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.