at the same time, nor so nearly at the same time that reasonable opportunity for travel from one place of examination to the other cannot be had.

(b) The notice for taking testimony must be served (unless otherwise stipulated in an instrument in writing filed in the case) upon the attorney of record, if there be one, or, if there be no attorney of record, upon the adverse party. Reasonable time must be given therein for such adverse party to reach the place of examination. Such notice shall, with a statement signed by the attorney as to the fact, time and mode of service thereof, be attached to the deposition or depositions, whether the opposing party shall have cross-examined or not.

1.274. PERSONS BEFORE WHOM DEPOSITIONS MAY BE TAKEN. (a) Within the United States, or within a territory or insular possession of the United States, depositions shall be taken before an officer authorized to administer oaths by the laws of the United States or of the place where the examination is held.

(b) No such officer who is a relative or employee of either of the parties, or of their attorneys or agents, or interested, directly or indirectly, in the matter in controversy, either as counsel, attorney, agent or otherwise, shall be competent to take depositions, unless with the written consent of all the parties.

1.275. EXAMINATION OF WITNESSES. (a) Each witness before testifying shall be duly sworn according to law by the officer before whom his deposition is to be taken.

(b) The testimony shall be taken in answer to interrogatories, with the questions and answers recorded in their regular order by the officer, or by some other person (who shall be subject to the provisions of rule 274 (b)) in the presence of the officer except when his presence is waived on the record by agreement of the parties. The testimony shall be taken stenographically and transcribed, unless the parties present agree otherwise.

(c) In the absence of all opposing parties and their attorneys or agents, testimony may be taken in longhand, typewriting, or stenographically.

(d) All objections made at the time of the examination to the qualifications of the officer taking the deposition, or to the manner of taking it, or to the evidence presented, or to the conduct of any party, and any other objection to the proceedings, shall be noted by the officer upon the deposition. Evidence objected to shall be taken subject to the objections.

(e) When the testimony has been transcribed, the deposition shall be carefully read over by the witness, or by the officer to him, and shall then be signed by the witness in the presence of the officer unless the reading and the signature be waived on the record by agreement of all parties.

1.276. CERTIFICATION AND FILING BY OFFICER. The officer shall annex to the deposition his certificate showing: (a) Due administration of the oath by the officer to the witness before the commencement of his testimony; (b) the name of the person by whom the testimony was taken down, and whether, if not taken down by the officer, it was taken down in his presence; (c) the presence or absence of the adverse party; (d) the place, day, and hour of commencing and taking the deposition; (e) that the deposition was read by or to the witness before he signed the same, and that he signed the same in the presence of the officer; and (f) the fact that the officer was not disqualified as specified in rule 274. If any of the foregoing requirements are waivered, the certificate shall so state. The officer shall sign the certificate and affix thereto his seal of office, if he have such seal. Unless waived on the record by agreement, he shall then, without delay, securely seal in an envelope all the evidence, notices, and paper exhibits, inscribed upon the envelope a certificate giving the number and title of the case, the name of each witness, and the date of sealing, address the package, and forward the same to the Commissioner of Patents. If the weight or bulk of an exhibit shall exclude

it from the envelope, it shall unless waived on the record by agreement of all parties, be authenticated by the officer and transmitted in a separate package, marked and addressed as provided in this rule.

1.277. FORM OF DEPOSITION. (a) The pages of each deposition must be numbered consecutively, and the name of the witness plainly and conspicuously written at the top of each page. The testimony may be written on legal-size or letter-size paper, with a wide margin on the left hand side of the page, and with the writing on one side only of the sheet. The questions propounded to each witness must be consecutively numbered and each question must be followed by its answer.

(b) In order to have a ribbon copy of the record available as required by rule 253 (f), a carbon copy of the deposition may be executed by the witnesses and the officer and filed as required by rule 276.

(c) Exhibits must be numbered or lettered consecutively and each must be marked with the number and title of the case and the name of the party offering the exhibit. Entry and consideration may be refused to improperly marked exhibits.

1.278. DEPOSITIONS MUST BE FILED. All depositions which are taken must be duly filed in the Patent Office. On refusal to file, the Office at its discretion will not further hear or consider the contestant with whom the refusal lies; and the Office may, at its discretion, receive and consider a copy of the withheld deposition, attested by such evidence as is procurable.

