301.01(a) Trademark Electronic Application System (TEAS)

The Trademark Electronic Application System (TEAS) is the United States Patent and Trademark Office’s (USPTO) electronic filing system, which is available at https://teas.uspto.gov . Applicants and registrants must use TEAS to file all forms related to a domestic application or registration, or for filings under the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol), except for initial applications filed under Trademark Act Section 66(a) ( see TMEP §301.02(b) ). TEAS provides a group of specific forms that require direct data entry in designated fields, and/or the attachment of a .jpg or .pdf image file. To file documents using TEAS, the user must be logged into their USPTO.gov account.

For more information regarding the technical requirements for using TEAS, including the requirements for filing attachments to TEAS forms, see https://www.uspto.gov/trademarks-application-process/filing-online/trademark-electronic-application-system-teas-1 .

For more information regarding the requirement to login to a USPTO.gov account, see https://www.uspto.gov/trademark/login .

For information about web browsers that are compatible with TEAS, see https://www.uspto.gov/trademarks-application-process/filing-online/browser-information .

For all TEAS submissions, the USPTO generally receives the submission within seconds after it is filed. TEAS almost immediately displays a “Success” page that confirms receipt. See TMEP §303.02(a) . This page is evidence that the submission was filed should any question arise as to the filing date of the document, and may be printed or copied-and-pasted into an electronic record for storage. Id. From the “Success” page, the filer can click on a link to a PDF receipt that includes a summary of the filed information and general processing information. TEAS also separately sends an e-mail acknowledgement of receipt that includes the same information. Filing electronically through TEAS automatically creates an entry of receipt of this filing in the USPTO’s automated system.

See TMEP §303.01 regarding the filing date for TEAS submissions.

301.01(b) TEAS Availability

The Trademark Electronic Application System (TEAS) is generally available 24 hours a day, seven days a week. TEAS, however, is periodically down for scheduled maintenance and unexpected outages. Users should check the “USPTO Systems Status and Availability” page on the USPTO website for notice regarding such maintenance or outage.

TEAS widespread or lengthy system outage. In the event TEAS is unavailable to the general public due to a widespread or lengthy TEAS outage, the USPTO will continue its practice of issuing a notice on the “USPTO Systems Status and Availability” page, specifying temporary procedures for filing documents with the USPTO. If the USPTO website is inaccessible, the filer should call the Trademark Assistance Center at (571) 272-9250 or e-mail [email protected] for information on the temporary procedures.

If the outage falls on the date of the deadline for the submission, the requirement to file electronically will be waived, and filings via facsimile will be accepted without a petition or petition fee. See TMEP §1709.01(a) for the requirements for submitting a document during a widespread or lengthy TEAS outage and the associated fees.

TEAS limited or short-term system outage or user’s system outage. If TEAS is unavailable due to either a limited or short-term USPTO system outage or a user’s system outage on the date of the deadline for submission of a document, a petition to the Director to accept a paper submission may be submitted. 37 C.F.R. §2.147(a) . See TMEP §1709.01(b) for the requirements for submitting a document during a limited or short-term USPTO system outage or user’s system outage and the associated fees.

See also TMEP §1709 regarding filing petitions to the Director under 37 C.F.R. §2.147 to accept paper filings in general.

301.02(a) Treaty-exempt Filers under International Agreements

The United States is a member of both the Trademark Law Treaty (TLT) and the subsequent Singapore Treaty on the Law of Trademarks (STLT), which constitute two separate international instruments that may be ratified or acceded to independently by member countries. Nationals of TLT members that are not also members of STLT at the time of submission of the relevant document to the USPTO are not required to file trademark submissions electronically, receive communications from the USPTO via e-mail, or submit a petition to accept a paper filing. See 37 C.F.R. §§2.21(c) , 2.23(c) , 7.4(c) .

301.02(b) Specimens for Scent, Flavor, or Similar Non-Traditional Marks

A specimen for certain non-traditional marks, such as scent and flavor marks, cannot be submitted electronically. See 37 C.F.R. §2.56(d)(1) ; TMEP §904.03(m) . For example, if the application is for a scent mark, the examining attorney must be able to smell the actual scent to determine registrability.

