TMEP 820.02(b): Additional Documents That Must be Filed Through TEAS

This is the October 2015 Edition of the TMEP

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820.02(b)    Additional Documents That Must be Filed Through TEAS

To maintain TEAS RF status, the applicant must also file the following documents through TEAS:

  • Responses to Office actions (except notices of appeal);
  • Requests for reconsideration of final Office actions;
  • Requests to change the correspondence address and/or owner’s address;
  • Appointment and/or revocation of power of attorney;
  • Appointment and/or revocation of domestic representative;
  • Voluntary amendments;
  • Amendments to allege use under §1(c) of the Trademark Act, 15 U.S.C. §1051(c);
  • Statements of use under §1(d) of the Trademark Act, 15 U.S.C. §1051(d);
  • Requests for extensions of time to file a statement of use under §1(d) of the Trademark Act, 15 U.S.C. §1051(d); and
  • Requests to delete a §1(b) basis in a multiple-basis application.

37 C.F.R. §2.23(b)(1). The additional fee(s) for each class of goods/services will be required if the applicant files any of these documents on paper. 37 C.F.R. §§2.6(a)(1)(v) and 2.23(c).

When issuing a nonfinal action on a TEAS RF application, the examining attorney will require that the applicant either: (1) respond through TEAS (or by examiner’s amendment, if appropriate); or (2) if responding on paper, include the additional TEAS RF processing fee with the response. If the applicant files a paper response without the required fee, the requirement for payment of the fee will be made final, assuming that the application is otherwise in condition for final refusal. See TMEP §§714–714.06 regarding procedures for issuing a final refusal.

If a Notice of Allowance has issued and the applicant files a statement of use or request for an extension of time to file a statement of use on paper, or any other document that is required to be filed electronically between issuance of the Notice of Allowance and filing of the statement of use, the ITU Unit staff will send a letter requiring payment of the additional fee. If the applicant fails to submit the fee, the examining attorney will require payment of the fee during examination of the statement of use.