TMEP 306: Facsimile Transmission (Fax)

This is the October 2015 Edition of the TMEP

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306    Facsimile Transmission (Fax)

37 C.F.R. §2.195 (Extract) Receipt of trademark correspondence.

  • (a) * * *

    Trademark correspondence received in the Office is given a filing date as of the date of receipt except as follows:

    * * *

  • (3) 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 Columbia.

    * * * * *

  • (c) 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.
  • (d) Facsimile transmissions are not permitted and if submitted, will not be accorded a date of receipt, in the following situations:
  • (1) Applications for registration of marks;
  • (2) Drawings submitted under §2.51, §2.52, §2.72, or §2.173;
  • (3) Correspondence to be filed with the Trademark Trial and Appeal Board, except notices of ex parte appeal;
  • (4) 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
  • (5) Madrid-related correspondence submitted under §7.11, §7.21, §7.14, §7.23, §7.24, or §7.31.

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The USPTO permits the filing of certain correspondence by fax. See TMEP §306.03 regarding the date of receipt of correspondence that is filed by fax.

A certificate of transmission may be used to establish timely filing in the event that the correspondence is transmitted within the response period but is received in the Office after expiration of the response period, or is not received by or lost within the Office. See TMEP §§306.05–306.05(d) regarding the requirements for the certificate of transmission procedure.