To submit a specimen for a scent, flavor, or similar non-traditional mark, the applicant must first submit information about the specimen online using the appropriate TEAS form and then mail in the physical specimen following the guidance in TMEP §305 . The TEAS forms have a checkbox on the “Use Information” page that must be selected to indicate that a specimen for a non-traditional mark will be submitted by mail. In these circumstances, the applicant or registrant is not required to submit a petition requesting acceptance of a specimen filed on paper or waiver of the requirement to file the specimen electronically. See 37 C.F.R. §2.56(d)(1) .

This exception does not apply to sound, motion, and color marks, for which electronically filed specimens are sufficient to determine registrability. Applicants are required to submit specimens for these marks electronically. See TMEP §904.03(f) , (l) .

301.02(c) Petition to Accept a Paper Submission

In certain circumstances, an applicant or registrant may file a petition to the Director under 37 C.F.R. §2.147 to request acceptance of a submission filed on paper. See TMEP §§1709-1709.03 for further information on when such a petition can be filed and the requirements for submitting one.

301.02(d) Postal Service Interruption or Emergency

In the event of a postal-service interruption or emergency related to a natural disaster, the USPTO will continue its prior practice of issuing a notice on the USPTO website that specifies temporary procedures for filing documents with the USPTO. Generally, the USPTO will waive certain requirements of the rules for those in the affected area. The notice can be found on the “USPTO Systems Status and Availability” page of the website. If Internet access is not available, call the Trademark Assistance Center at (571) 272-9250 or e-mail [email protected] for information on the temporary procedures. See TMEP §305.04 about postal service interruptions or emergencies.

301.02(e) Applications Filed under Trademark Action Section 66(a)

Trademark Act Section 66(a) applications are initially filed with the International Bureau of the World Intellectual Property Organization (IB) and subsequently transmitted to the USPTO for examination. However, all subsequent submissions relating to such applications must be filed through TEAS. See 37 C.F.R. §§2.23(a) , 7.25 .

301.02(f) “Grandfathered” Applications and Post-Registration Maintenance Documents

Under the rules mandating electronic filing, the TEAS RF application filing option was renamed TEAS Standard and the TEAS Regular application filing option was eliminated. Applications filed prior to February 15, 2020 that were submitted on paper or using a TEAS Regular application form, which did not require use of TEAS for other application-related submissions, are “grandfathered” under the prior rules, which permit paper submissions, until the application registers or is abandoned and is not eligible to be revived or reinstated pursuant to 37 C.F.R. §2.64 , §2.66 , or §2.146 . If such an applicant or its attorney chooses to use TEAS to submit a document during the pendency of the application, the application loses its grandfathered status. The TEAS form will require the e-mail address of the applicant and its qualified U.S. attorney, if represented, to be provided, and the USPTO will send all future correspondence to the e-mail address of the applicant or its attorney, as appropriate.

Applicants that filed an application prior to February 15, 2020 using the TEAS RF or TEAS Plus application form were already subject to the requirement to correspond electronically with the USPTO at the time of filing. If a TEAS Plus or TEAS RF applicant submits a response to an Office action or other document on paper, the applicant must submit a petition requesting acceptance of the paper filing under 37 C.F.R. §2.146 or §2.147 with the required petition fee, as appropriate. See TMEP §§301.02(e) , 1702 , 1709 . The applicant will not be charged the additional processing fee under prior 37 C.F.R. §2.22(c) or §2.23(c) .

Registrants that filed post-registration maintenance documents on paper prior to February 15, 2020 are grandfathered under the prior rules until the acceptance or final rejection of the filing, unless the registrant or its qualified U.S. attorney, if represented, elects to use TEAS to submit a document during the pendency of the post-registration matter. Any subsequent post-registration filings must be submitted electronically through TEAS.

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 e-mail 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.

303.02(a) TEAS “Success” Page

When a document is filed electronically, the USPTO generally receives it within seconds after it has been submitted.  TEAS almost immediately displays a “Success” page that confirms receipt.  This page may be printed or copied-and-pasted into an electronic record for storage, and used as evidence of filing should any question arise as to the filing date of the document. See TMEP §303.01 regarding the filing date for a TEAS submission.

