601.01(c)(iv) Reviewing "No Fixed Physical Address" Explanation

An otherwise unacceptable type of domicile address may not be accepted based on a detailed explanation that the applicant or registrant has "no fixed physical address." Such an explanation is not considered sufficient to satisfy the requirement for an acceptable domicile address. Because the applicant or registrant is essentially requesting a waiver of the domicile address rule, the appropriate mechanism for considering these explanations/arguments is a petition to the Director. See TMEP §1708.01 regarding petitions to the Director to waive the domicile address requirement.

"No fixed physical address" explanation in the initial application or maintenance filing. If the applicant or registrant provides an unacceptable type of domicile address and asserts it has "no fixed physical address" in the initial application or maintenance filing, a requirement for an acceptable domicile address must be issued. However, the "Domicile Address" field in the electronic forms allows a juristic applicant or registrant to provide the name, title, and domicile address of an individual with legal authority to bind the applicant or registrant when the entity itself has no fixed physical address. Therefore, if the address provided in this field is an acceptable domicile address type for an individual, the examining attorney or post-registration examiner will not issue a requirement for an acceptable domicile address.

"No fixed physical address" explanation in applications not yet approved for publication or maintenance filings not yet accepted and/or acknowledged as of August 30, 2023. If an applicant or registrant provides, or has provided, a statement that it has "no fixed physical address," and the application has not been approved for publication or the maintenance filing has not been accepted and/or acknowledged as of August 30, 2023, the explanation cannot be accepted and the requirement for a domicile address must be maintained and/or made final, as appropriate, in accordance with the following guidance:

If the applicant or registrant was advised in the most recent Office action that it could provide a detailed explanation and the applicant or registrant does not respond to the domicile address requirement, the domicile address requirement must be made final if the application is otherwise in condition for final action. After registration, the examiner must issue a subsequent action maintaining the domicile address requirement and advising the registrant of the option to petition the Director if the maintenance filing is otherwise in condition for an action providing the petition option. If the applicant or registrant subsequently provides a "no fixed physical address" explanation in a response, the examining attorney or post-registration examiner must proceed as provided below.
If the applicant or registrant was advised in the most recent Office action that it could provide a detailed explanation and the applicant or registrant responds by providing a detailed explanation, the examining attorney or post-registration examiner must maintain the domicile address requirement in a new nonfinal action, explain that the detailed explanation does not satisfy the requirement, and inform the applicant or registrant of the response options set forth in TMEP §601.01(c)(iv)(A).
After the applicant or registrant has been advised of the updated response options, if the applicant or registrant continues to respond only by submitting arguments, the domicile address requirement must be made final if the application is otherwise in condition for final action. After registration, the examiner must issue a subsequent action maintaining the domicile address requirement and advising the registrant of the option to petition the Director if the maintenance filing is otherwise in condition for an action providing the petition option.

"No fixed physical address" explanation in approved applications or accepted and/or acknowledged maintenance filings before August 30, 2023. It is not necessary to withdraw the application from publication if an application with a detailed explanation that the applicant has "no fixed physical address" was approved for publication before August 30, 2023. Similarly, it is not necessary to rescind an acceptance and/or acknowledgement of a maintenance filing with a detailed explanation that the registrant has "no fixed physical address" made before August 30, 2023. Additionally, if the application is withdrawn from publication for another reason, or the acceptance and/or acknowledgment of a maintenance filing is rescinded for another reason, examining attorneys and post-registration examiners are not required to raise a new domicile address requirement when a "no fixed physical address" explanation was previously accepted.

Companion applications not yet approved for publication or companion maintenance filings not yet accepted and/or acknowledged that contain an unacceptable domicile address, with or without an explanation, cannot be accepted merely because the same address was accepted in approved or published companion applications or accepted and/or acknowledged companion maintenance filings.

601.01(c)(iv)(A) Response Options for Applicants or Registrants with "No Fixed Physical Address"

An applicant or registrant who asserts it has "no fixed physical address" is limited to the response options set forth below.

