Trademark Discovery Requests

Sample interrogatories & document requests in a trademark case

1. Identify with particularity each specific product or service (not just the general description as set forth by ABC in its federal application) which ABC’s ABC Marks are used, intended to be used, associated with or alluded to be associated with.


2. State the date ABC claims is the date of first use by ABC for the ABC Marks for each product or service identified in Interrogatory No. 1.

3. Describe in full and complete detail what efforts, if any, ABC has made to use the ABC Marks.


4. What is the meaning or commercial impression of ABC’s ABC Marks?


5. Describe the channels of distribution and/or intended channels of distribution for each product or service identified in response to Interrogatory No. 1.


1. For each product or service identified in Plaintiff’s response to Interrogatory No. 1 of Defendant’s First Set of Interrogatories to Plaintiff, produce each type of label, container, sticker, box, bag, packaging, brochure, advertisement, website screen print out and/or other means by which Plaintiff has applied or used (or intends to apply or use) the ABC Marks to the product or service.


2. All documents that report on, describe, refer to, and/or relate to Plaintiff’s use of the ABC Marks.  


3. All documents which Plaintiff will rely upon to establish the date(s) stated in Plaintiff’s response to Interrogatory No. 2 of Defendant’s Interrogatories.


4. All documents which Plaintiff will rely upon to establish the first display or public use of the ABC Marks by Plaintiff.


  1. 5.All documents which Plaintiff will rely upon to establish that the ABC Marks have been in continuous use from the date of first use to the present, including but not limited to any and all documents relating to any periods of non-use of the ABC Marks.


Interrogatories and Document Requests are tied together so that opposing side must produce documents supporting their interrogatory answers.


In Microsoft word format for easy editing and use.

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Trademark Infringement Discovery Product Details

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e-Legal form in Word format - 26 pages

Publisher - BRW Publishing (July 2007)

26 pages of sample discovery requests typical in a trademark infringement case.