Envelopes addressed to these boxes should not include documents other than those designated for the particular box specified on the envelope, because procedures are in effect to ensure proper handling of the particular types of documents for which these boxes are designated. Other documents which are inadvertently included may be delayed in processing.

Packages or envelopes sent by courier or delivery service should be delivered to the Patent and Trademark Office Mail Room at the following address:

Crystal Plaza Building 2, Room 1A01
2011 Jefferson Davis Highway
Arlington, VA 22202

To ensure that documents receive appropriate and timely processing, mail or packages should not be sent or delivered to the South Tower Building. See notice at 1136 TMOG 22 (March 10, 1992).

Papers may be filed directly with the Patent and Trademark Office at the Attorneys' Window located in Room 1B03 of Crystal Plaza Building 2, in Arlington, Virginia. The hours of operation for the Office, including the Mail Room, are from 8:30 a.m. to 5:00 p.m., Monday through Friday, except federal holidays within the District of Columbia. As of April 21, 1992, the hours of operation for the Attorneys' Window were extended, on a trial basis, until 12:00 midnight on Monday through Friday, except holidays. If, after six months from that date, usage does not warrant retaining operations until midnight, the hours of operation will be reduced.

The Attorneys' Window provides walk-up, personalized service to firms and individuals who are filing documents with the Patent and Trademark Office. The Office will stamp postcard-type receipts to acknowledge the receipt of papers filed at the Attorneys' Window.

Effective April 21, 1992, the Patent and Trademark Office discontinued the use of drop boxes in the lobby of Crystal Plaza Building 3, Arlington, Virginia, and at the main entrance of the Department of Commerce Building, Washington, D.C., as a means of receiving papers. See notice at 1137 TMOG 7 (April 7, 1992).

When the Office experiences difficulty in matching incoming papers with the application file to which they pertain, there is usually an error in the serial number or no serial number specified, or the nature of the paper has not been identified clearly. See 37 C.F.R. §1.5(c).

To ensure the timely matching of papers with files, all incoming papers pertaining to a filed application should include, in addition to the applicant's name and address (including ZIP code), the following identifying data:

(1) Serial number

(2) Filing date

(3) Mark

(4) A title indicating the nature of the paper (5) Law office (from the most recent Office action) (6) Name of examining attorney on the most recent Office action

(7) The mailing date of the Office action to which the paper is in response

(8) The notation "Box 5" if the incoming paper does not contain a fee payment

(9) The telephone number of the applicant or the applicant's attorney.

If a party files an additional paper within 60 days of filing a preceding paper, this fact should be pointed out when filing the additional paper. This may assist the Office in locating the file if the preceding paper has not been completely processed when the additional paper is received.

The Office of Finance handles fees, charges and all other monetary matters. Trademark personnel must route papers which are accompanied by a fee or charge to that office.

Trademark papers which are not accompanied by fees or by authorization to charge a deposit account may be filed by hand in the Trademark Docket Section of the appropriate law office, with the Office of Trademark Services mail reader or in the Incoming-Mail Section of the Mail and Correspondence Division. However, to avoid confusion concerning money matters, when papers which are accompanied by fees or by authorization to charge a deposit account are filed by hand, they should be delivered only to the window in the Incoming-Mail Section of the Mail and Correspondence Division where personnel can immediately refer the money or the charge to the cashier. Trademark examining attorneys should not be requested to receive papers for filing (either with or without fees), since there is no mechanism in the law office to handle "exception" processing of such documents. If a receipt is desired from the Trademark Docket Section of the appropriate law office, it may take the form of a duplicate copy of the paper or of a card identifying the paper and the application. The receipt will be date-stamped at the same time as the paper and handed back to the person delivering the paper. If a receipt is desired from the Incoming-Mail Section, a card should be used. The card will be date-stamped and handed back to the person delivering the paper.

When a card is used for receipt, it should contain sufficient information to identify the paper and the application clearly, such as the applicant's name, the serial number and filing date of the application, the mark, and the title or a description of the paper being filed.

