Receipt of Documents by the Office
37 C.F.R. § 2.195
Receipt of trademark correspondence.
Date of receipt and Priority Mail Express® date of
deposit. Trademark correspondence received in the Office is given a filing date as
of the date of receipt except as follows:
The Office is not open for the filing of
correspondence on any day that is a Saturday, Sunday, or Federal holiday within
the District of Columbia. Except for correspondence transmitted electronically
under paragraph (a)(2) of this section or transmitted by facsimile under paragraph
(a)(3) of this section, no correspondence is received in the Office on Saturdays,
Sundays, or Federal holidays within the District of Columbia.
Trademark-related correspondence transmitted
electronically will be given a filing date as of the date on which the Office
receives the transmission.
Correspondence transmitted by facsimile will be given
a filing date as of the date on which the complete transmission is received in the
Office unless that date is a Saturday, Sunday, or Federal holiday within the
District of Columbia, in which case the filing date will be the next succeeding
day that is not a Saturday, Sunday, or Federal holiday within the District of
Correspondence filed in accordance with § 2.198 will
be given a filing date as of the date of deposit as Priority Mail Express® with
the United States Postal Service.
Correspondence delivered by hand. Correspondence may
be delivered by hand during hours the Office is open to receive
Facsimile transmission. Except in the cases
enumerated in paragraph (d) of this section, correspondence, including
authorizations to charge a deposit account, may be transmitted by facsimile. The
receipt date accorded to the correspondence will be the date on which the complete
transmission is received in the Office, unless that date is a Saturday, Sunday, or
Federal holiday within the District of Columbia. See § 2.196.
To facilitate proper processing, each transmission session should be limited to
correspondence to be filed in a single application, registration or proceeding
before the Office. The application serial number, registration number, or
proceeding number should be entered as a part of the sender’s identification on a
facsimile cover sheet.
Facsimile transmissions are not permitted and if
submitted, will not be accorded a date of receipt, in the following
Applications for registration of marks;
Drawings submitted under § 2.51, § 2.52, § 2.72, or §
Correspondence to be filed with the Trademark Trial
and Appeal Board, except notices of ex parte appeal;
Requests for cancellation or amendment of a
registration under section 7(e) of the Trademark Act; and certificates of
registration surrendered for cancellation or amendment under section 7(e) of the
Trademark Act; and
Madrid-related correspondence submitted under § 7.11,
§ 7.21, § 7.14, § 7.23, § 7.24, or § 7.31.
Interruptions in U.S. Postal Service.
If the Director designates a postal service
interruption or emergency within the meaning of 35 U.S.C. 21(a), any person
attempting to file correspondence by Priority Mail Express® Post Office to
Addressee service who was unable to deposit the correspondence with the United
States Postal Service due to the interruption or emergency may petition the
Director to consider such correspondence as filed on a particular date in the
The petition must:
Be filed promptly after the ending of the designated
interruption or emergency;
Include the original correspondence or a copy of the
original correspondence; and
Include a statement that the correspondence would have
been deposited with the United States Postal Service on the requested filing date
but for the designated interruption or emergency in Priority Mail Express®
service; and that the correspondence attached to the petition is the original
correspondence or a true copy of the correspondence originally attempted to be
deposited as Priority Mail Express® on the requested filing date.
Paragraphs (e)(1) and (e)(2) of this section do not
apply to correspondence that is excluded from the Priority Mail Express® procedure
pursuant to § 2.198(a)(1).