Upon receipt in the U.S. Patent and Trademark Office (USPTO), trademark applications filed under §1 or §44 of the Trademark Act are given a date of receipt and reviewed for compliance with the minimum requirements for receipt of a filing date (see TMEP §202). See TMEP §201 and §1904.01(b) regarding the filing date of applications under §66(a) of the Trademark Act.
If an application meets the minimum filing date requirements of 37 C.F.R. §2.21, it is given a filing date and serial number.
See TMEP §§204–204.03 regarding the processing of applications that are not entitled to a filing date and §702.01 for information on the order of examination.
TEAS Applications Filed Under §1 or §44
An application filed electronically via the Trademark Electronic Application System (TEAS) is generally received by the USPTO within seconds after filing. In addition, TEAS almost immediately displays a "Success" page to the filer confirming the USPTO’s receipt of the filing. This page is evidence of filing should any question arise as to the application filing date, and may be printed or copied-and-pasted into an electronic record for storage. TEAS also separately sends an email acknowledgement of receipt, which includes a summary of the application data and general processing information.
The applicant or its attorney should immediately review the summary of the application data for accuracy. If any information in the summary is inconsistent with the information transmitted by applicant, the applicant or its attorney should notify the USPTO by emailing TEAS@uspto.gov.
Section 66(a) Applications
For §66(a) applications (i.e., requests for extensions of protection of international registrations to the United States), the USPTO sends a filing receipt to the correspondence address of record. See TMEP §1904.02(i) regarding the correspondence address in §66(a) applications.
The applicant or its attorney should review the information on the filing receipt for accuracy and notify the USPTO in writing of any discrepancy. A request for correction of a filing receipt should be sent via email to TMFiling.Receipt@uspto.gov or, for permitted paper filers, mailed to the Commissioner for Trademarks, P.O. Box 1451, Alexandria, Virginia 22313-1451. See TMEP §1904.13(b) regarding corrections to §66(a) applications.
Permitted Paper Applications Under §1 or §44
For permitted paper applications (see TMEP §301.01) that have been given a filing date, the USPTO sends a filing receipt to the applicant or its qualified U.S. attorney, if one has been appointed. The filing receipt identifies the following: (1) the mark; (2) the application serial number, filing date, and register; (3) the type of mark (e.g., trademark or service mark); (4) the statutory basis or bases for filing, if provided at the time of filing; (5) the identification of goods and/or services, and international classes; (6) information about the applicant (and the applicant’s attorney, if provided); and (7) the address to be used for correspondence. See TMEP §201 for further information about what constitutes the filing date.
Corrections and Voluntary Amendments
The applicant or its attorney should review the information on the filing receipt for accuracy and notify the USPTO in writing of any discrepancy. A request for correction of a filing receipt should be sent via email to TMFiling.Receipt@uspto.gov.
An applicant should submit a request for correction of a filing receipt only if the information in the filing receipt is inconsistent with the information in the application as filed. If the applicant made an error in the application, the applicant should file a TEAS Voluntary Amendment Not in Response to USPTO Office Action/Letter form instead or amendment on paper, if permitted (see TMEP §301.01).
Note on Voluntary Amendments: A voluntary amendment submitted before the application is assigned to an examining attorney is placed in the application record when filed and will be considered during initial examination; it will not be examined out of order. See TMEP §702.01. The mere filing of a voluntary amendment does not guarantee that the amendment will be accepted. For example, the examining attorney will not accept a voluntary amendment that materially alters the mark shown on the original drawing, or that expands the scope of the goods and/or services in the original application. See TMEP §807.14 regarding material alteration of a mark, §807.17 regarding the processing of unacceptable amendments to drawings, §§1402.07-1402.07(e) regarding the scope of the identification of goods and/or services for purposes of amendment, and §1402.15 regarding the processing of unacceptable amendments to identifications.
In addition, an application that does not meet the minimum requirements for receipt of a filing date at the time of filing may not be perfected by filing a voluntary amendment prior to examination. See TMEP §§204-204.03 regarding applications that do not meet minimum filing requirements and §702.01 regarding the order of examination.
