Trademark applicants and registrants must file all trademark submissions electronically using the Trademark Electronic Application System (TEAS) at https://teas.uspto.gov, and provide an email address for receiving USPTO correspondence, with limited exceptions. See 37 C.F.R. §§2.21, 2.23, 7.4, 7.25.
Limited Exceptions for Paper Submissions.
The requirement to file all trademark correspondence through TEAS does not apply to:
Unless one of the above exceptions applies, applicants or registrants that file a paper submission will receive a notice from the USPTO indicating that the submission will not be processed and will be destroyed in accordance with the relevant record-retention schedule. If a check or money order was included with the paper submission, it will be returned with the USPTO notice.
Trademark Trial and Appeal Board. The Electronic System for Trademark Trials and Appeals (ESTTA) is the USPTO’s electronic filing system, which is available at https://estta.uspto.gov/, for filing documents in Trademark Trial and Appeal Board (Board) proceedings. See 37 C.F.R §2.126(a). Parties to Board proceedings must use ESTTA to file requests for extensions of time to oppose, notices of opposition, petitions to cancel, appeals, motions, briefs, notices of change of address, and other documents. See Trademark Trial and Appeal Board Manual of Procedure (TBMP) §110.01.
Assignments. Requests to record assignments, name changes, and other transfer of ownership of marks in applications and registrations may be filed using the Electronic Trademark Assignment System (ETAS) at https://etas.uspto.gov/ or submitted on paper. See 37 C.F.R. §3.25(c); TMEP Chapter 500.
The Trademark Electronic Application System (TEAS) is the United States Patent and Trademark Office’s (USPTO) electronic filing system, which is available at https://teas.uspto.gov. Applicants and registrants must use TEAS to file all forms related to a domestic application or registration, or for filings under the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol), except for initial applications filed under Trademark Act Section 66(a) (see TMEP §301.02(b)). TEAS provides a group of specific forms that require direct data entry in designated fields, and/or the attachment of a .jpg or .pdf image file. To file documents using TEAS, the user must be logged into their USPTO.gov account.
For more information regarding the technical requirements for using TEAS, including the requirements for filing attachments to TEAS forms, see https://www.uspto.gov/trademarks-application-process/filing-online/trademark-electronic-application-system-teas-1.
For more information regarding the requirement to login to a USPTO.gov account, see https://www.uspto.gov/trademark/login.
For information about web browsers that are compatible with TEAS, see https://www.uspto.gov/trademarks-application-process/filing-online/browser-information.
For all TEAS submissions, the USPTO generally receives the submission within seconds after it is filed. TEAS almost immediately displays a "Success" page that confirms receipt. See TMEP §303.02(a). This page is evidence that the submission was filed should any question arise as to the filing date of the document, and may be printed or copied-and-pasted into an electronic record for storage. Id. From the "Success" page, the filer can click on a link to a PDF receipt that includes a summary of the filed information and general processing information. TEAS also separately sends an email acknowledgement of receipt that includes the same information. Filing electronically through TEAS automatically creates an entry of receipt of this filing in the USPTO’s automated system.
See TMEP §303.01 regarding the filing date for TEAS submissions.
The Trademark Electronic Application System (TEAS) is generally available 24 hours a day, seven days a week. TEAS, however, is periodically down for scheduled maintenance and unexpected outages. Users should check the "USPTO Systems Status and Availability" page on the USPTO website for notice regarding such maintenance or outage.
TEAS widespread or lengthy system outage. In the event TEAS is unavailable to the general public due to a widespread or lengthy TEAS outage, the USPTO will continue its practice of issuing a notice on the "USPTO Systems Status and Availability" page, specifying temporary procedures for filing documents with the USPTO. If the USPTO website is inaccessible, the filer should call the Trademark Assistance Center at (571) 272-9250 or email TEAS@uspto.gov for information on the temporary procedures.
If the outage falls on the date of the deadline for the submission, the requirement to file electronically will be waived, and filings via facsimile will be accepted without a petition or petition fee. See TMEP §1709.01(a) for the requirements for submitting a document during a widespread or lengthy TEAS outage and the associated fees.