303.02(b) Permitted Paper Filings: USPTO “Mail Room Date” Label Showing Receipt

The USPTO places a label indicating the date of receipt on every application, part of an application, amendment, letter, or other permitted paper filing ( see TMEP §301.02 ).  The label is referred to as the “Mail Room Date” label, and it establishes the date of receipt (i.e., the filing date) of the paper-filed document.  The documents are then scanned and added to the relevant application or registration record, and the prosecution history is updated accordingly.

303.02(c) Permitted Paper Filings: Filer-provided Postcard Receipt

For documents permitted to be filed on paper( see TMEP §301.02 ), a party may obtain a receipt by enclosing a self-addressed, stamped postcard identifying the document.  The USPTO will place a label indicating the receipt date on the card and return it to the party who filed the document.

The identifying data on the postcard should be complete and specific.  The nature of the document being filed on paper (e.g., application, affidavit, amendment, appeal, petition); the name of the applicant or registrant; the mark; the application filing date or registration date; and the application serial number, registration number, or proceeding number should be included if available.  Each specific element of the filing should be listed on the postcard (e.g., written application, drawing page, fee, specimen) so that the postcard can be used as evidence that the element was submitted if the element is lost or disassociated from the record.

The party submitting the postcard is responsible for placing proper postage on the self-addressed postcard, and for ensuring that the proper mailing address appears on the postcard.

305.02(a) When Certificate of Mailing Procedure May Be Used

The certificate of mailing procedure may be used for any trademark correspondence that may be filed on paper. See TMEP §301.02 regarding the limited exceptions when paper submissions may be submitted.

305.02(b) Mailing Requirements

The correspondence must be properly addressed (see TMEP §305.01 for mailing addresses), and must be deposited with the U.S. Postal Service (USPS) with sufficient postage as first-class mail. 37 C.F.R. §2.197(a)(1) .

Since first-class mail services of the USPS are not available in foreign countries, the certificate of mailing procedure may not be used for sending mail to the USPTO from a foreign country.

305.02(c) Location and Form of Certificate

The certificate of mailing must provide the following for each piece of correspondence submitted:

• (1) attest to the mailing and the address used;
• (2) include the name of the document and the application serial or registration number or USPTO reference number, if assigned, to which the document pertains;
• (3) be signed separately from any signature for the correspondence;
• (4) be signed by a person who has a reasonable basis to expect the correspondence would be mailed on the date indicated; and
• (5) state the date of deposit in the mail with the USPS, which must be a date within the set filing period (this includes the last day of the period, or the succeeding day that is not a Saturday, Sunday, or Federal holiday within the District of Columbia when the last day of the period falls on a Saturday, Sunday, or Federal holiday within the District of Columbia).

37 C.F.R. §2.197(a)(2) .

The best location for the certificate of mailing is at the beginning of the correspondence to which it pertains, typed in its entirety. The certificate of mailing should be separated from contents of the correspondence that are on the same page.  Several blank lines between the contents and the certificate will suffice.

If the certificate of mailing does not fit on the correspondence to which it pertains, the certificate may be placed on a separate sheet of paper that is attached securely to the correspondence. The separate sheet may be a cover letter, with the certificate placed at the bottom of the letter and signed separately from the letter. If there is any doubt concerning the correspondence to which a certificate of mailing on a separate sheet relates, the USPTO will not accept the certificate.

When correspondence for more than one application or registration is mailed in a single envelope, each item of correspondence must have its own certificate of mailing. Similarly, when more than one type of correspondence is submitted in connection with the same application, each item of correspondence must have its own certificate of mailing.

It is suggested that the certificate be signed by the applicant, registrant, or the party involved in the proceeding, or by the attorney for such person.  If someone else signs, it should be a responsible person in a position to know that the mail will be deposited on the date specified. See 37 C.F.R. §2.197(a)(2)(iii) .

The USPTO accepts the date of deposit stated in the certificate of mailing on the basis of the statement of personal knowledge.  The USPTO does not normally inspect the postmark on the envelope.

305.02(d) Wording of Certificate of Mailing

The following wording is suggested for a certificate of mailing for a paper trademark document. See TMEP §305.01 regarding the mailing address for this type of document and others.

