303    Filing Date of Trademark Correspondence

37 C.F.R. § 2.195  Filing date of trademark correspondence.

The filing date of trademark correspondence is determined as follows:

  • (a) Electronic submissions. The filing date of an electronic submission is the date the Office receives the submission, based on Eastern Time, regardless of whether that date is a Saturday, Sunday, or Federal holiday within the District of Columbia.
  • (b) Paper correspondence. The filing date of a submission submitted on paper is the date the Office receives the submission, except as follows:
  • (1) Priority Mail Express®. The filing date of the submission is the date of deposit with the USPS, if filed pursuant to the requirements of § 2.198.
  • (2) Certificate of mailing. The filing date of the submission is the date of deposit with the USPS, if filed pursuant to the requirements of § 2.197.
  • (3) Office closed. The Office is not open to receive paper correspondence on any day that is a Saturday, Sunday, or Federal holiday within the District of Columbia.
  • (c) Email and facsimile submissions. Email and facsimile submissions are not permitted and, if submitted, will not be accorded a date of receipt.
  • (d) Interruptions in USPS. 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 USPS due to the interruption or emergency may petition the Director to consider such correspondence as filed on a particular date in the Office. The petition must:
  • (1) Be filed promptly after the ending of the designated interruption or emergency;
  • (2) Include the original correspondence or a copy of the original correspondence; and
  • (3) Include a statement that the correspondence would have been deposited with the USPS 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.

303.01    Filing Date for Electronic Submissions

Trademark correspondence transmitted electronically using TEAS is considered filed on the date the USPTO receives the submission, in Eastern Time (ET), regardless of whether that date is a Saturday, Sunday, or Federal holiday within the District of Columbia.  37 C.F.R. §2.195(a).

All forms filed using TEAS are time/date stamped when received by the USPTO, ET. The time/date stamp is generated at the moment the payment process is completed or, if no payment is required, when the success screen is displayed. The time/date stamp is the official time the USPTO received the submission; the time the transmission began is not considered when assigning the filing date. The official filing date and time can be found at the bottom of the email confirmation sent after submission. Any TEAS submission received by the USPTO as of 11:59 p.m. (i.e., before 12:00 a.m.) ET will be given that day's filing date.

If a document transmitted through TEAS or ESTTA is due on a Saturday, Sunday, or a Federal holiday within the District of Columbia, the document will be considered timely if the USPTO receives the transmission on or before the following day that is not a Saturday, Sunday, or a Federal holiday within the District of Columbia. 37 C.F.R. §2.196; TMEP §308.

Permitted paper filings. For correspondence permitted to be filed on paper (see TMEP §301.01), the filing date of a submission submitted on paper is the date the USPTO received the submission.  37 C.F.R. §2.195(b).  However, for submissions using Priority Mail Express®, in accordance with 37 C.F.R. §2.198, or the "certification of mailing" procedure, in accordance with 37 C.F.R. §2.197, the filing date of the submission is the date of deposit with the U. S. Postal Service. 37 C.F.R. §2.195(b)(1), (b)(2).

In addition, under 37 C.F.R. §2.195(b)(3), no paper correspondence is "received" in the USPTO on Saturdays, Sundays, or Federal holidays within the District of Columbia.  See TMEP §308 regarding response periods that end on a Saturday, Sunday, or Federal holiday within the District of Columbia.

See TMEP §1904.01(b) regarding the filing date of a request for an extension of protection of an international registration to the United States under §66(a) of the Trademark Act, 15 U.S.C. §1141f(a).  

303.02    Acknowledgment of Receipt by USPTO

303.02(a)    TEAS "Success" Page

When a document is filed electronically, the USPTO generally receives it within seconds after it has been submitted.  TEAS almost immediately displays a "Success" page that confirms receipt.  This page may be printed or copied-and-pasted into an electronic record for storage, and used as evidence of filing should any question arise as to the filing date of the document. See TMEP §303.01 regarding the filing date for a TEAS submission.

303.02(b)    Permitted Paper Filings: USPTO "Mail Room Date" Label Showing Receipt

The USPTO places a label indicating the date of receipt on every application, part of an application, amendment, letter, or other permitted paper filing (see TMEP §301.02).  The label is referred to as the "Mail Room Date" label, and it establishes the date of receipt (i.e., the filing date) of the paper-filed document.  The documents are then scanned and added to the relevant application or registration record, and the prosecution history is updated accordingly.

303.02(c)    Permitted Paper Filings: Filer-provided Postcard Receipt

For documents permitted to be filed on paper(see TMEP §301.02), a party may obtain a receipt by enclosing a self-addressed, stamped postcard identifying the document.  The USPTO will place a label indicating the receipt date on the card and return it to the party who filed the document.

The identifying data on the postcard should be complete and specific.  The nature of the document being filed on paper (e.g., application, affidavit, amendment, appeal, petition); the name of the applicant or registrant; the mark; the application filing date or registration date; and the application serial number, registration number, or proceeding number should be included if available.  Each specific element of the filing should be listed on the postcard (e.g., written application, drawing page, fee, specimen) so that the postcard can be used as evidence that the element was submitted if the element is lost or disassociated from the record.

The party submitting the postcard is responsible for placing proper postage on the self-addressed postcard, and for ensuring that the proper mailing address appears on the postcard.