Bitlaw

T.M.E.P. § 302.01
Original Documents Generally Not Required

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 (§302) | Next Section (§302.02)

302.01 Original Documents Generally Not Required

The USPTO does not generally require the submission of original documents. See 37 C.F.R. 2.193(c)(1)(ii). Copies (e.g., photocopies or fax transmissions) may be submitted except for certified copies of court orders and certified copies of U.S. registrations, where required.

Copies are not acceptable for trademark correspondence specified in 37 C.F.R. 2.193(d). That is, a copy is not acceptable when a document is required by statute to be certified (e.g., a certified copy of a final court order pursuant to 15 U.S.C. 1119). The requirement for an original certification does not apply to certifications such as those required under 37 C.F.R. §§2.197 and 3.73(b), because these certifications are not required by statute.

When a party files a copy of a paper related to an application or registration, the USPTO will normally not require the party to submit the original document. However, the party who filed the copy should retain the original in case questions arise as to the authenticity of the signature on the photocopy or faxed correspondence. 37 C.F.R. 2.193(c)(2).