305.02(e) Effect of Certificate of Mailing

The filing date assigned to paper correspondence submitted with a certificate of mailing is the date of its deposit with the USPS when filed pursuant to the requirements of 37 C.F.R. §2.197 . 37 C.F.R. §2.195(b)(2) . If the certificate of mailing does not meet the requirements of 37 C.F.R. §2.197(a)(2) , the filing date is the date the USPTO receives the submission. 37 C.F.R. §2.197(c) .

See TMEP §§206–206.04 regarding changes in the effective filing date of an application.

The USPTO does not retain the envelopes in which material is received or record the date of the postmark.

305.02(f) Correspondence Mailed Pursuant to 37 C.F.R. §2.197 but Not Received by USPTO

If permitted paper correspondence ( see TMEP §301.01 ) mailed with a certificate of mailing is not received by the USPTO, the party who mailed the correspondence may file a petition to the Director under 37 C.F.R. §2.146(a)(2) to consider the correspondence filed in the USPTO on the date of deposit with the USPS.

The petition must:

• (1) Be filed within two months after the date of mailing;
• (2) Include a copy of the previously mailed correspondence and certificate of mailing; and
• (3) Include a verified statement attesting to the facts of the original mailing.

37 C.F.R. §2.197(b) . See TMEP §§1702–1708 regarding petitions under 37 C.F.R. §2.146 .

The two-month time period for notifying the USPTO begins to run from the date that the party who filed the correspondence became aware that the USPTO has no evidence of receipt of the correspondence, unless the USPTO has issued a written action, such as a notice of abandonment or cancellation. In such situations, the issue date of the USPTO written action will serve as the starting point for measuring timeliness. See 37 C.F.R. §§2.146(d) , 2.197(b)(1) ; TMEP §1705.04 .

305.02(g) Correspondence Deposited as First-class Mail Pursuant to 37 C.F.R. §2.197 and Returned by the U.S. Postal Service

Correspondence must be deposited with the USPS as first-class mail in compliance with any and all applicable requirements of the USPS to be considered “[d]eposited with the USPS,” within the meaning of 37 C.F.R. §2.197(a)(1) .  Therefore, correspondence returned by the USPS as not mailed in compliance with USPS requirements, including concerning mail weighing more than the USPS maximum permissible weight, is not entitled to any benefit under 37 C.F.R. §2.197 .

305.02(h) Certificate of Mailing Requirements Strictly Enforced

The requirements of 37 C.F.R. §2.197 are strictly enforced, and the USPTO denies petitions to consider a document timely filed as of the date on the certificate if a party fails to comply with these requirements.

A party’s inadvertent failure to comply with the requirements of a rule is not considered an extraordinary situation that would warrant waiver of a rule on petition under 37 C.F.R. §2.146(a)(5) or 37 C.F.R. §2.148 .  See Honigsbaum v. Lehman, 903 F. Supp. 8, 37 USPQ2d 1799 (D.D.C. 1995) (finding Commissioner did not abuse discretion in refusing to waive requirements of 37 C.F.R. §1.10(c) and grant filing date to patent application, where applicant failed to produce “Express Mail” customer receipt or any other evidence that application was actually deposited with USPS as “Express Mail”), aff’d mem. , 95 F.3d 1166 (Fed. Cir. 1996); In re Sasson Licensing Corp. , 35 USPQ2d 1510, 1512 (Comm’r Pats. 1995) (noting that failure to retain an executed hard copy of documents filed with the USPTO is not an extraordinary circumstance that would justify waiver of 37 C.F.R. §1.8); Gustafson v. Strange, 227 USPQ 174 (Comm’r Pats. 1985) (finding counsel’s unawareness of the provisions of 37 C.F.R. §1.8 is not an extraordinary situation warranting waiver of the rule); In re Chicago Historical Antique Auto. Museum, Inc. , 197 USPQ 289 (Comm’r Pats. 1978) (finding lateness caused by mailing documents on the last day of the filing period is not an extraordinary situation justifying waiver of the rules, because certificate of mailing procedure under 37 C.F.R. §1.8 was available to petitioner).

