T.M.E.P. § 301
Trademark Electronic Application System
Executive summary:
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301 Trademark Electronic Application System
The Trademark Electronic Application System ("TEAS") makes electronic filing available on the United States Patent and Trademark Office ("USPTO") website, at http://www.uspto.gov. TEAS can be used to file:
- Applications for registration of marks;
- Amendments to allege use under 15 U.S.C. 1051(c);
- Statements of use under 15 U.S.C. 1051(d);
- Requests for extensions of time to file a statement of use under 15 U.S.C. 1051(d)(2);
- Affidavits of continued use under 15 U.S.C. 1058;
- Affidavits of incontestability under 15 U.S.C. 1065;
- Combined affidavits under 15 U.S.C. §§1058 and 1065;
- Combined filings under 15 U.S.C. §§1058 and 1059;
- Responses to examining attorneys' Office actions in applications based on §§1 and 44. NOTE: Responses to examining attorneys Office actions in §66(a) applications cannot be filed through TEAS;
- Preliminary amendments;
- Notices of change of correspondence address;
- Notices of change of owner's address;
- Petitions to revive abandoned applications;
- Appointment or revocation of attorney or domestic representative;
- Withdrawal of attorney in pending application;
- Requests for express abandonment (withdrawal) of applications.
When a document is filed electronically, the USPTO receives it within seconds after filing, and immediately issues a confirmation of filing via e-mail that includes the date of receipt and a summary of the submission. This confirmation is evidence of filing should any question arise as to the filing date of the document. Also, electronic filing creates an automatic entry of receipt of this filing into the USPTO's automated system, helping to avoid improper abandonment or cancellation.
Applications filed electronically are less expensive, and are examined much faster than their paper counterparts.
Under 37 C.F.R. 2.195(a)(2), correspondence transmitted electronically using TEAS is considered filed on the date the USPTO receives the transmission, regardless of whether that date is a Saturday, Sunday, or Federal holiday within the District of Columbia.
TEAS is available 24 hours a day, 7 days a week. However, during the hours between 12:00 a.m. to 4:00 a.m. Sunday, Eastern Time, credit card payments cannot be processed; therefore, no documents requiring fees can be filed during that time period.
See TMEP §804.05 regarding signature of documents filed electronically.
See TMEP §§807.05 et seq. regarding drawings in electronically transmitted applications, and TMEP §904.02(a) regarding specimens in electronically transmitted applications.
Requests for recordation of assignments and other documents affecting title to an application or registration can be filed through the Electronic Trademark Assignment System ("ETAS") on the USPTO website at http://etas.uspto.gov.
The Electronic System for Trademark Trials and Appeals ("ESTTA"), at http://estta.uspto.gov/, can be used to file requests for extensions of time to oppose, notices of opposition, motions, briefs, notices of change of address, and other papers in opposition and cancellation proceedings.
If a document transmitted through TEAS, ETAS 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 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.