109.02    Paper Files

Effective April 12, 2004, the USPTO no longer creates paper files for all trademark applications or paper copies of certain trademark-related documents that are submitted to the USPTO in electronic format.  Furthermore, the USPTO does not generate paper copies of certain trademark documents that the USPTO creates, except for copies that are sent to recipients by mail.  See New USPTO Policies Regarding (1)  Generation of Paper Copies of Trademark-Related Documents and (2)  Public Access to Existing Paper Copies of Trademark-Related Documents (TMOG Apr. 6, 2004), at http://www.uspto.gov/web/offices/com/sol/og/2004/week14/pattmcp.htm.  All these documents can be viewed through TICRS and TSDR.

A member of the public may request access to a paper file at the Trademark Assistance Center (TAC), which is located in the James Madison Building - East Wing, Concourse Level, 600 Dulany Street, Alexandria, VA, between 8:30 a.m. and 5:00 p.m. The file will usually be available to the requester within a few days.

USPTO personnel must keep a record of all files requested and enter the new location of the file (e.g., charged to non-USPTO personnel) in the Trademark database. The public must inspect the file in the TAC and may make copies of documents in the file in the TAC. No file or related document may be removed from the premises occupied by the USPTO, except as required by the issue process or other official process, unless specifically authorized by the Director. 18 U.S.C. §2071(b). If such authorization is given, the employee having custody will be responsible for complying with the requirements of law.

Paper files for abandoned applications and cancelled and expired registrations are stored in the warehouse for two years after the date of abandonment, cancellation, or expiration, and then destroyed. See notice at 980 TMOG 16, reprinted at 1232 TMOG 625 (March 21, 2000).  See TBMP §120.03  regarding the retention schedule for the files of terminated Board proceedings.

See TMEP §503.08 regarding the accessibility of assignment records.