609.02    Changing the Correspondence Address  

Once the correspondence address is established, the USPTO will generally send correspondence to that address until a written request to change the address is submitted, signed by the practitioner whom the USPTO has recognized, or, if the applicant or registrant is not represented by a qualified practitioner, by the individual applicant or registrant or someone with legal authority to bind a juristic applicant or registrant (e.g., a corporate officer or general partner of a partnership).  37 C.F.R. §§2.18(b)(2)  and 2.193(e)(9)–2.193(e)(9)(ii).

The mere transmittal of a response to an Office action bearing a new address does not effect a change in a correspondence address, except when a new owner takes an action in an application or registration (e.g., files a response to an Office action or statement of use) after recordation of a change of ownership, as discussed in TMEP §609.02(f).  

The USPTO will not undertake double correspondence with the applicant or registrant and the applicant’s or registrant’s qualified practitioner, or with more than one qualified practitioner.  37 C.F.R. §2.18(a)(6). However, if the applicant or the applicant’s qualified practitioner authorizes the USPTO to send official communications by e-mail, the applicant or the applicant’s qualified practitioner may designate one primary e-mail address and up to four secondary e-mail addresses for duplicate courtesy copies of the correspondence. See TMEP §403 regarding treatment of outgoing e-mail correspondence that is returned as undeliverable.

A written request to change the correspondence address does not revoke a power of attorney.  37 C.F.R. §§2.18(a)(7)  and 2.19(a)(3).  See TMEP §606 regarding revocation.

See also TBMP §§117–117.08 for information about correspondence in Board proceedings.

609.02(a)    Request to Change Correspondence Address Presumed

The USPTO will construe the following as a written request to change the correspondence address:

  • (1)   If a qualified practitioner transmits documents on behalf of an applicant or registrant who is not already represented by another qualified practitioner from a different firm, the USPTO will construe this as including a request to change the correspondence address to that of the practitioner (however, the filing of an "associate power of attorney" or similar document does not change the correspondence address); or
  • (2) If an applicant or registrant files a properly signed power of attorney ( see TMEP §605.01) designating a qualified practitioner, the USPTO will change the correspondence address to that of the practitioner named in the power, even if the applicant or registrant does not file a separate request to change the address.

37 C.F.R. §§2.18(b)(3)  and (4).  In these two situations, the USPTO will change the correspondence address to the address of the new qualified practitioner.  In all other situations, a written request to change the correspondence address, signed by the individual applicant or registrant, someone with legal authority to bind a juristic applicant or registrant (e.g., a corporate officer or general partner of a partnership), or the qualified practitioner of record, is required.  37 C.F.R. §§2.18(b)(2)  and 2.193(e)(9)–2.193(e)(9)(ii).  See TMEP §609.02(b) regarding the requirements for a written request to change the correspondence address.

See also TBMP §§117–117.08for information about correspondence in Board proceedings.

609.02(b)    Requirements for Request to Change Correspondence Address

A request to change the correspondence address must be in writing.  37 C.F.R. §2.18(b)(2).  Once the USPTO recognizes a qualified practitioner as the representative of an applicant or registrant, only that practitioner or another qualified practitioner from the same United States firm may sign a request to change the address, unless the applicant or registrant files a revocation of the previous power and/or a new power of attorney, or the previously recognized practitioner files a request to withdraw.  37 C.F.R. §§2.193(e)(3), 2.193(e)(9)(i), and 11.18(a).

If the applicant or registrant is not represented by a qualified practitioner, the request must be signed by the individual applicant or registrant or someone with legal authority to bind a juristic applicant or registrant (e.g., a corporate officer or general partner of a partnership).  In the case of joint applicants or registrants, all must sign.   See37 C.F.R. §§2.193(e)(9)(ii)  and 11.14(e); TMEP §611.02.

A request to change the correspondence address cannot be entered by examiner’s amendment. See 37 C.F.R. §2.18(b)(2).

To expedite processing, notices of change of correspondence address (including changes of e-mail correspondence address) should be filed through TEAS, at http://www.uspto.gov/teas/e-TEAS/index.html.  The TEAS form can be used to change the correspondence address on any application or registration that is currently active.  When a notice is filed through TEAS, the data from the form is inputted directly into the USPTO's Trademark database.

If two or more qualified practitioners are named in a power, any of the named practitioners can sign and submit a notice of change of correspondence address setting forth a new address, even if the new address is at a new firm.   See 37 C.F.R. §2.193(e)(9)(i). It is not necessary to submit a new power signed by the applicant or registrant when a named practitioner(s) changes firms.

See TBMP §§117–117.08 for information about correspondence in Board proceedings.

609.02(c)    Processing Requests to Change the Correspondence Address Before Registration  

Once the correspondence address is established for a particular application, the USPTO will generally not change it unless there is a written request to do so, signed by the applicant or the qualified practitioner of record.  37 C.F.R. §§2.18(a)(7)  and (b)(2).  The mere transmittal of a response to an Office action bearing a new address for an applicant or an applicant’s qualified practitioner does not effect a change in a correspondence address.  See TMEP §609.02(b) for further information about the requirements for a written request to change the correspondence address, and TMEP §609.02(a) for discussion of situations in which a request to change the correspondence address is presumed.

