In order to plead or defend a claim for or against your trademark there will be a period of time before the trial known as discovery. Discovery is the process where both sides provide each other with the basis of their claims and relevant information. The goal of the process is to prevent any sort of surprise during the actual trial. This information is obtained several different ways. The first is initial disclosure which is where relevant information such as names and documents are disclosed early by both parties to accelerate the process. Interrogatories, or written questions, is way to obtain specific answers. In the same vein depositions, oral questions, can also be used to obtain direct answers from the other party. Depositions can be very useful, but they can also be disastrous if you or one of your witnesses are not prepared, have all the facts, or understand how important such testimony is. Requesting documents is another way information may be obtained during discovery. Documents can be requested both before and after the deposition. At all times during this process both parties have a duty to disclose complete and correct information. If you realize you made a mistake or discovered new information this should be corrected immediately.

This blog is not legal advice and is not specific to your application. You should always consult an attorney.