302.02    Identifying the Type of Document Filed

302.02(a)    Correspondence Pertaining to Trademark Applications

Documents filed through TEAS or ESTTA are identified according to their type and require an application serial or proceeding number in order to relate the filing to a specific application or proceeding. These documents are automatically entered into the record of the appropriate application or Board proceeding.

Permitted paper filings. To ensure the timely entry into the record of any permitted paper filing (see TMEP §301.02), each piece of correspondence filed in the USPTO relating to a trademark application should be identified at the beginning by a heading or caption and by the serial number of the application, the name of the applicant, and the mark.  37 C.F.R. §2.194(b)(1).  Cover letters should identify the material that they accompany.

To expedite processing, incoming paper documents should include the following:

  • (1) Application serial number;
  • (2) Mark;
  • (3) A title indicating the type of document being filed (e.g., a response to an Office action);
  • (4) The name, mailing address (including ZIP code), and telephone number of the applicant or the applicant’s attorney; and
  • (5) The applicant’s or attorney’s email address, unless the applicant is a treaty-exempt filer under international agreements.

302.02(b)    Correspondence Pertaining to Trademark Registrations

Documents filed through TEAS or ESTTA are identified according to their type and require a registration or proceeding number in order to relate the filing to a specific registration or proceeding. These documents are automatically entered into the record of the appropriate registration or Board proceeding.

Permitted paper filings. To ensure the timely entry into the official record of any permitted paper filing (see TMEP §301.02), each piece of correspondence relating to a registered trademark should be identified by specifying the registration number, the registrant’s name, and the mark.  37 C.F.R. §2.194(b)(2).

Permitted paper correspondence filed under 15 U.S.C. §§1057, 1058, 1059, and 1141k  should also be directed to the Post Registration Section of the Office.

Permitted paper petitions to cancel a registered mark should be directed to the Board. TMEP §1607. Court orders relating to registered trademarks should be sent to the Office of the Solicitor. TMEP §1610.