TEAS limited or short-term system outage or user’s system outage. If TEAS is unavailable due to either a limited or short-term USPTO system outage or a user’s system outage on the date of the deadline for submission of a document, a petition to the Director to accept a paper submission may be submitted. 37 C.F.R. §2.147(a). See TMEP §1709.01(b) for the requirements for submitting a document during a limited or short-term USPTO system outage or user’s system outage and the associated fees.
See also TMEP §1709 regarding filing petitions to the Director under 37 C.F.R. §2.147 to accept paper filings in general.
The USPTO will permit paper submissions of forms related to a domestic application or registration, or for filings under the Madrid protocol, and related correspondence only in the limited circumstances discussed below. Otherwise, paper submissions will not be processed and will be destroyed in accordance with the relevant record retention schedule, and any accompanying fee will not be accepted. In these circumstances, the USPTO will issue a notice to that effect to the submitting party, and will return with the notice any check or money order provided with the paper filing.
The United States is a member of both the Trademark Law Treaty (TLT) and the subsequent Singapore Treaty on the Law of Trademarks (STLT), which constitute two separate international instruments that may be ratified or acceded to independently by member countries. Nationals of TLT members that are not also members of STLT at the time of submission of the relevant document to the USPTO are not required to file trademark submissions electronically, receive communications from the USPTO via email, or submit a petition to accept a paper filing. See 37 C.F.R. §§2.21(c), 2.23(c), 7.4(c).
A specimen for certain non-traditional marks, such as scent and flavor marks, cannot be submitted electronically. See 37 C.F.R. §2.56(d)(1); TMEP §904.03(m). For example, if the application is for a scent mark, the examining attorney must be able to smell the actual scent to determine registrability.
To submit a specimen for a scent, flavor, or similar non-traditional mark, the applicant must first submit information about the specimen online using the appropriate TEAS form and then mail in the physical specimen to the following address:
Commissioner for Trademarks
James Madison Building – East Wing
Concourse Level – 0B50
Attn: Mailroom Staff
600 Dulany Street
Alexandria,
Virginia
22314The TEAS forms have a checkbox on the "Use Information" page that must be selected to indicate that a specimen for a non-traditional mark will be submitted by mail. In these circumstances, the applicant or registrant is not required to submit a petition requesting acceptance of a specimen filed on paper or waiver of the requirement to file the specimen electronically. See 37 C.F.R. §2.56(d)(1).
This exception does not apply to sound, motion, and color marks, for which electronically filed specimens are sufficient to determine registrability. Applicants are required to submit specimens for these marks electronically. See TMEP §904.03(f), (l).
In certain circumstances, an applicant or registrant may file a petition to the Director under 37 C.F.R. §2.147 to request acceptance of a submission filed on paper. See TMEP §§1709-1709.03 for further information on when such a petition can be filed and the requirements for submitting one.
In the event of a postal-service interruption or emergency related to a natural disaster, the USPTO will continue its prior practice of issuing a notice on the USPTO website that specifies temporary procedures for filing documents with the USPTO. Generally, the USPTO will waive certain requirements of the rules for those in the affected area. The notice can be found on the "USPTO Systems Status and Availability" page of the website. If Internet access is not available, call the Trademark Assistance Center at (571) 272-9250 or email TEAS@uspto.gov for information on the temporary procedures. See TMEP §305.04 about postal service interruptions or emergencies.
Trademark Act Section 66(a) applications are initially filed with the International Bureau of the World Intellectual Property Organization (IB) and subsequently transmitted to the USPTO for examination. However, all subsequent submissions relating to such applications must be filed through TEAS. See 37 C.F.R. §§2.23(a), 7.25.
Under the rules mandating electronic filing, the TEAS RF application filing option was renamed TEAS Standard and the TEAS Regular application filing option was eliminated. Applications filed prior to February 15, 2020 that were submitted on paper or using a TEAS Regular application form, which did not require use of TEAS for other application-related submissions, are "grandfathered" under the prior rules, which permit paper submissions, until the application registers or is abandoned and is not eligible to be revived or reinstated pursuant to 37 C.F.R. §2.64, §2.66, or §2.146. If such an applicant or its attorney chooses to use TEAS to submit a document during the pendency of the application, the application loses its grandfathered status. The TEAS form will require the email address of the applicant and its qualified U.S. attorney, if represented, to be provided, and the USPTO will send all future correspondence to the email address of the applicant or its attorney, as appropriate.
