109    Filing Date

37 C.F.R. § 2.195  Receipt of trademark correspondence.

  • (a) 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:
    • (1) 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.
    • (2) Trademark-related correspondence transmitted electronically will be given a filing date as of the date on which the Office receives the transmission.
    • (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.
    • (4) 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.
  • (b) Correspondence delivered by hand. Correspondence may be delivered by hand during hours the Office is open to receive correspondence.
  • * * * *
  • (d) Facsimile transmissions are not permitted and if submitted, will not be accorded a date of receipt, in the following situations:
    • * * * *
    • (3) Correspondence to be filed with the Trademark Trial and Appeal Board;
    • * * * *
  • (e) Interruptions in U.S. Postal Service.
    • (1) 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 Office.
    • (2) The petition must:
      • (i) Be filed promptly after the ending of the designated interruption or emergency;
      • (ii) Include the original correspondence or a copy of the original correspondence; and
      • (iii) 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.
    • (3) 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).

The cover sheet for correspondence transmitted electronically through ESTTA is automatically affixed with the date the Office receives the complete transmission, including any required fee. [ Note 1.] Eastern Time controls the filing date. [ Note 2.] Once a request is transmitted electronically, the system immediately provides the sender with an email acknowledgement of receipt. For more information regarding ESTTA, see TBMP § 110.

Mailed or hand-delivered correspondence, when permitted, is stamped with the date of receipt in the Office (i.e., the "filing" date) unless the correspondence is filed by the Priority Mail Express® procedure provided in 37 C.F.R. § 2.198. [ Note 3.]

When correspondence intended for the Board is filed by the "Priority Mail Express® Post Office to Addressee" service of the United States Postal Service the document will be stamped with the "date in" as the date of receipt (unless the "date in" is a Saturday, Sunday, or Federal holiday within the District of Columbia). If the date of deposit with the Postal Service cannot be determined, the correspondence will be stamped with the date of its actual receipt in the USPTO. [ Note 4.]

The Board does not accept correspondence by facsimile. Any such filings, including a notice of ex parte appeal, will not be accorded a filing date. [ Note 5.]

When correspondence intended for the Board is filed by first-class mail with a certificate of mailing, in accordance with the procedure described in 37 C.F.R. § 2.197(a), it is stamped with the date of receipt of the correspondence in the Office. The mailing date specified in the certificate of mailing is used for purposes of determining the timeliness of the correspondence. The date of receipt is used for all other purposes. [ Note 6.]

NOTES:

 1.   37 C.F.R. § 2.195(a)(2); Vibe Records Inc. v. Vibe Media Group LLC, 88 USPQ2d 1280, 1282 (TTAB 2008) (receipt date of ESTTA submission is automatically affixed to paper). See https://estta.uspto.gov  for instructions for filing using ESTTA.

 2.   37 C.F.R. § 2.195(a)(2). See MISCELLANEOUS CHANGES TO TRADEMARK TRIAL AND APPEAL BOARD RULES OF PRACTICE, 81 Fed. Reg. 19296, 19296 (to be codified at 37 C.F.R. pt. 2 (proposed April 4, 2016).

 3.   37 C.F.R. § 2.195(a) 

 4.   37 C.F.R. § 2.195  and 37 C.F.R. § 2.198. See 37 C.F.R. § 2.198(d), regarding procedures for petitioning the Director to correct a filing date discrepancy.

 5.   37 C.F.R. § 2.195(d)(3)  See also Vibe Records Inc. v. Vibe Media Group LLC, 88 USPQ2d 1280, 1283 (TTAB 2008) (fax transmission of notice of opposition not acceptable under any circumstances and not accorded a filing date).

 6.   37 C.F.R. § 2.195(a)  and 37 C.F.R. § 2.197(a). For information concerning the date stamped by the USPTO on correspondence when interruptions or emergencies occur in the United States Postal Service, see 35 U.S.C. § 21 and 37 C.F.R. § 2.195(e).