1.279. INSPECTION OF TESTIMONY. After testimony is filed in the Office, it may be inspected by any party to the case, but it cannot be withdrawn for the purpose of printing. It may be printed by someone specially designated by the Office for that purpose, under proper restrictions.

1.281. ADDITIONAL TIME FOR TAKING TESTIMONY. If either party shall be unable to procure the testimony of a witness or witnesses within the time limited and said time has expired or is about to expire, and desires additional time for such purpose, he must file a motion, accompanied by a statement under oath setting forth specifically the cause of such inability, the name or names of the witness or witnesses, the facts expected to be proved by such witness or witnesses, the steps which have been taken to procure such testimony, and the dates on which efforts have been made to procure it.

1.282. OFFICIAL RECORDS AND PRINTED PUBLICATIONS. (a) Official records and any special matter contained in a printed publication, if competent evidence and pertinent to the issue, may be introduced in evidence by filing in the Patent Office a notice to that effect, before the closing of the time for taking the testimony of the party (before the time for taking the testimony in chief if such matters are not in rebuttal), specifying the record or the printed publication, the page or pages thereof to be used, indicating generally its relevancy, and accompanied by the record or authenticated copy, or the printed publication or a copy. The notice and copies of the record or publication must be served on each of the other parties.

(b) In the case of prior applications, the filing date of which is claimed, compliance with the requirements of rules 216 and 224 is sufficient notice under this rule.

1.283. TESTIMONY TAKEN IN ANOTHER INTERFERENCE OR ACTION. Upon motion duly made and granted, testimony taken in another interference proceeding, or testimony taken in a suit between the same parties or those in interest, may be used in an interference proceeding, so far as relevant and material, subject, however, to the right of any contesting party to recall or demand the recall of witnesses whose testimony has been taken, and to take other testimony in rebuttal of the testimony.

1.285. EFFECT OF ERRORS AND IRREGULARITIES IN DEPOSITIONS. Notice will not be taken of merely formai or technical objections which shall not appear to have wrought a substantial injury to the party raising them; and in case of such injury it must be made to appear that, as soon as the party became aware of the ground of objection, he gave notice thereof.

(a) As to notice. All errors and irregularities in the notice for taking a deposition are waived unless objection is promptly made and served in writing upon the party giving the notice.

(b) As to disqualification of officer. Objection to taking a deposition because of disqualification of the officer before whom it is to be taken is waived unless made before the taking of the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with reasonable diligence. (c) As to taking of deposition. (1) Objections to the competency of a witness or to the competency, relevancy, or materiality of testimony are not waived by failure to make them before or during the taking of the deposition, unless the ground of the objection is one which might have been obviated or removed if presented at that time.

(2) Errors and irregularities occurring at the oral examination in the manner of taking the deposition, in the form of the questions or answers, in the oath or affirmation, or in the conduct of the parties, and errors of any kind which might be obviated, removed, or cured if promptly presented, are waived unless seasonable objection thereto is made at the taking of the deposition.

(d) As to completion and return of deposition. Errors and irregularities in the manner in which the testimony is transcribed or the deposition is prepared, signed, certified, sealed, indorsed, transmitted, filed, or otherwise dealt with by the officer are waived unless a motion to suppress the deposition or some part thereof is made with reasonable promptness after such defect is, or with due diligence might have been, ascertained.

1.286. OBJECTIONS TO ADMISSIBILITY. Subject to the provisions of rule 285, objection may be made to receiving in evidence any deposition or part thereof, or any other evidence, for any reason which would require the exclusion of the evidence according to the established rules of evidence, which will be applied strictly by the Office.

2.124 Testimony by written questions. (a) A party may take the testimony of a witness by written questions to be propounded by an officer before whom depositions may be taken. See rule 1.274 of this chapter. The questions shall be served upon the other party within ten days after the opening date set for taking the testimony of the party submitting the questions, together with a notice stating the name and address of the person who is to answer them and the name or descriptive title and address of the officer before whom the deposition is to be taken. Within ten days thereafter a party so served may serve cross questions upon the party proposing to take the deposition. Within five days thereafter the latter may serve redirect questions upon a party who has served cross questions. Within three days after being served with redirect questions, a party may serve recross questions upon the party proposing to take the depositions. Written objections to questions may be served on the party propounding the questions, within the time allowed the objector for serving

further questions, and in response thereto substitute questions may be served, within three days.