Individual applicant or registrant. An individual who has claimed not to have a permanent legal place of residence because they have "no fixed physical address" may satisfy the domicile address requirement by providing an acceptable domicile address in the "Domicile Address" field of a response form, such as when an applicant or registrant has subsequently obtained a permanent legal place of residence at a fixed physical address.

Juristic applicant or registrant. A juristic applicant or registrant that has claimed it has no fixed physical address may satisfy the domicile address requirement by providing: (1) a new acceptable domicile address such as when an applicant or registrant has subsequently obtained a fixed physical address that is the applicant’s or registrant’s principal place of business; or (2) the full name, title, and acceptable domicile address of a person with legal authority to bind the juristic applicant or registrant (e.g., one of the officers, if a corporation, or one of the partners, if a partnership) if the applicant or registrant does not have a fixed physical address for its principal place of business. The name, title, and domicile address may be included in the "Domicile Address" field to keep it hidden from public view. Alternatively, the applicant or registrant may provide the name, title, and address in the body of the response or the name and title in the response and the individual’s address in the "Domicile Address" field. Only information in the "Domicile Address" field is masked. See TMEP §601.01(e). The examining attorney or post-registration examiner may presume that the person identified directs and controls the entity’s activities if the person’s title indicates they have legal authority to bind the juristic applicant or registrant. See TMEP §611.06-06(h) for more information about persons who have legal authority to bind various types of entities.

Option to file a petition to waive the domicile address requirement. Alternatively, the applicant or registrant may file a petition to the Director to waive the domicile address requirement based on an extraordinary situation. See TMEP §1708.01. However, filing a petition to waive the requirement is not considered a response to an Office action. The applicant must still file a response to avoid abandonment of the application. See 37 C.F.R §2.146(g); TMEP §1705.06.

See TMEP §601.01(c)(v) regarding checking the record for a petition to the Director to waive the domicile address requirement and §716.02(l) for circumstances when action may be suspended by an examining attorney pending a decision on a petition to the Director to waive the domicile address requirement.

601.01(c)(iv)(B) Reviewing the Name, Title, and Domicile Address of an Individual with Legal Authority to Bind the Juristic Entity

If a juristic applicant or registrant provides the name, title, and domicile address of an appropriate individual who has legal authority to bind the applicant or registrant, the new address must be searched to determine acceptability in accordance with the procedures set forth in TMEP §601.01(c)(ii).

However, if a juristic applicant indicates the new domicile address provided is that of an individual, but does not provide a full name and/or title, or provides a title that does not clearly indicate the individual has legal authority to bind the applicant (e.g., manager for a corporate entity), the domicile address requirement must be maintained, or made final if the application is otherwise in condition for final action, as appropriate. Similarly, if a juristic registrant indicates the new domicile address provided is that of an individual, but does not provide a full name and/or title, or provides a title that does not clearly indicate the individual has legal authority to bind the registrant, the domicile address requirement must be maintained in a subsequent post-registration action providing the petition option, if the maintenance filing is otherwise in condition for an action providing the petition option.

In all cases, the examining attorney or post-registration examiner must also raise any other issues resulting from the new domicile address (e.g., if the applicant or registrant provides a foreign domicile address for the individual, then the applicant or registrant must be represented by a qualified U.S. attorney (see TMEP §601.01(a))).

Protecting hidden or masked information. If an Office action is issued that questions the validity of the domicile address or the name and title of an individual named by the applicant or registrant, and the applicant or registrant provided this information in the hidden "Domicile Address" field, the examining attorney or post-registration examiner must not list the address or name in the Office action. The examining attorney or post-registration examiner may, however, reference the title if the title provided indicates the individual does not have legal authority to bind the applicant or registrant. If evidence is being attached to the Office action to support an inquiry, an examining attorney may attach evidence that identifies the address if necessary. Applicant may then later petition the USPTO to have that information redacted.