Bitlaw

T.M.E.P. § 302.03
Identifying the Nature of Papers Filed

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 (§302.02) | Next Section (§303)

302.03 Identifying the Nature of Papers Filed

302.03(a) Correspondence Pertaining to Trademark Applications

Documents filed through TEAS are automatically transmitted to the appropriate location and associated with the appropriate file.

For paper documents, to ensure the timely matching of papers with files, every piece of correspondence filed in the USPTO pertaining to a trademark application should be identified at the beginning of the paper by a heading or caption and by the serial number of the application to which the paper pertains. 37 C.F.R. 2.194(b)(1). Cover letters and transmittal letters should identify the material that they accompany.

To expedite processing, all incoming papers pertaining to an application should include the following identifying data:

(1) Serial number;
(2) Filing date;
(3) Mark;
(4) A title indicating the nature of the paper;
(5) Law office (identified in the most recent Office action);
(6) Name of examining attorney identified on the most recent Office action;
(7) Mailing date of the Office action to which the paper is in response, if applicable;
(8) The name, address (including ZIP code) and telephone number of the applicant or the applicant's attorney; and
(9) The applicant's or attorney's e-mail address.

To facilitate the matching of responses to Office actions with the correct files, examining attorneys' Office actions issued on paper include peel-off response labels that reference the application serial number, the mark and the assigned law office. If filing a response on paper, the applicant is encouraged to affix this label to the upper right-hand corner of the response.

302.03(b) Correspondence Pertaining to Trademark Registrations

Correspondence relating to a registered trademark should identify the registration by specifying the mark, the registrant's name, and the registration number. 37 C.F.R. 2.194(b)(2).

Correspondence filed under 15 U.S.C. §§1057, 1058 and 1059 should be directed to the Post Registration Section of the Office.

Petitions to cancel a registered mark should be directed to the Trademark Trial and Appeal Board.

Court orders relating to registered trademarks should be sent to the Office of the Solicitor. See TMEP §1610.