Applicants that filed an application prior to February 15, 2020 using the TEAS RF or TEAS Plus application form were already subject to the requirement to correspond electronically with the USPTO at the time of filing. If a TEAS Plus or TEAS RF applicant submits a response to an Office action or other document on paper, the applicant must submit a petition requesting acceptance of the paper filing under 37 C.F.R. §2.146 or §2.147 with the required petition fee, as appropriate. See TMEP §§301.02(e), 1702, 1709. The applicant will not be charged the additional processing fee under prior 37 C.F.R. §2.22(c) or §2.23(c).
Registrants that filed post-registration maintenance documents on paper prior to February 15, 2020 are grandfathered under the prior rules until the acceptance or final rejection of the filing, unless the registrant or its qualified U.S. attorney, if represented, elects to use TEAS to submit a document during the pendency of the post-registration matter. Any subsequent post-registration filings must be submitted electronically through TEAS.
The USPTO requires all trademark correspondence be filed through TEAS, unless an exception to the requirement to file through TEAS applies. See 37 C.F.R. §2.23(a); TMEP §§301.01, 301.02. Submissions may not be transmitted by email, but certain informal communications may be conducted by email. See TMEP §304.
See TMEP §611.01(c) regarding signature of documents filed electronically through TEAS and §611.01(a) regarding the signature on documents as certification.
Paper filings. If paper correspondence is permitted (see TMEP §301.02), such correspondence may be sent through the United States Postal Service (USPS), delivered by a courier service, or hand carried to the USPTO. See TMEP §305 regarding mailing documents to the USPTO and §307 regarding hand delivery of documents to the USPTO.
Parties should not file duplicate copies of documents in a single application, registration, or proceeding file, unless the Office requires the filing of duplicate copies.
As a general rule, only one copy of a document should be filed, unless more than one copy is specifically required by statute or rule, or a USPTO employee specifically requests more than one copy.
When submitting a document electronically, or by fax, a party should not send a follow-up copy unless the USPTO specifically requests one. 37 C.F.R. §2.193(g)(2). Submission of duplicate documents can delay processing. See In re Allegiance Staffing, 115 USPQ2d 1319, 1323 (TTAB 2015) (discouraging the submission of duplicate filings because "it merely adds to the bulk of the file and makes it more difficult to review the submissions").
Documents filed through TEAS or ESTTA are identified according to their type and require an application serial or proceeding number in order to relate the filing to a specific application or proceeding. These documents are automatically entered into the record of the appropriate application or Board proceeding.
Permitted paper filings. To ensure the timely entry into the record of any permitted paper filing (see TMEP §301.02), each piece of correspondence filed in the USPTO relating to a trademark application should be identified at the beginning by a heading or caption and by the serial number of the application, the name of the applicant, and the mark. 37 C.F.R. §2.194(b)(1). Cover letters should identify the material that they accompany.
To expedite processing, incoming paper documents should include the following:
Documents filed through TEAS or ESTTA are identified according to their type and require a registration or proceeding number in order to relate the filing to a specific registration or proceeding. These documents are automatically entered into the record of the appropriate registration or Board proceeding.
Permitted paper filings. To ensure the timely entry into the official record of any permitted paper filing (see TMEP §301.02), each piece of correspondence relating to a registered trademark should be identified by specifying the registration number, the registrant’s name, and the mark. 37 C.F.R. §2.194(b)(2).
Permitted paper correspondence filed under 15 U.S.C. §§1057, 1058, 1059, and 1141k should also be directed to the Post Registration Section of the Office.
Permitted paper petitions to cancel a registered mark should be directed to the Board. TMEP §1607. Court orders relating to registered trademarks should be sent to the Office of the Solicitor. TMEP §1610.
The filing date of trademark correspondence is determined as follows:
Trademark correspondence transmitted electronically using TEAS is considered filed on the date the USPTO receives the submission, in Eastern Time (ET), regardless of whether that date is a Saturday, Sunday, or Federal holiday within the District of Columbia. 37 C.F.R. §2.195(a).