Each application for registration is assigned an eight-digit serial number comprised of a two-digit series code and six additional numbers assigned by order of filing within the series code. To ensure that a communication is correctly routed within the USPTO, applicants must include the entire eight-digit number on all communications related to a particular application.
As a general rule, the serial numbers of applications filed prior to the 1905 - 1920 Acts are preceded by the series code "70."
Applications filed under the 1905 - 1920 Acts (i.e., applications filed through July 4, 1947) were preceded by the series code "71." The last serial number was 526,346.
As of July 5, 1947, applications were filed under the 1946 Act, beginning with number 526,500 and running through number 700,943 (preceded by the series code "71").
On January 3, 1956, a new series of serial numbers preceded by the series code "72" was started, after a change in record-keeping methods. This series ran through number 467,233, issued on August 31, 1973.
A new series of serial numbers preceded by the series code "73" began with applications filed on September 4, 1973, which was the first day of receipt of mail after the adoption of the international classification of goods and services as of September 1, 1973 (see TMEP §1401.02).
A new series of serial numbers preceded by the series code "74" began with applications filed on November 16, 1989, the date on which the Trademark Law Revision Act of 1988 took effect.
A new series of serial numbers preceded by the series code "75" began with applications filed on October 1, 1995.
A new series of serial numbers preceded by the series code "76" began with applications filed on March 20, 2000.
A series of serial numbers preceded by the series code "77" began September 14, 2006 for applications filed through TEAS on or after that date.
A series of serial numbers preceded by the series code "78" was used for TEAS applications filed prior to September 14, 2006.
A series of serial numbers preceded by the series code "85" began April 1, 2010 for all applications filed through TEAS on or after that date.
A series of serial numbers preceded by the series code "86" began July 1, 2013 for all applications filed through TEAS on or after that date.
A series of serial numbers preceded by the series code "87" began April 13, 2016 for all applications filed through TEAS on or after that date.
A series of serial numbers preceded by the series code "88" began June 14, 2018 for all applications filed through TEAS on or after that date.
A series of serial numbers preceded by the series code "90" began June 13, 2020 for all applications filed through TEAS on or after that date.
A series of serial numbers preceded by the series code "97" began August 28, 2021 for all applications filed through TEAS on or after that date.
Effective November 2, 2003, a series of serial numbers preceded by the series code "79" is used for requests for extension of protection of international registrations to the United States under §66(a) of the Trademark Act.
A range of serial numbers, beginning with number 975,000, is used for applications that are created through the "dividing" of an application (see TMEP §§1110–1110.11(a)).
See TMEP §1205.01 and §1205.02 regarding series code "89."
The USPTO maintains an electronic record for each application that contains all documents comprising the official administrative record. See TMEP §402; see generally 5 U.S.C. §§556, 557, 706; 15 U.S.C. §1071(a)(4).
The USPTO maintains the Trademark Image Capture and Retrieval System (TICRS), an internal database that includes images of the contents of trademark application and registration records.
The public may view and print images of the contents of trademark application and registration records through the Trademark Status and Document Retrieval (TSDR) portal on the USPTO website at https://tsdr.uspto.gov/. Electronic images of Trademark Trial and Appeal Board proceeding records are also available using the TTABVUE system on the USPTO website at http://ttabvue.uspto.gov/ttabvue/. TSDR and TTABVUE are generally available 24 hours a day, seven days a week, free of charge.
Effective April 12, 2004, the USPTO stopped generating paper file copies of trademark-related documents that are submitted to the USPTO in electronic format. Furthermore, the USPTO does not generate paper copies of certain trademark documents that the USPTO creates, except for copies that are sent to recipients by mail. See New USPTO Policies Regarding (1) Generation of Paper Copies of Trademark-Related Documents and (2) Public Access to Existing Paper Copies of Trademark-Related Documents (TMOG Apr. 6, 2004) at https://www.uspto.gov/web/offices/com/sol/og/2004/week14/pattmcp.htm.
The USPTO will provide certified paper copies of all trademark documents, upon request and payment of the appropriate fee. See TMEP §111.
