TMEP § 301.01
Trademark applicants and registrants must file all trademark submissions electronically using the trademark electronic filing system (see TMEP §301.01(a)) and provide an email address for receiving United States Patent and Trademark Office (USPTO) correspondence, with limited exceptions. See 37 C.F.R. §§2.21, 2.23, 7.4, 7.25.
Limited Exceptions for Paper Submissions.
The requirement to file all trademark correspondence electronically does not apply to:
Unless one of the above exceptions applies, applicants or registrants that file a paper submission will receive a notice from the USPTO indicating that the submission will not be processed and will be destroyed in accordance with the relevant record-retention schedule. If a check or money order was included with the paper submission, it will be returned with the USPTO notice.
Trademark Trial and Appeal Board. The Trademark Trial and Appeal Board’s (Board) electronic filing system comprises the Electronic System for Trademark Trials and Appeals (ESTTA), available at https://estta.uspto.gov/, and TTAB Center, available at https://ttabcenter.uspto.gov/. See 37 C.F.R. §2.126(a). Parties to Board proceedings must use the Board's electronic filing system to file requests for extensions of time to oppose, notices of opposition, petitions to cancel, appeals, motions, briefs, notices of change of address, and other documents. See Trademark Trial and Appeal Board Manual of Procedure (TBMP) §110.01.
Assignments. Requests to record assignments, name changes, and other transfer of ownership of marks in applications and registrations may be filed using Assignment Center at https://assignmentcenter.uspto.gov/ or submitted on paper. See 37 C.F.R. §3.25(c); TMEP Chapter 500.
The USPTO's electronic filing system, comprises the Trademark Electronic Application System (TEAS), available at https://www.uspto.gov/trademarks/apply, and Trademark Center, available at https://trademarkcenter.uspto.gov. Applicants and registrants must use the trademark electronic filing system 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)). The trademark electronic filing system provides situation-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 the trademark electronic filing system, the user must be logged into their USPTO.gov account with two-step authentication and have completed the one-time mandatory identity verification process. Because the user must complete identity verification in advance of a filing deadline, users should plan ahead to allow adequate time to complete the process. Failure to complete the identity verification process prior to a deadline will prevent use of the trademark electronic filing system and could result in the user having to file a petition to revive an abandoned application or a petition to the Director to accept a late filing, if appropriate. See 37 C.F.R. §§2.66, 2.146. Failure to timely file documents with a statutory deadline (e.g., a statement of use after five granted extensions or a Section 8 declaration of use or excusable nonuse) will result in abandonment of the application or cancellation of the registration. The Director has no authority to waive a statutory deadline, even on petition in an extraordinary situation. See 37 C.F.R. §2.148; TMEP §1708.
If the user is unable to complete the identify verification process prior to the filing deadline, they may file a petition to accept a paper submission following the procedures outlined in TMEP §1709.
For more information regarding the requirement to login to a USPTO.gov account, see https://www.uspto.gov/trademarks/login.
For all submissions filed using the trademark electronic filing system, the USPTO generally receives the submission within seconds after it is filed. Upon successful submission, the trademark electronic filing system almost immediately displays a 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. The trademark electronic filing system also separately sends an email acknowledgement of receipt that includes the same information. Filing electronically automatically creates an entry of receipt of this filing in the USPTO’s automated system.
See TMEP §303.01 regarding the filing date for electronic submissions.
The trademark electronic filing system is generally available 24 hours a day, seven days a week. However, the system 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.
Widespread or lengthy system outage. In the event the trademark electronic filing system is unavailable to the general public due to a widespread or lengthy system 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 800-786-9199 or email TEAS@uspto.gov 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 submitted in accordance with such temporary procedures 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 outage of the trademark electronic filing system and the associated fees.
Limited or short-term system outage or user’s system outage. If the trademark electronic filing system 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.