All forms filed using TEAS are time/date stamped when received by the USPTO, ET. The time/date stamp is generated at the moment the payment process is completed or, if no payment is required, when the success screen is displayed. The time/date stamp is the official time the USPTO received the submission; the time the transmission began is not considered when assigning the filing date. The official filing date and time can be found at the bottom of the email confirmation sent after submission. Any TEAS submission received by the USPTO as of 11:59 p.m. (i.e., before 12:00 a.m.) ET will be given that day's filing date.
If a document transmitted through TEAS or ESTTA is due on a Saturday, Sunday, or a Federal holiday within the District of Columbia, the document will be considered timely if the USPTO receives the transmission on or before the following day that is not a Saturday, Sunday, or a Federal holiday within the District of Columbia. 37 C.F.R. §2.196; TMEP §308.
Permitted paper filings. For correspondence permitted to be filed on paper (see TMEP §301.01), the filing date of a submission submitted on paper is the date the USPTO received the submission. 37 C.F.R. §2.195(b). However, for submissions using Priority Mail Express®, in accordance with 37 C.F.R. §2.198, or the "certification of mailing" procedure, in accordance with 37 C.F.R. §2.197, the filing date of the submission is the date of deposit with the U. S. Postal Service. 37 C.F.R. §2.195(b)(1), (b)(2).
In addition, under 37 C.F.R. §2.195(b)(3), no paper correspondence is "received" in the USPTO on Saturdays, Sundays, or Federal holidays within the District of Columbia. See TMEP §308 regarding response periods that end on a Saturday, Sunday, or Federal holiday within the District of Columbia.
See TMEP §1904.01(b) regarding the filing date of a request for an extension of protection of an international registration to the United States under §66(a) of the Trademark Act, 15 U.S.C. §1141f(a).
When a document is filed electronically, the USPTO generally receives it within seconds after it has been submitted. TEAS almost immediately displays a "Success" page that confirms receipt. This page may be printed or copied-and-pasted into an electronic record for storage, and used as evidence of filing should any question arise as to the filing date of the document. See TMEP §303.01 regarding the filing date for a TEAS submission.
The USPTO places a label indicating the date of receipt on every application, part of an application, amendment, letter, or other permitted paper filing (see TMEP §301.02). The label is referred to as the "Mail Room Date" label, and it establishes the date of receipt (i.e., the filing date) of the paper-filed document. The documents are then scanned and added to the relevant application or registration record, and the prosecution history is updated accordingly.
For documents permitted to be filed on paper(see TMEP §301.02), a party may obtain a receipt by enclosing a self-addressed, stamped postcard identifying the document. The USPTO will place a label indicating the receipt date on the card and return it to the party who filed the document.
The identifying data on the postcard should be complete and specific. The nature of the document being filed on paper (e.g., application, affidavit, amendment, appeal, petition); the name of the applicant or registrant; the mark; the application filing date or registration date; and the application serial number, registration number, or proceeding number should be included if available. Each specific element of the filing should be listed on the postcard (e.g., written application, drawing page, fee, specimen) so that the postcard can be used as evidence that the element was submitted if the element is lost or disassociated from the record.
The party submitting the postcard is responsible for placing proper postage on the self-addressed postcard, and for ensuring that the proper mailing address appears on the postcard.
Applicants and registrants may use email only to conduct informal communications with the USPTO regarding a particular application or registration as an alternative to telephone communications. See TMEP §§709.04, 709.05.
For example, an applicant may submit via e-mail:
See TMEP §709.02 regarding the persons with whom an examining attorney may discuss the application in an interview, §707.01 regarding who can authorize examiner’s amendments, and §708.02 regarding who can authorize priority actions. See TMEP §304.02 regarding communications that are not acceptable via email.
Attachments: As part of an informal communication, if an applicant’s or registrant’s e-mail contains one or more attachments, the USPTO will only open and view the attachments if they are in .jpg or .pdf format and are legible. The USPTO will not open attachments in any other format.
The examining attorney must ensure that all relevant informal email communications from applicants are entered into the electronic record. See TMEP §709.04 and §709.05 for further information.