USPTO error. If the USPTO issued correspondence to the wrong address (e.g., if the USPTO entered the correspondence address of record incorrectly or did not enter a proper previously filed request to change the correspondence address), the USPTO may reissue the Office action or notice with a new response period if the applicant notifies the USPTO prior to the expiration of any deadline for response. If there is no time remaining in the response period, the applicant may request reinstatement. See TMEP §1712.
No USPTO error. If the USPTO issued correspondence to the correct address, the correspondence will not be reissued. If there is no time remaining in the response period, the applicant may file a petition to revive the application (see TMEP §1714) or a petition to the Director regarding the cancelled and/or expired registration (see TMEP §1712.02).
Applicants and registrants are responsible for maintaining a valid email address for correspondence. 37 C.F.R. §2.23(b); TMEP §609.03. See TMEP §§609.02-609.02(f) regarding changing the correspondence address.
In addition, trademark applicants and registrants are required to monitor the status of their applications or registrations every six months between the filing of an application or of a maintenance submission (i.e., an affidavit under Trademark Act §8 or §71, or a renewal application under Trademark Act §9) and the issuance of a registration or notice of acceptance. 37 C.F.R. §2.23(d)(1)-(2). Trademark registrants are required to monitor the status of their registrations every three months after notice of the institution of an expungement or reexamination proceeding until the registrant receives a notice of termination under 37 C.F.R. §2.94. 37 C.F.R §2.23(d)(3). See TMEP §108.03 and §1705.05 regarding due diligence and the duty to monitor status. Should the status inquiry reveal that no action has been taken regarding correspondence that was submitted, or that some other problem exists, the applicant or registrant must promptly request corrective action in accordance with the procedures in TMEP §1705.05. Failure to act diligently and follow up with appropriate action may result in denial of the requested relief.
See TMEP §717 regarding reissuing Office actions and §717.01 regarding outgoing correspondence returned as undeliverable. See TMEP §§1712.01–1712.02(a) regarding requesting reinstatement of applications and registrations abandoned due to USPTO error, §1712(b) regarding filing a petition to the Director regarding a cancelled/expired registration, and §1714 regarding filing a petition to revive an abandoned application.
Except as provided in § 2.27(e), documents filed in the Office by the applicant or registrant become part of the official record and will not be returned or removed.
Documents filed in the USPTO by the applicant or registrant become part of the official record and will not be returned or removed. 37 C.F.R. §2.25. If, for a valid reason, the applicant does not want certain information to become part of a public record, the applicant should consider options such as redacting confidential portions of documents prior to their submission. See TMEP §1702, §§1705–1705.09, and §1708 regarding filing a petition to the Director to waive the rule regarding removal of documents from the official record.
Documents ordered to be filed under seal pursuant to a protective order issued by a court or by the TTAB, pursuant to 37 C.F.R. §2.27(e), are not made part of the record available to the public.
The USPTO will furnish copies of the contents of trademark application, registration, and TTAB proceeding records upon request and payment of the required fee. See TMEP §111.
Fee payments made through TEAS must be paid by credit card, deposit account, or electronic funds transfer. See 37 C.F.R. §2.207.
Permitted paper filings. For permitted paper filings (see TMEP §301.01), fees may be paid by check, credit card, deposit account, or electronic funds transfer. See 37 C.F.R. §2.207.
See 37 C.F.R. §2.6(a)(1)-(iv) and TMEP §810 regarding the fee for filing an application for registration.
See TMEP §1903.02 regarding payment of fees to the IB through the USPTO.
Under 37 C.F.R. §2.207(b), the USPTO accepts payment of fees by credit card, subject to actual collection of the fee. A form for authorizing charges to a credit card can be accessed through TEAS for all filings for which a filing fee is required. The USPTO currently accepts charges to the following credit cards: AMERICAN EXPRESS®, DISCOVER®, MASTER CARD®, and VISA®.
Any payment of a fee by credit card must be in writing. See 37 C.F.R. §2.191. The USPTO will only accept an authorization to charge a fee in a specific dollar amount to a credit card. Any refund of a fee paid by credit card will be by a credit to the credit card account to which the fee was charged. 37 C.F.R. §2.209(a).
