T.M.E.P. § 306.01
Documents That May Not Be Filed by Facsimile Transmission

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.

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306.01 Documents That May Not Be Filed by Facsimile Transmission

All trademark documents except the documents listed below may be filed by fax, and are eligible for the benefits of the certificate of transmission provided for in 37 C.F.R. 2.195.

The following types of trademark correspondence may not be filed by facsimile transmission and, if submitted by fax, will not be given a filing date:

(1) Trademark applications;

(2) Drawings submitted under 37 C.F.R. §§2.51, 2.52 or 2.72;

(3) Requests for cancellation or amendment of a registration under 15 U.S.C. 1057(e);

(4) Certificates of registration;

(5) Correspondence to be filed with the Trademark Trial and Appeal Board, except a notice of ex parte appeal;

(6) Madrid-related correspondence submitted under 37 C.F.R. 7.11, §7.21, §7.14, §7.23, §7.24, or §7.31; and

(7) Documents that are required by statute to be certified (e.g., certified copies of court orders).

37 C.F.R. 2.195(d). Applications for registration of marks may be filed electronically using TEAS (see TMEP §301).

When any trademark document specifically excluded from the fax transmission procedure is received in the USPTO by fax, the document will not be accepted. As a courtesy, the USPTO will attempt to notify senders whenever correspondence that falls within one of these prohibitions is sent to the USPTO by fax.