with email now being the standard), discuss the use of digital evidence, and confirm procedural interpretations related to the TBMP. This type of clarity can dramatically reduce the need for Board intervention later.

Moreover, parties often discover during the conference that they are willing to stipulate to more than initially assumed. Whether that means agreeing to certain facts, narrowing the issues, or limiting interrogatories, these early agreements save time and legal fees on both sides.

Treating the Conference Like a Strategic Touchpoint

The discovery conference should not be a scripted phone call. It should be treated as a strategic dialogue where each side learns more about the other’s approach and explores opportunities to simplify the case. It’s not uncommon for disputes to settle shortly after a productive discovery conference—especially when both parties realize they share a practical mindset.

Even in cases that don’t settle, a good conference can create a cooperative tone that makes the remaining stages—discovery, pretrial disclosures, and briefing—far less adversarial. In turn, this can help when requesting stipulations, managing tight deadlines, or resolving disputes informally.

Final Thoughts

The Trademark Trial and Appeal Board discovery conference is a foundational moment in any TTAB proceeding. While it may be brief, it presents a golden opportunity to clarify claims and defenses, propose settlement, explore ACR, and reduce procedural friction from the outset.

Practitioners who dismiss it as a perfunctory task miss one of the best opportunities to control the direction of the case. Those who treat it with the care and strategic foresight it deserves are often the ones who achieve faster, smarter, and more favorable outcomes.

Whether you’re dealing with a simple opposition or a complex cancellation, these TTAB tips all point to the same truth: the discovery conference is more than a meeting—it’s a turning point.