Permitted paper filings. For permitted paper filings (see TMEP §301.01), a filer can download a Credit Card Payment Form (PTO-2038) from the USPTO’s website at https://www.uspto.gov/. The USPTO does not put the Credit Card Payment Form in application or registration records.
A party is not required to use the USPTO’s Credit Card Payment Form when paying a fee by credit card. However, if a party provides a credit card charge authorization in another form or document (e.g., in the body of an application, cover letter, response to an Office action, or other correspondence relating to a trademark application or registration), the credit card information may become part of the public record. See 37 C.F.R. §2.207(b).
All credit card authorizations must include: (1) a valid credit card number; (2) a valid expiration date; (3) the name of the cardholder with the cardholder’s signature and the date; (4) a billing address, including zip code; (5) a description and purpose of the payment; and (6) a specific payment amount. See TMEP §611.01 regarding signature of documents.
If a Credit Card Payment Form or other document authorizing the USPTO to charge a fee to a credit card does not contain the information necessary to charge the fee to the credit card, the form will be returned and the fee will not be processed. USPTO employees will not accept oral instructions to complete the Credit Card Payment Form or otherwise charge a fee to a credit card.
See Changes to Permit Payment of Patent & Trademark Fees by Credit Card, 65 Fed. Reg. 33,452 (effective June 5, 2000) (codified at 37 C.F.R. pt. 1, subsequently designated at pt. 2) (notice in 1235 TMOG 38 (May 15, 2000)).
See TMEP §405.06 regarding credit card authorizations that are refused or charged back by a financial institution.
TEAS does not accept fee payments in the form of checks. TEAS only accepts payment by credit card, deposit account, or electronic funds transfer.
Permitted Paper filings. Trademark Rule 2.207(a), 37 C.F.R. §2.207(a), provides that:
All payments of money required in trademark cases, including fees for the processing of international trademark applications and registrations that are paid through the Office, shall be made in U.S. dollars and in the form of a cashier’s or certified check, Treasury note, national bank note, or United States Postal Service money order. If sent in any other form, the Office may delay or cancel the credit until collection is made….
It is the practice of the USPTO to accept, as "conditional" payment of a fee, a signed uncertified check (e.g., a personal check). If an uncertified check clears, then the USPTO considers the fee paid as of the date it received the check.
See TMEP §301.01 regarding the limited exceptions when paper submissions may be submitted.
A party cannot charge a fee to a deposit account unless he or she has prior authorization to do so. The Office of Finance maintains a list of persons authorized to request transactions by deposit account. The USPTO will not charge a fee to a deposit account unless the person requesting the charge appears on the authorized list or files a proper request to have his or her name added to the authorized list.
An authorization to charge a fee to a deposit account must be made in a written document signed and submitted by an authorized person. It cannot be entered by examiner’s amendment unless the record contains a written authorization signed and submitted by an authorized person. If there is no written authorization already in the record, the applicant may email the authorization to the examining attorney.
If an applicant submits an authorization to charge a filing fee to a deposit account that has insufficient funds to cover the fee, the applicant has not paid the fee.
If a deposit account has insufficient funds to cover an authorization to charge the initial filing fee for an application for registration, the USPTO will not grant a filing date to the application. 37 C.F.R. §2.21(a)(5); see TMEP §204.01.
When a deposit account contains insufficient funds to cover a fee that has been authorized, the USPTO notifies the party who filed the authorization of the fee deficiency. If the fee in question is statutory (e.g., the filing fee for a notice of appeal, statement of use, or request for extension of time to file a statement of use), the fee deficiency must be cured before the expiration of the statutory filing period. If the deadline for filing the fee is not set by statute, the party who filed the authorization may cure the fee deficiency within the set period for response to the Office action.
A showing that the deposit account contained sufficient funds on the date on which the authorization was first filed, as opposed to the date on which USPTO personnel attempted to charge the fee, will not cure the fee deficiency. Trademark Rule 2.208(a), 37 C.F.R. §2.208(a), clearly requires that sufficient funds to cover all outstanding charge authorizations be on deposit at all times. The funds must be available in the account at the time the authorization is presented for debiting.