When the request is filed through TEAS, the data from the form is inputted directly into the USPTO's Trademark database.  When a request to change the correspondence address is filed on paper, the USPTO manually enters the new correspondence address into its Trademark database and places the request in the application record, but does not send a confirmation or other acknowledgment of the request to change the correspondence address.  The applicant may check the TSDR database at http://tsdr.uspto.gov  to determine whether the change of address has been entered into the USPTO’s Trademark database.

The USPTO will not process a request to change the correspondence address in an abandoned application, unless submitted in conjunction with a petition to revive or request for reinstatement.  When an applicant files a request to change the correspondence address in an abandoned application, the USPTO simply places the request in the record.

609.02(d)    Changing the Correspondence Address in Multiple Applications or Registrations  

The TEAS change of correspondence address form can be used to change the correspondence address for more than one application or registration.  An applicant or registrant may submit up to 300 application serial numbers at one time.  For registered marks, the TEAS form requires entry of the original application serial number rather than the registration number. Requests to change the address for more than 300 applications/registrations cannot be submitted in a single TEAS form.

Global address updates (i.e., requests to change an address in every application or registration in which it appears) will not be accepted.

609.02(e)    Changing the Correspondence Address After Registration

As noted in TMEP §609.01, the USPTO reestablishes the correspondence address upon the examination of an affidavit under §8, §12(c), §15, or §71 of the Trademark Act, a §9 renewal application, or a §7 request, even if there is no new power of attorney or request to change the correspondence address.  The USPTO will update its Trademark database to indicate the name of the qualified practitioner who filed the affidavit, renewal application, or §7 request, and update the correspondence address to that of the qualified practitioner.  37 C.F.R. §§2.17(g)(2)  and 2.18(c)–2.18(c)(2).  If the registrant is not represented by a qualified practitioner, the USPTO will update its Trademark database to indicate the registrant’s address as shown in the affidavit, renewal application, or §7 request as the correspondence address of record. See TMEP §604.02 regarding the duration of recognition as a representative.

Once the USPTO establishes a correspondence address upon examination of an affidavit, renewal application, or §7 request, a written request to change the address is required to effect a change of address during the pendency of that filing.  37 C.F.R. §§2.18(b)(2)  and (c)(2);   TMEP §604.02.  See TMEP §609.02(b) regarding the requirements for a written request to change the correspondence address.

Owners of registrations are encouraged to promptly notify the USPTO of any changes of address.  37 C.F.R. §2.18(b)(1).  To expedite processing, the USPTO recommends that the notice of change of address be filed through TEAS, at http://www.uspto.gov.  The TEAS form can be used to change the correspondence address on any registration that is currently active, but requires submission of the original application serial number rather than the registration number. When the notice is filed through TEAS, the data from the form is inputted directly into the USPTO’s Trademark database.

The USPTO will not process a request to change the correspondence address in a cancelled or expired registration, unless submitted in conjunction with a petition or request for reinstatement of the registration.  When a registrant files a request to change the correspondence address in a cancelled or expired registration, the USPTO simply places the request in the record.

See TBMP §§117–117.08 for information about correspondence in Board proceedings and TMEP §604.03 regarding change of attorney.

609.02(f)    Correspondence After Recordation of Change of Ownership

For purposes of recognition as a representative, the USPTO considers a power of attorney to end when ownership changes.  37 C.F.R. §2.17(g)(1).   TMEP §604.02.

Recordation of an assignment (or other document changing title) with the Assignment Services Branch does not automatically update the correspondence address in the USPTO's Trademark database.   See TMEP §503.01(b).  To ensure that the Trademark database is updated to reflect the correct correspondence address, new owners should file a separate written request with the Trademark Operation to change the address, preferably through TEAS.  

If the new owner does not file a separate written request with the Trademark Operation to change the correspondence address, but instead takes an action in connection with an application or registration by filing a properly signed communication (e.g., a response to an Office action or statement of use) bearing a new correspondence address, the USPTO may update its Trademark database to reflect the address of the new owner or the new owner’s qualified practitioner even if the new owner does not specifically request a change of the correspondence address.  In this situation, the USPTO will reestablish the correspondence address, using the guidelines set forth in TMEP §609.01.  If the new owner is not represented by a qualified practitioner, the correspondence address will be changed to reflect the address of the applicant or registrant, as set forth in the written communication.

If a new qualified practitioner appears in person or signs a document on behalf of the new owner, the USPTO will recognize the new practitioner even absent a new power of attorney or revocation of the previous power, pursuant to 37 C.F.R. §2.17(b)(1)(ii).   See TMEP §604.02.  However, if the previously recognized qualified practitioner appears on behalf of the new owner (which might occur when the new owner is a related company), the USPTO will continue to conduct business and correspond with that practitioner.  The previously recognized practitioner does not have to file a new power of attorney signed by the new owner.

See also TBMP §§117–117.08 regarding correspondence in Board proceedings and TMEP §§505–505.02 regarding requests to update ownership information after recordation of a change of ownership.