403 Correspondence Returned as Undeliverable
If an email notification of the issuance of an Office action or other notice sent to the designated primary email correspondence address of record is returned as undeliverable, the time for response will not be extended. Similarly, if an Office action or notice was mailed to the postal correspondence address of record, but was returned as undeliverable, the time for response will not be reset. See TMEP §§609–609.01(a) regarding the correspondence address.
If the USPTO either entered the correspondence address of record incorrectly or failed to enter a properly authorized request to change the correspondence address filed before the date on which the action or notice was issued, the USPTO may reissue the Office action or notice with a new response period if the applicant or registrant notifies the USPTO prior to the expiration of any deadline for response.
The transmittal of correspondence or a response on letterhead bearing a new address is not an appropriate means of providing notice of, or making, changes to the correspondence address of record. A request to change the correspondence address, signed in accordance with § 2.193(e)(9), must be promptly filed. 37 C.F.R §2.18(b). See TMEP §§609.02609.02(f). To expedite processing, notices of change of correspondence address (including changes of email correspondence address) should be filed through TEAS. See TMEP §609.02(b).
Trademark applicants and registrants should monitor the status of their applications or registrations every six months between the filing of an application or of a maintenance submission and the issuance of a registration or notice of acceptance. See TMEP §§108.03 and 1705.05 regarding due diligence and the duty to monitor status. Should the status inquiry reveal that a document is lost, that no action has been taken regarding correspondence that was submitted, or that some other problem exists, the applicant or registrant must promptly request corrective action in accordance with the procedures in TMEP §1705.05. Failure to act diligently and follow up with appropriate action may result in denial of the requested relief.
See TMEP §717 regarding reissuing Office actions and TMEP §717.01 regarding outgoing correspondence returned as undeliverable. See TMEP §§1712–1712.02(b)(iii) regarding requesting reinstatement of applications and registrations abandoned due to USPTO error.