T.M.E.P. § 403
Correspondence Returned as Undeliverable

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 (§402.01) | Next Section (§404)

403 Correspondence Returned as Undeliverable

If a paper Office action or notice (e.g., a notice of allowance) is returned to the USPTO because the United States Postal Service has not been able to deliver it, the USPTO will try to ascertain the correct address and forward the correspondence. However, the remailed correspondence will not receive a new mailing date unless the USPTO sent the Office action to the wrong address due to an Office error.

When returned correspondence is received in the USPTO, it should be forwarded to the Supervisor of the office where the file is located (e.g., the supervisory legal instruments examiner in the law office, or supervisor of the ITU/Divisional Unit or Post Registration Section). If the application is abandoned, the returned Office action should be forwarded to the Office of the Commissioner for Trademarks.

The supervisor will review the file to determine whether the correspondence address was entered correctly, and/or whether a notice of change of address has been filed.

If the USPTO sent the Office action or notice to the wrong address due to an Office error, the Office action will be remailed with a new mailing date. An "Office error in sending the Office action to the wrong address" means that the USPTO either entered the correspondence address incorrectly or failed to properly enter a notice of change of address filed before the mailing date of the action. The transmittal of a response on letterhead bearing a new address is not a proper notice of change of address. The applicant or attorney must specifically request that the correspondence address be changed. TMEP §603.02(a).

If the Office action or notice was sent to the correspondence address of record (see TMEP §§603 et seq. regarding the correspondence address), but was returned as undeliverable, the USPTO will try to obtain the correct address and forward the Office action or notice. However, the Office action or notice will not be given a new mailing date, and the time for response will not be extended.

The USPTO scans the returned action and envelope into TICRS.

If outgoing electronic mail ("e-mail") is returned as undeliverable, the USPTO will mail a paper copy to the correspondence address of record. See TMEP §§304 et seq. regarding e-mail.