See TMEP §1104.10(b)(vii) regarding fee deficiencies in amendments to allege use, §1108.02(c) regarding fee deficiencies in requests for extensions of time to file a statement of use, §1109.15(a) regarding fee deficiencies in statements of use, §1604.06(c) regarding fee deficiencies in affidavits under §8 of the Act, §1606.05(c) regarding fee deficiencies in renewal applications, and §1613.06(c) regarding fee deficiencies in affidavits under §71 of the Act.
Under 35 U.S.C. §42(d) and 37 C.F.R. §2.209, only money paid by mistake or in excess (when a fee is not required by statute or rule, or is not required in the amount paid) may be refunded. A change of purpose after the payment of money does not entitle a party to a refund. For example, if a party deletes a class from an application, or decides to no longer go forward with an application or appeal, the party is not entitled to a refund.
If an examining attorney or other USPTO employee erroneously requires a fee, the USPTO will refund the fee submitted in response to the erroneous requirement.
The USPTO will refund any processed filing fee for an application that is denied a filing date, or a filing fee that is untimely. However, after the USPTO has processed an application or other document, the USPTO will not refund the filing fee. The USPTO will not refund an application filing fee when registration is refused, nor will it refund a fee when a timely filed document (such as a statement of use under 15 U.S.C. §1051(d) or affidavit of use or excusable nonuse under 15 U.S.C. §1058) is rejected for failure to meet the requirements of the statute and/or rules.
Refund requests should be sent to: Director of the U.S. Patent and Trademark Office, Attn: Refunds, 2051 Jamieson Avenue, Suite 300, Alexandria, VA 22314. For more information about requesting a refund, see https://www.uspto.gov/learning-and-resources/fees-and-payment/refund-information.
When a USPTO employee determines that a refund is appropriate, the employee must submit the request to TM Finance with the information necessary for processing the refund.
The Electronic Funds Transfer (EFT) payment method allows customers to send a payment over the Internet as easily as writing a check. In general, the Automated Clearing House performs EFT transactions through the Federal Reserve system. The customer must establish a User ID and Password. For further information, see https://www.uspto.gov/learning-and-resources/fees-and-payment/accepted-payment-methods.
If a check is returned unpaid (for permitted paper filings (see TMEP §301.01)), or an EFT or credit card is refused or charged back by a financial institution, the document that accompanied the payment is processed as though the fee had been omitted. See In re Paulsen, 35 USPQ2d 1638, 1639 (Comm’r Pats. 1995). If the document included an authorization to charge deficient fees to a deposit account (see 37 C.F.R §2.208 ) that has sufficient funds to cover the fee, the USPTO charges the fee in question, together with a fee for processing the payment that was refused, to the deposit account.
If the document was not accompanied by an authorization to charge fees to a deposit account, the USPTO notifies the party who filed the document of the fee deficiency in a written action. If the deadline for filing the fee is not set by statute, the fee may be resubmitted within the period set for response to the Office action. If the fee in question is statutory (e.g., a filing fee for an appeal, statement of use, or request for extension of time to file a statement of use), the fee must be resubmitted before the expiration of the statutory filing period.
Under 37 C.F.R. §2.6(b)(10), there is a fee for processing any payment that is refused or charged back by a financial institution. This fee covers the work done by USPTO personnel in processing the payment that is refused or charged back. The requirement for submission of the processing fee is strictly enforced. The USPTO will not approve a pending application for publication or registration, or take any other requested action in an application or registration, until all outstanding fees, including the processing fee, have been paid. Any request for waiver of this processing fee should be referred to the Office of the Deputy Commissioner for Trademark Examination Policy.
See TMEP §202.03(a) and §202.03(a)(i) regarding the processing of an application in which the application filing fee payment is refused or charged back by a financial institution, §1104.10(b)(vii) regarding fee deficiencies in amendments to allege use, §1108.02(c) regarding fee deficiencies in requests for extensions of time to file a statement of use, §1109.15(a) regarding fee deficiencies in statements of use, §1604.06(c) regarding fee deficiencies in affidavits under §8 of the Act, and §1606.05(c) regarding fee deficiencies in renewal applications.
