T.M.E.P. § 709.05
Informal Submissions

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 (§709.04) | Next Section (§709.06)

709.05 Informal Submissions

An applicant may conduct informal communications with an examining attorney regarding a particular application by fax, e-mail (see TMEP §§304 et seq.), or other means. Informal communications should be conducted only if they serve to develop and clarify specific issues and lead to a mutual understanding between the examining attorney and the applicant.

Informal communications must be made part of the record, because the USPTO uses them in decision making, and anything used in decision making must be made of record. 37 C.F.R. 2.191. When a communication is informal, the applicant should clearly identify it as such. If it is unclear whether a communication is an informal inquiry or a response to an Office action, the USPTO will process the communication as a response.

Filing an informal communication does not extend the deadline for response to an outstanding Office action.