In the discretion of the Assistant Commissioner for Trademarks, or of the Director of the Trademark Examining Groups, or of the Trademark Trial and Appeal

present regarding the date of mailing. If more than a reasonable time has elapsed between the certificate date and the Patent and Trademark Office receipt date or if other questions regarding the date of mailing are present, the person mailing the paper or fee may be required to file a copy of the "Express Mail" receipt showing the actual date of mailing and a statement from the person who mailed the paper or fee averring to the fact that the mailing occurred on the date certified. Such statement must be a verified statement if made by a person not registered to practice before the Patent and Trademark Office.

Rule 1.10, 37 C.F.R. §1.10, which is applicable to trademark cases pursuant to 37 C.F.R. §2.1, provides a procedure for assigning the date on which any paper or fee is deposited as "Express Mail" with the United States Postal Service as the filing date of the paper or fee in the Patent and Trademark Office. This arrangement provides for the delivery of "Express Mail" to a Patent and Trademark Office employee in Washington, D.C., thus guaranteeing delivery in the same manner as "Express Mail" is delivered to any addressee in the city of Washington. For the requirements for filing by "Express Mail," see 37 C.F.R. §1.10(a) and (b); TMEP §§702.02(a) and 702.02(b).

702.02(a) "Express Mail Post Office

Addressee" Service

There are two types of "Express Mail" service offered by the U.S. Postal Service -- "Post Office to Addressee" and "Post Office to Post Office." The only type of service which can be used for "Express Mail" directed to the Patent and Trademark Office is "Post Office to Addressee." See 37 C.F.R. §1.10(a). This service provides for delivery to one of the employees in the Department of Commerce Building, Washington, D.C. The only address that should be used for "Express Mail" sent to the Patent and Trademark Office "Commissioner of Patents and Trademarks, Washington, D.C. 20231."

is

"Express Mail Post Office to Post Office" service does not provide for delivery. Instead, the mail is retained at the postal facility of the addressee for pickup. If not picked up, this mail is held for 15 days and then returned to the sender. Since the Patent and Trademark Office does not have resources for picking up any mail, mail deposited as "Express Mail" for "Post Office to Post Office" service will not reach the Patent and Trademark Office.

702.02(b) Requirements for Filing by "Express Mail"

For filing by "Express Mail" pursuant to 37 C.F.R. §1.10, the "Express Mail Post Office to Addressee" service must be used. See 37 C.F.R. §1.10(a); TMEP §702.02(a). "Express Mail Post Office to Addressee" service provides for the use of a mailing label on which the Post Office clearly indicates the date on which the mail was deposited. Rule 1.10(b), 37 C.F.R. §1.10(b), requires that each paper or fee filed by "Express Mail" (1) must have the number of the "Express Mail" mailing label placed on it prior to mailing, (2) must be addressed to the Commissioner of Patents and Trademarks, Washington, D.C. 20231, and (3) must include a certificate of mailing by "Express Mail," stating the date of mailing by "Express Mail" and signed by the person mailing the paper or fee.

702.02(c) Location of "Express Mail" Mailing Label Number and Certificate

The requirement that each paper or fee include the number of the "Express Mail" mailing label and the certificate of mailing by "Express Mail" is necessary so that the Patent and Trademark Office can verify the date on which each paper or fee was filed if questions regarding that date arise. The number and certificate must be placed on each separate paper and each fee transmitted, either directly on the document or by a separate paper firmly and securely attached to the document. It is not necessary to place the number and certificate on each page of a particular paper or fee transmittal. Merely placing the number and certificate in one prominent location on each separate paper or fee transmittal will be sufficient.

702.02(d) Wording of Certificate

The following wording is suggested for the certificate of mailing by "Express Mail."