(b) A copy of the notice and copies of all questions served shall be delivered by the party taking the testimony to the officer designated in the notice, who shall proceed to take the testimony of the witness in response to the questions and to prepare, certify, and file the deposition, attaching thereto the copy of the notice and the questions received by him. Such depositions are subject to the same rules for filing and serving copies as other depositions.

(c) On motion made within ten days after service of the notice and written questions, it may be ordered, for good cause shown, that the testimony be not taken in accordance with this section but by oral examination of the witness.

2.124a Testimony taken in foreign countries. Upon motion duly made and granted, testimony may be taken in foreign countries, upon complying with the following requirements:

(a) The motion must designate a place for the examination of the witnesses at which an officer duly qualified to take testimony under the laws of the United States in a foreign country shall reside, and it must be accompanied by a statement under oath that the motion is made in good faith, and not for the purposes of delay or of vexing or harassing any party to the case; it must also set forth the names of the witnesses, the particular facts to which it is expected each will testify, and the grounds on which is based the belief that each will so testify.

(b) It must appear that the testimony desired is material and competent, and that it cannot be taken in this country at all, or can not be taken here without hardship and injury to the moving party greatly exceeding that to which the opposite party will be exposed by the taking of such testimony abroad.

(c) Upon the granting of such motion, the Trademark Trial and Appeal Board will execute and forward to the moving party a commission authorizing the appropriate consular or other officer to take the depositions, and a time will be set within which the moving party shall serve in duplicate on each adverse party the interrogatories to be propounded to each witness, and such adverse party may, within a designated time, serve in duplicate, on the moving party crossinterrogatories. Objections to any of the interrogatories may be served with, or prior to service of, cross-interrogatories and objections to any of the cross-interrogatories may be served at any time before the depositions are taken, and testimony will be taken subject to the objections. Such objections will be considered and determined upon the hearing of the case if renewed at that time.

(d) As soon as the cross-interrogatories are served, the moving party will forward the interrogatories, the cross-interrogatories, the

commission, and security for official fees* to the proper officer, with the request that he notify the witnesses named to appear before him within a designated time and make answer thereto under oath; and that he reduce their answers to writing and transmit the same, under his official seal and signature to the Commissioner of Patents with the certificate prescribed in rule 1.276 of this chapter. The letter of transmittal of the moving party should direct attention of the consular or other officer to the instructions on the reverse side of the commission and should indicate that any insufficiency or excess of the security for official fees should be directed to the attention of the said party; and in view of the requirements of rules 1.253 and 2.125 of this chapter for filing and serving copies of testimony, the desired number of copies of the testimony should be requested by the moving party.

(e) By stipulation of the parties the requirements of paragraph (c) of this section as to written interrogatories and cross-interrogatories may be dispensed with, and the testimony may be taken before the proper officer upon oral interrogatories by the parties, their attorneys or their agents.

(f) Unless false swearing in the giving of such testimony before the officer taking it shall be punishable as perjury under the laws of the foreign state in which it shall be taken, it will not stand on the same footing in the Patent Office as testimony duly taken in the United States; but its weight in each case will be determined by the tribunal having jurisdiction of such case.

2.125 Copies of testimony. (a) One copy of the transcript of testimony (taken in accordance with rules 1.275 to 1.278 of this chapter or rule 2.124 or 2.124a) together with copies of documentary exhibits, shall be served on each adverse party within thirty days after completion of the taking of such testimony. The original transcript and exhibits and one copy of the transcript, shall be filed in the Patent Office as promptly as possible.

(b) Each transcript and the copies thereof shall comply with rule 1.253 of this chapter as to arrangement, indexing and form.

cant.

2.126 Allegations in application not evidence on behalf of appliThe allegation of dates of use in the application for registration of the applicant or registrant cannot be used as evidence in behalf of the party making the same nor are exhibits attached to pleadings, or specimens in application and registration files, considered

*[NOTE: The schedule of fees for services relating to taking testimony appears in Title 22 C.F.R., section 22.1, item 65. Ordinarily, the cost does not exceed $50.00; and it is therefore recommended that the security for official fees herein referred to be in the form of a bank draft or certified check in the amount of $50.00 payable to the officer identified in the commission. After the papers have been forwarded to the proper officer, inquiries or other communications concerning the taking of such testimony should be directed to such officer and not the Patent Office.]