601.01(c)(ii)    Evaluating a New Domicile Address Provided in Response to a Domicile Address Requirement

When an applicant or registrant provides a new domicile address in response to a domicile address requirement, the examining attorney or post-registration examiner must conduct an internet search of the new domicile address unless it is apparent from the address itself that the new address is an unacceptable type of domicile address or is a foreign address. See TMEP §601.01(c)(i).

Examining attorneys may request assistance from the Trademark Law Library with this search. Post-registration examiners may request assistance by emailing the Post Registration internal mailbox. After completing a search, examining attorneys must upload a Note to the File indicating that they conducted a search. After registration, a Note to the File will be entered after the search is conducted.

The examining attorney or post-registration examiner must take the appropriate action set forth below, based on the relevant circumstances.

Acceptable domicile address based on the applicant’s or registrant’s entity type. If the new address is an acceptable type of domicile address based on the applicant’s or registrant’s entity type, it may be accepted. However, the examining attorney or post-registration examiner must raise any new issues resulting from the new domicile address (e.g., if a pro se applicant or registrant provides a foreign domicile address, then U.S. counsel is required if one was not already appointed (see TMEP §601.01(a))).

Unacceptable domicile address and no arguments or evidence submitted. If the new address is an unacceptable type of domicile address (see TMEP §601.01(c)(i)) and the applicant or registrant did not provide any arguments or evidence as to why the address complies with the requirement for a domicile address, the requirement must be maintained and/or made final, as appropriate.

Unacceptable domicile address and arguments or evidence submitted. If the new address is an unacceptable type of domicile address based on the applicant’s or registrant’s entity type and the applicant or registrant provides any arguments or evidence in the form of documentation, the examining attorney or post-registration examiner must follow the procedures set forth in TMEP §601.01(c)(iii).