CERTIFICATE OF MAILING BY "EXPRESS MAIL"

"Express Mail" mailing label number_

I hereby certify that this correspondence is addressed to the Commissioner of Patents and Trademarks, Washington, D.C. 20231, and is being deposited with the United States Postal Service "Express Mail Post Office to Addressee" service on

(Date)

(Printed or typed name of the person mailing the paper or fee)

(Signature of the person mailing the paper or fee)

(Date of signature)

The certificate of mailing by "Express Mail" must (1) state the date of deposit with the United States Postal Service "Express Mail Post Office to Addressee" service, which must be a date within the set period (which includes the last day of the period, or the succeeding day which is not a Saturday, Sunday or a holiday when the last day of the period falls on a Saturday, Sunday or a holiday in the District of Columbia), and (2) be signed by the person who mails the paper or fee. (The signature of the certificate must be separate from any signature for the paper being deposited.)

702.02(e) Filing Date

As provided in 37 C.F.R. §1.10(c), the Office will accord the paper or fee deposited as "Express Mail" a filing date of the day of deposit, without further proof, unless a question is present regarding the date of mailing. If more than a reasonable time has elapsed between the certificate date and the Patent and Trademark Office receipt date, or if other questions regarding the date of mailing are present, further proof of timely filing may have to be submitted. In such a case, §1.10(c) provides that the person mailing the paper or fee may be required to file (1) a copy of the "Express Mail" receipt showing the actual date of mailing and (2) a statement from the person who mailed the paper or fee averring to the fact that the mailing occurred on the date certified. Such statement must be verified (by oath or declaration) unless made by a person registered to practice before the Patent and Trademark Office.

When a paper or package is placed in an "Express Mail" box receptacle after the box has been cleared for the last time on a given day, it will be considered to be deposited as of the date of receipt indicated on the "Express Mail" mailing label by the Postal Service Clerk. 48 Fed. Reg. 2696, 2702 (1983).

702.02(f) When "Express Mail" Procedure May Be Used

The "Express Mail" procedure provided for in 37 C.F.R. §1.10 is available for submission of all papers to the Office. In addition to the "Express Mail" procedure, the certificate-of-mailing procedure of 37 C.F.R. §1.8 is available for specified submissions.

702.03 Certificate-of-Mailing Procedure
37 CFR §1.8. Certificate of mailing.

(a) Except in the cases enumerated below, papers and fees required to be filed in the Patent and Trademark Office within a set period of time will be considered as being timely filed if:

(1) They are addressed to the Commissioner of Patents and Trademarks, Washington, D.C. 20231, and deposited with the U.S. Postal Service with sufficient postage as first class mail prior to expiration of the set period; and

(2) They also include a certificate for each paper or fee stating the date of deposit. The person signing the certificate should have reasonable basis to expect that the correspondence would be mailed on or before the date indicated. The actual date of receipt of the paper or fee will be used for all other purposes. This procedure does not apply to the following:

(i) The filing of a national patent application specification and drawing or other papers for the purpose of obtaining an application filing date;

(ii) The filing of trademark applications;

(iii) The filing of agreements between parties to an interference under 35 U.S.C. 135(c);

(iv) The filing of an affidavit showing that a mark is still in use or containing an excuse for nonuse under section 8(a) or (b) or section 12(c) of the Trademark Act, 15 U.S.C. 1058(a), 1058(b), 1062(c);

(v) The filing of an application for renewal of a mark registration under section 9 of the Trademark Act, 15 U.S.C. 1059;

(vi) The filing of a petition to cancel a registration of a mark under section 14(a) or (b) of the Trademark Act, 15 U.S.C. 1064(a), 1064(b);

(vii) The filing of an affidavit under section 15, subsection (3) of the Trademark Act, 15 U.S.C. 1065;

(viii) The filing of a notice of election to proceed by civil action in an inter partes proceeding under 35 U.S.C. 141 or

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section 21(a)(1) of the Trademark Act, 15 U.S.C. 1071(a)(1), in response to another party's appeal to the Court of Appeals for the Federal Circuit;

(ix) The filing of a notice and reasons of appeal under 35 U.S.C. 142 or a notice of appeal under section 21(a)(2) of the Trademark Act, 15 U.S.C. 1071(a)(2);

(x) The filing of a statement under 42 U.S.C. 2182 or 42 U.S.C. 2457(c);

(xi) The filing of international applications for patent and all papers and fees relating thereto;

(xii) The filing of a paper in an interference which an examiner-in-chief orders to be filed by hand or "Express Mail;" and

(xiii) Papers filed in connection with a disciplinary proceeding under Part 10 of this subchapter.