305.03(a) Filing Date When Priority Mail Express® Is Used

For permitted paper filings ( see TMEP §301.02 ), Trademark Rule 2.198 provides a procedure for obtaining a filing date as of the date that correspondence is deposited as Priority Mail Express® with the USPS, as shown by the “date accepted” on the Priority Mail Express® label or other official USPS notation. 37 C.F.R. §2.198(a) .

If the USPS deposit date cannot be determined, the filing date is the date the USPTO receives the submission. 37 C.F.R. §2.198(b) .

305.03(b) Discrepancy between Filing Date and “Date Accepted”

If there is a discrepancy between the filing date given by the USPTO to the correspondence and the “date accepted,” the party who submitted the correspondence may file a petition to the Director under 37 C.F.R §2.146(a)(2) to have the correspondence be given a filing date as of the “date accepted.” 37 C.F.R. §2.198(c) .

The petition must:

• (1) Be filed within two months after the date of deposit;
• (2) Include a true copy of the Priority Mail Express® mailing label showing the “date accepted” and any other official notation by the USPS relied upon to show the date of deposit; and
• (3) Include a verified statement attesting to the facts of the original mailing.

37 C.F.R. §2.198(c)(1)-(3) .

305.03(c) Incorrectly Entered “Date Accepted”

If the party who submitted the correspondence can show that the “date accepted” was incorrectly entered or omitted by the USPS, the party may file a petition to the Director under 37 C.F.R. § 2.146(a)(2) to have the correspondence be given a filing date as of the date the correspondence is shown to have been deposited with the USPS. 37 C.F.R. §2.198(d) .

The petition must:

• (1) Be filed within two months after the date of deposit;
• (2) Include proof that the correspondence was deposited in the Priority Mail Express® Post Office to Addressee service prior to the last scheduled pickup on the requested filing date. Such proof must be corroborated by evidence from the USPS or evidence that came into being within one business day after the date of deposit; and
• (3) Include a verified statement attesting to the facts of the original mailing.

37 C.F.R. §2.198(d)(1)-(3) .

305.03(d) Correspondence Not Received by the USPTO

If correspondence is properly addressed to the USPTO pursuant to 37 C.F.R. §2.190 (see TMEP §305.01 ) and deposited with sufficient postage in the Priority Mail Express® Post Office to Addressee service of the USPS, but not received by the USPTO, the party who submitted the correspondence may file a petition to the Director under 37 C.F.R. §2.146(a)(2) to consider the correspondence filed in the USPTO on the USPS deposit date. 37 C.F.R. §2.146(e) .

The petition must:

• (1) Be filed within two months after the date of deposit;
• (2) Include a copy of the previously mailed correspondence showing the number of the Priority Mail Express® mailing label thereon; and
• (3) Include a verified statement attesting to the facts of the original mailing.

37 C.F.R. §2.198(e)(1)-(3) .

305.03(e) Certificate of Mailing under 37 C.F.R. §2.197 for Documents Sent by Priority Mail Express®

The certificate of mailing procedure of 37 C.F.R. §2.197 may be used for documents sent by Priority Mail Express® as well as documents sent by first-class mail.  Correspondence sent by Priority Mail Express® is deemed to meet the requirements of 37 C.F.R. §2.197(a)(1) for postage as first-class mail, because the postage for Priority Mail Express® exceeds the postage required for first-class mail.  However, to use the certificate of mailing procedure for documents mailed by Priority Mail Express®, the filer must place a certificate meeting the requirements of 37 C.F.R. §2.197(a)(2) on the document prior to mailing.  See TMEP §§305.02–305.02(h) for further information about the certificate of mailing procedure.

The following wording is suggested for a certificate of mailing for a paper trademark document when correspondence is sent by Priority Mail Express®. See TMEP §305.01 regarding mailing address for this type of document and others.

When correspondence to which 37 C.F.R. §2.198(a) applies is placed in a Priority Mail Express® drop box after the box has been cleared for the last time on a given day, it is considered to have been deposited as of the date of receipt indicated on the Priority Mail Express® mailing label by the USPS employee. See Communications with the Patent and Trademark Office, 61 Fed. Reg. 56,439, 56,445 (Nov. 1, 1996).