Email may not be used to file applications for registration of marks, responses to Office actions or requests for an extension of time to respond, pre- or post-publication amendments to an application, changes of correspondence address, appointments or revocations of attorneys, designations or revocations of domestic representatives, attorney withdrawal requests, petitions, documents required by statute to show use of a mark in commerce or to request an extension of time to show such use, and post-registration maintenance documents, proposed amendments, or responses to Post Registration Office actions. These documents must be filed electronically using TEAS, unless an exception to the requirement to file through TEAS applies. See 37 C.F.R. §2.23(a). See TMEP §301.01 regarding mandatory electronic filing and §301.02 regarding the limited exceptions for filing on paper.
Further, email may not be used to request an advisory opinion as to the likelihood of overcoming a refusal or requirement. The examining attorney or Post Registration specialist should advise the applicant to file a formal response for consideration of arguments regarding any refusal or requirement.
See TMEP §304.01 regarding informal communications that are acceptable via email, §709.04 regarding telephone and e-mail communications in examination, and §709.05 regarding informal communications in examination.
The Trademark Trial and Appeal Board does not accept email communications.
The USPTO will send official correspondence concerning an application or registration by email from the "uspto.gov" domain to the applicant, registrant, or qualified U.S. attorney under 37 C.F.R. §11.14, unless the applicant or registrant is a national of a country exempt from the requirements to file electronically and has chosen to not use TEAS to file submissions. See 37 C.F.R. §2.23(b)-(c). Accordingly, the applicant, registrant, or qualified U.S. attorney must provide and maintain a valid email address for correspondence. 37 C.F.R. §§2.18(c), 2.23(b); TMEP §609.03. See TMEP §§301.02(a)-(b) regarding exceptions to the requirement to provide an email address, §609.01 regarding establishing the correspondence email address, and §609.01(a) regarding email correspondence in §66(a) applications. Even if there is an appointed attorney, a separate email address for the applicant, registrant, or party is required under 37 C.F.R. §2.32(a)(2) so that the USPTO can contact them if representation ends.
The USPTO will not undertake double correspondence with the applicant or registrant and the applicant’s or registrant’s qualified U.S. attorney, or with more than one qualified U.S. attorney. 37 C.F.R. §2.18(b). One primary email address may be designated for correspondence, but the USPTO permits up to four secondary email addresses to be designated to receive courtesy copies of the correspondence. If an email transmission fails for any reason, the USPTO will not attempt to contact the correspondent by any other means. See TMEP §403 regarding treatment of USPTO email correspondence returned as undeliverable.
A courtesy email reminder of USPTO registration maintenance filing deadlines will be sent to all email addresses of record within the Correspondence and Current Owner(s) Information fields, as indicated in USPTO records. See TMEP §§1604.02, 1613.02.
Paper trademark documents – general. Except for documents sent to the Assignment Recordation Branch for recordation, requests for copies of trademark documents, specimens for scent, flavor, or similar non-traditional marks, and certain documents filed under the Madrid Protocol (listed below), all paper trademark-related correspondence to be delivered by the U.S. Postal Service (USPS) must be addressed to:
Commissioner for Trademarks
P.O. Box 1451
Alexandria,
Virginia
22313-1451The names of individual employees should not be placed on the envelopes in which official communications are sent to the USPTO. See TMEP §301.01 regarding the limited exceptions when paper submissions may be submitted and §301.02(b) regarding submitting specimens for scent, flavor, or similar non-traditional marks.
Documents filed under the Madrid Protocol. International applications under 37 C.F.R. §7.11, subsequent designations under 37 C.F.R. §7.21, responses to irregularity notices under 37 C.F.R. §7.14, requests to record changes in the International Register under 37 C.F.R. §7.23 and §7.24, requests for transformation under 37 C.F.R. §7.31, requests to note replacements under 37 C.F.R. §7.28, and petitions to the Director to review the actions of the USPTO’s Madrid Processing Unit, when filed by mail, must be mailed to:
Madrid Processing Unit
600 Dulany Street
Alexandria
Virginia
22314-5796Documents to be recorded in Assignment Recordation Branch. To expedite processing, the USPTO recommends filing requests to record documents through the USPTO website, at&n