(xiv) In an application under section 1(b) of the Trademark Act (15 U.S.C. 1051(b)), the filing of a statement of use under $2.88 (15 U.S.C. 1051(d)).

(xv) In an application under section 1(b) of the Trademark Act (15 U.S.C. 1051(b)), the filing of a request, under $2.89 (15 U.S.C. 1051(d)), for an extension of time to file a statement of use under $2.88 (15 U.S.C. 1051(d)).

(xvi) In an application under section 1(b) of the Trademark Act (15 U.S.C. 1051(b)), the filing of an amendment to allege use in commerce under $2.76 (15 U.S.C. 1051(c)).

(b) In the event that correspondence or fees are timely filed in accordance with paragraph (a) of this section, but not received in the Patent and Trademark Office, and the application is held to be abandoned or the proceeding dismissed, terminated, or decided with prejudice, the correspondence or fee will be considered timely if the party who forwarded such correspondence or fee (1) informs the Office of the previous mailing of the correspondence or fee promptly after becoming aware of the Office action, (2) supplies an additional copy of the previously mailed correspondence or fee and certificate, and (3) includes a declaration under §1.68 or $2.20 which attests on a personal knowledge basis or to the satisfaction of the Commissioner to the previous timely mailing.

As an alternative to both the "Express Mail" procedure (see TMEP $702.02) and regular mail, the Patent and Trademark Office has established a "certificate of mailing" procedure to reduce the number of papers and fees received late because of mail delay. Rule 1.8, 37 C.F.R. §1.8, which is applicable to trademark cases pursuant to 37 C.F.R. §2.1, provides for the certificate-of-mailing procedure. This procedure may be used for actions which

are required to be filed within a set period of time, except for certain actions which the rule specifically excludes. See 37 C.F.R. §1.8(a)(2). Under the certificate-of-mailing procedure, correspondence (ie., papers and/or fees) will be considered to be timely filed even though received after the end of a set period, if deposited in the United States Postal Service prior to the expiration of the set period and accompanied by an appropriate certificate as to the deposit. See In re LS Bedding, 16 USPQ2d 1451, 1453 (Comm'r Pats. 1990) ("Under the clear terms of Rule 1.8, the date set forth in a Certificate of Mailing may only be used to determine the timeliness of a filing due within a given period of time, while the actual date of receipt is used for other purposes.").

(Note: The phrase "prior to the expiration of the set period" includes the last day of the period, and also includes the next succeeding day which is not a Saturday, Sunday or a federal holiday when the expiration day falls on Saturday, Sunday or a federal holiday in the District of Columbia (see 37 C.F.R. $1.7 and TMEP $1109.02).)

Use of one of the procedures provided for in 37 C.F.R. §§1.8 and 1.10 for avoiding lateness due to mail delay is advisable whenever there is any possibility that delay in the mail may cause late receipt in the Office. Failure to use one of the methods, as appropriate, may prevent such delay being regarded as an extraordinary situation which might otherwise be excused upon petition to the Commissioner. See Chapter 1700 and In re Chicago Historical Antique Automobile Museum, Inc., 197 USPQ 289 (Comm'r Pats. 1978).

(Note: For procedure as to the acceptance of late fees for oppositions and $8 affidavits (declarations), without petition to the Commissioner, see TMEP §§1503.05 and 1603.04.)

702.03(a) When

Certificate-of-Mailing Procedure May Be Used

While the most common use of the certificate of mailing in trademark matters is with responses to Office actions in applications, the certificate may also be used for oppositions and opposition fees, for requests to extend the time for opposing, for ex parte appeals to the Trademark Trial and Appeal Board, and for fees for ex parte appeals.

The certificate of mailing may not be used for filing applications to register; for filing amendments to allege use, statements of use or requests for extensions of time to file statements of use; for filing affidavits or declarations under §§8, 12(c) or 15 of the Trademark Act, applications to renew registrations or petitions to cancel registrations; or for papers filed outside the Patent and Trademark Office.