301    Filing Documents

301.01    Electronic Filing Is Mandatory

Trademark applicants and registrants must file all trademark submissions electronically using the Trademark Electronic Application System (TEAS) at https://teas.uspto.gov, and provide an email address for receiving USPTO correspondence, with limited exceptions. See 37 C.F.R. §§2.21, 2.23, 7.4, 7.25.

Limited Exceptions for Paper Submissions.

The requirement to file all trademark correspondence through TEAS does not apply to:

Unless one of the above exceptions applies, applicants or registrants that file a paper submission will receive a notice from the USPTO indicating that the submission will not be processed and will be destroyed in accordance with the relevant record-retention schedule. If a check or money order was included with the paper submission, it will be returned with the USPTO notice.

Trademark Trial and Appeal Board. The Electronic System for Trademark Trials and Appeals (ESTTA) is the USPTO’s electronic filing system, which is available at https://estta.uspto.gov/, for filing documents in Trademark Trial and Appeal Board (Board) proceedings. See 37 C.F.R §2.126(a). Parties to Board proceedings must use ESTTA to file requests for extensions of time to oppose, notices of opposition, petitions to cancel, appeals, motions, briefs, notices of change of address, and other documents. See Trademark Trial and Appeal Board Manual of Procedure (TBMP) §110.01.

Assignments. Requests to record assignments, name changes, and other transfer of ownership of marks in applications and registrations may be filed using the Electronic Trademark Assignment System (ETAS) at https://etas.uspto.gov/  or submitted on paper. See 37 C.F.R. §3.25(c); TMEP Chapter 500.

301.01(a)    Trademark Electronic Application System (TEAS)

The Trademark Electronic Application System (TEAS) is the United States Patent and Trademark Office’s (USPTO) electronic filing system, which is available at https://teas.uspto.gov. Applicants and registrants must use TEAS to file all forms related to a domestic application or registration, or for filings under the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol), except for initial applications filed under Trademark Act Section 66(a) (see TMEP §301.02(b)). TEAS provides a group of specific forms that require direct data entry in designated fields, and/or the attachment of a .jpg or .pdf image file. To file documents using TEAS, the user must be logged into their USPTO.gov account.

For more information regarding the technical requirements for using TEAS, including the requirements for filing attachments to TEAS forms, see https://www.uspto.gov/trademarks-application-process/filing-online/trademark-electronic-application-system-teas-1.

For more information regarding the requirement to login to a USPTO.gov account, see https://www.uspto.gov/trademark/login.

For information about web browsers that are compatible with TEAS, see https://www.uspto.gov/trademarks-application-process/filing-online/browser-information.

For all TEAS submissions, the USPTO generally receives the submission within seconds after it is filed. TEAS almost immediately displays a "Success" page that confirms receipt. See TMEP §303.02(a). This page is evidence that the submission was filed should any question arise as to the filing date of the document, and may be printed or copied-and-pasted into an electronic record for storage. Id. From the "Success" page, the filer can click on a link to a PDF receipt that includes a summary of the filed information and general processing information. TEAS also separately sends an email acknowledgement of receipt that includes the same information. Filing electronically through TEAS automatically creates an entry of receipt of this filing in the USPTO’s automated system.

See TMEP §303.01 regarding the filing date for TEAS submissions.

301.01(b)    TEAS Availability

The Trademark Electronic Application System (TEAS) is generally available 24 hours a day, seven days a week. TEAS, however, is periodically down for scheduled maintenance and unexpected outages. Users should check the "USPTO Systems Status and Availability" page on the USPTO website for notice regarding such maintenance or outage.

TEAS widespread or lengthy system outage. In the event TEAS is unavailable to the general public due to a widespread or lengthy TEAS outage, the USPTO will continue its practice of issuing a notice on the "USPTO Systems Status and Availability" page, specifying temporary procedures for filing documents with the USPTO. If the USPTO website is inaccessible, the filer should call the Trademark Assistance Center at (571) 272-9250 or email TEAS@uspto.gov for information on the temporary procedures.

If the outage falls on the date of the deadline for the submission, the requirement to file electronically will be waived, and filings via facsimile will be accepted without a petition or petition fee. See TMEP §1709.01(a) for the requirements for submitting a document during a widespread or lengthy TEAS outage and the associated fees.

TEAS limited or short-term system outage or user’s system outage. If TEAS is unavailable due to either a limited or short-term USPTO system outage or a user’s system outage on the date of the deadline for submission of a document, a petition to the Director to accept a paper submission may be submitted. 37 C.F.R. §2.147(a). See TMEP §1709.01(b) for the requirements for submitting a document during a limited or short-term USPTO system outage or user’s system outage and the associated fees.

See also TMEP §1709 regarding filing petitions to the Director under 37 C.F.R. §2.147  to accept paper filings in general.

301.02    Limited Exceptions for Paper Submissions

The USPTO will permit paper submissions of forms related to a domestic application or registration, or for filings under the Madrid protocol, and related correspondence only in the limited circumstances discussed below. Otherwise, paper submissions will not be processed and will be destroyed in accordance with the relevant record retention schedule, and any accompanying fee will not be accepted. In these circumstances, the USPTO will issue a notice to that effect to the submitting party, and will return with the notice any check or money order provided with the paper filing.

