120.03 Files of Terminated Proceedings
When an inter partes proceeding has been finally determined, i.e., when the proceeding is over (including the resolution of any direct court review), the Office takes certain further steps based on the final decision, including those steps necessary to give effect to the decision. This process is referred to as the "termination" of the proceeding. See TBMP § 806 (Termination of Proceeding).
The official records for all Board proceedings are now kept electronically. The electronic files of all Board proceedings continue to remain available online through TTABVUE after termination.
Pursuant to the National Archives retention schedule, terminated paper inter partes proceeding files that result in a final decision by the Board, e.g., a granted motion for summary judgment or motion to dismiss, or a final decision on the merits, are transferred to a USPTO warehouse for 3 years, then to the Washington National Records Center in Suitland, Maryland for 27 years, and then to the National Archives for permanent retention. All other terminated paper proceedings are transferred to a USPTO warehouse for 3 years and then transferred to the Washington National Records Center in Suitland, Maryland, where they remain for 27 years before destruction. The paper files of existing registrations are also stored at the warehouse for as long as they remain registered. The paper files of cancelled and expired registrations are destroyed three years after the date of cancellation or expiration; the paper files of abandoned applications are destroyed three years after the date of abandonment. In addition, the paper files of terminated opposition proceedings numbered from 30,000 through 53,999, and of terminated cancellation proceedings numbered from 1 through 9399, have been destroyed.
An individual who wishes to inspect or copy a paper file stored by the Office in a USPTO warehouse may place a request for access to a particular file with the Trademark Assistance Center, located at 600 Dulany Street, Madison East Concourse Level, Room C55, Alexandria, Virginia. Requests for access may be made using the self-service electronic File Ordering System or by logging them in the Public Access Log Book located in the Trademark Assistance Center public access area. A Trademark Assistance Center employee is available to assist customers desiring to place requests for access to Board files.
Paper files which have been ordered and received for customers will be held at the Trademark Assistance Center customer service window for a period of two weeks to enable the customer to return to inspect or copy the ordered files. Customers may copy pages from the files using the photocopier designated for public use which is located in the Trademark Assistance Center public access area by using a prepaid magnetic card to charge the fees for the copies. The magnetic card, known as a "copy card" may be purchased from the cashier at the USPTO Public Search Facility, which is located at 600 Dulany Street, Madison East, 1st Floor, Alexandria, Virginia. The file may not be removed from the premises of the Trademark Assistance Center, and a person who removes papers from a file for copying must return the papers to the file in their proper order. [ Note 1.]
NOTES:
1. See TMEP § 109.02.