107    How and Where to File Permitted Paper Filings and Fees

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.
    • * * * *
    • (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 Board requires electronic filing using ESTTA for all submissions in Board proceedings. However, for those submissions that are permitted to be filed on paper due to the unavailability of ESTTA as a result of technical problems, or when extraordinary circumstances are present, the specific requirements for delivery of such submissions to the Office are set out below.

Documents relating to proceedings before the Board, may be filed during regular office hours by hand delivery or by courier service to:

Trademark Assistance Center

James Madison Building - East Wing

Concourse Level, Room C55

600 Dulany Street

Alexandria,VA 22314

Such papers may also be filed by depositing them in the mail addressed to:

United States Patent and Trademark Office:

Trademark Trial and Appeal Board

P.O. Box 1451

Alexandria,VA 22313-1451

Documents to be filed with the Board, including a notice of ex parte appeal, may not be filed by facsimile transmission ("fax"). [ Note 1.] If documents are filed with the Board by fax transmission, they will not receive a filing date. [ Note 2.]

The Board does not accept any filings by email. For information on filing submissions using ESTTA, the Board’s electronic filing system, see TBMP § 110.

For information on how to pay fees, see TBMP § 118.

NOTES:

 1.   37 C.F.R. § 2.195(d)(3). See, e.g., Vibe Records Inc. v. Vibe Media Group LLC, 88 USPQ2d 1280, 1283 (TTAB 2008) (facsimile filing of notice of opposition not accepted).

 2.   37 C.F.R. §2.195(d)(3). See, e.g., Vibe Records Inc. v. Vibe Media Group LLC, 88 USPQ2d 1280, 1283 (TTAB 2008) (facsimile filing of notice of opposition not accorded filing date).