301.02(a)    Treaty-exempt Filers under International Agreements

The United States is a member of both the Trademark Law Treaty (TLT) and the subsequent Singapore Treaty on the Law of Trademarks (STLT), which constitute two separate international instruments that may be ratified or acceded to independently by member countries. Nationals of TLT members that are not also members of STLT at the time of submission of the relevant document to the USPTO are not required to file trademark submissions electronically, receive communications from the USPTO via email, or submit a petition to accept a paper filing. See 37 C.F.R. §§2.21(c), 2.23(c), 7.4(c).

301.02(b)    Specimens for Scent, Flavor, or Similar Non-Traditional Marks

A specimen for certain non-traditional marks, such as scent and flavor marks, cannot be submitted electronically. See 37 C.F.R. §2.56(d)(1); TMEP §904.03(m). For example, if the application is for a scent mark, the examining attorney must be able to smell the actual scent to determine registrability.

To submit a specimen for a scent, flavor, or similar non-traditional mark, the applicant must first submit information about the specimen online using the appropriate TEAS form and then mail in the physical specimen to the following address:

Commissioner for Trademarks

James Madison Building – East Wing

Concourse Level – 0B50

Attn: Mailroom Staff

600 Dulany Street

Alexandria,

Virginia

22314

The TEAS forms have a checkbox on the "Use Information" page that must be selected to indicate that a specimen for a non-traditional mark will be submitted by mail. In these circumstances, the applicant or registrant is not required to submit a petition requesting acceptance of a specimen filed on paper or waiver of the requirement to file the specimen electronically. See 37 C.F.R. §2.56(d)(1).

This exception does not apply to sound, motion, and color marks, for which electronically filed specimens are sufficient to determine registrability. Applicants are required to submit specimens for these marks electronically. See TMEP §904.03(f), (l).

301.02(c)    Petition to Accept a Paper Submission

In certain circumstances, an applicant or registrant may file a petition to the Director under 37 C.F.R. §2.147  to request acceptance of a submission filed on paper. See TMEP §§1709-1709.03 for further information on when such a petition can be filed and the requirements for submitting one.

301.02(d)    Postal Service Interruption or Emergency

In the event of a postal-service interruption or emergency related to a natural disaster, the USPTO will continue its prior practice of issuing a notice on the USPTO website that specifies temporary procedures for filing documents with the USPTO. Generally, the USPTO will waive certain requirements of the rules for those in the affected area. The notice can be found on the "USPTO Systems Status and Availability" page of the website. If Internet access is not available, call the Trademark Assistance Center at (571) 272-9250 or email TEAS@uspto.gov for information on the temporary procedures. See TMEP §305.04 about postal service interruptions or emergencies.

301.02(e)    Applications Filed under Trademark Action Section 66(a)

Trademark Act Section 66(a) applications are initially filed with the International Bureau of the World Intellectual Property Organization (IB) and subsequently transmitted to the USPTO for examination. However, all subsequent submissions relating to such applications must be filed through TEAS. See 37 C.F.R. §§2.23(a), 7.25.

301.02(f)    "Grandfathered" Applications and Post-Registration Maintenance Documents

Under the rules mandating electronic filing, the TEAS RF application filing option was renamed TEAS Standard and the TEAS Regular application filing option was eliminated. Applications filed prior to February 15, 2020 that were submitted on paper or using a TEAS Regular application form, which did not require use of TEAS for other application-related submissions, are "grandfathered" under the prior rules, which permit paper submissions, until the application registers or is abandoned and is not eligible to be revived or reinstated pursuant to 37 C.F.R. §2.64, §2.66, or §2.146. If such an applicant or its attorney chooses to use TEAS to submit a document during the pendency of the application, the application loses its grandfathered status. The TEAS form will require the email address of the applicant and its qualified U.S. attorney, if represented, to be provided, and the USPTO will send all future correspondence to the email address of the applicant or its attorney, as appropriate.

Applicants that filed an application prior to February 15, 2020 using the TEAS RF or TEAS Plus application form were already subject to the requirement to correspond electronically with the USPTO at the time of filing. If a TEAS Plus or TEAS RF applicant submits a response to an Office action or other document on paper, the applicant must submit a petition requesting acceptance of the paper filing under 37 C.F.R. §2.146  or §2.147  with the required petition fee, as appropriate. See TMEP §§301.02(e), 1702, 1709. The applicant will not be charged the additional processing fee under prior 37 C.F.R. §2.22(c)  or §2.23(c).

Registrants that filed post-registration maintenance documents on paper prior to February 15, 2020 are grandfathered under the prior rules until the acceptance or final rejection of the filing, unless the registrant or its qualified U.S. attorney, if represented, elects to use TEAS to submit a document during the pendency of the post-registration matter. Any subsequent post-registration filings must be submitted electronically through TEAS.