T.M.E.P. § 109.02
Paper Files
Executive summary:
This document contains one section of the Trademark Manual of Examining Procedure (the "TMEP"), Fourth Edition (April 2005). This page was last updated in June 2007. You may return to one either the section index, or to the key word index. If you wish to search the TMEP, simply use the search box that appears on the bottom of every page of BitLaw--be sure to restrict your search to the TMEP in the pop-up list.
For more information on trademark law, please see the Trademark Section of BitLaw.
Previous Section (§109.01) | Next Section (§109.03)
109.02 Paper Files
In order to inspect the contents of a trademark file, it is not necessary to show good cause or to have a power to inspect from the applicant or registrant.
Procedure for Requesting Files. A member of the public must make a request for access to the file. The request must include the name and phone number of the person requesting the file. USPTO personnel must keep a record of all files being removed, and enter the new location of the file (e.g., charged to non-USPTO personnel) in the TRAM database. The public must inspect the file on the premises of the USPTO, and nothing may be removed from the file without written authorization from the Office of the Commissioner for Trademarks. Requests for files should be made at the following locations:
- Files Located Within the Trademark Operation or at the Trademark Trial and Appeal Board. A request for access to a paper file that is located within the Trademark Operation or at the Trademark Trial and Appeal Board should be directed to TAC, located at the James Madison Building - East Wing, Concourse Level, 600 Dulany Street, Alexandria, VA, between 8:30 a.m. and 5:00 p.m. This includes files located in the law offices, Publication and Issue Section, Pre-Examination Section, ITU Unit, and Post Registration Section. These files will normally be available within approximately two hours from the time the files are requested. However, there may be instances when a file is not immediately available. See Official Gazette noticed dated April 6, 2004, posted at http://www.uspto.gov/web/trademarks/notice_paperfiles.htm.
- Files Located at the Warehouse. Requests for access to paper files located at the warehouse should be directed to the Trademark Search Library, located on the first floor of the James Madison Building - East Wing, 600 Dulany Street, Alexandria, Virginia, between 8:30 a.m. and 5:00 p.m. This includes files for abandoned applications, cancelled and expired registrations, and terminated Trademark Trial and Appeal Board proceedings. The file will usually be available to the requester within a few days.
The public can check TRAM or TARR to determine where a file is located.
An unsent letter or draft is not part of the file. USPTO personnel should ensure that such material is removed before making the file available to a member of the public.
Paper files for abandoned applications and cancelled and expired registrations are stored in the warehouse for two years after the date of abandonment, and then destroyed. See TMEP §718.07. See notice at 980 TMOG 16, reprinted at 1232 TMOG 625 (March 21, 2000). See TBMP §120.03 regarding the retention schedule for the files of terminated Board proceedings.
No file or related document may be removed from the premises occupied by the USPTO, except as required by the issue process or other official process, unless specifically authorized by the Director. 18 U.S.C. §2071(b). If such authorization is given, the employee having custody will be responsible for conforming with the requirements of law.