If the trademark electronic filing system is unavailable, users should check the "USPTO Systems Status and Availability" page on the USPTO website to see if the USPTO has issued a notice regarding an outage. See TMEP §301.01(b) for more information regarding trademark electronic filing system availability.

In the event the trademark electronic filing system is unavailable to the general public due to a widespread or lengthy USPTO 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 a 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.

Documents submitted via facsimile when not expressly authorized by posted USPTO notice or at the written direction of USPTO staff will not be accorded a date of receipt. See 37 C.F.R. §2.195; see also TMEP §301.01(b) for more information regarding trademark electronic filing system availability.

Submission requirements during widespread or lengthy USPTO system outage. The submission must include a statement verified with a declaration under 37 C.F.R. §2.20 explaining the problem encountered when attempting to file via the trademark electronic filing system; proof that the trademark electronic filing system was unavailable (e.g., a screenshot of the trademark electronic filing system error message); a copy of the document the filer is attempting to submit; and any required fees. Information about the submission requirements may be found on the "Filing trademark documents when unable to file electronically " webpage.

If the document that is due requires a fee, the filer must submit the fee in accordance with the posted USPTO notice or at the written direction of USPTO staff. The amount of the fee required in such circumstances is the same as the fee for submitting the document via the trademark electronic filing system, not the fee for filing documents on paper.

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). This petition option is not available to filers who attempt to use the trademark electronic filing system during a regularly scheduled system maintenance event, when it is not the day of a deadline, or when the failure to file the relevant submission through the trademark electronic filing system was because of user error.

Because filers would not have access to the petition form in the trademark electronic filing system in such circumstances, the USPTO will provide a "Petition to Director" form along with other electronic form previews in PDF and Word format on the "Submitting documents to the USPTO when unable to file electronically" webpage that may be downloaded and submitted with the other required documents.

Petition requirements. To be timely, the petition must be filed on the date of the deadline with a certificate of mailing attesting to that date. 37 C.F.R. §§2.147(a)(1)(ii), 2.197(a)(2). The filer also must submit proof with the petition that the trademark electronic filing system was unavailable on the date of the deadline. 37 C.F.R. §2.147(a)(2)(ii). In addition to proof of the trademark electronic filing system's unavailability (such as screenshots) and the paper submission to be filed, the petition must include a statement of the facts relevant to the petition supported by a declaration under 37 C.F.R. §2.20 or 28 U.S.C. §1746, the fee for the petition, and any other required fees. 37 C.F.R. §2.147(a)(2).