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Notes

37 C.F.R. §§ 2.195–2.198

4 sections in range

§2.195. Filing date of trademark correspondence.

37 C.F.R. § 2.195

The filing date of trademark correspondence is determined as follows:
(a)
Electronic submissions. The filing date of an electronic submission is the date the Office receives the submission, based on Eastern Time, regardless of whether that date is a Saturday, Sunday, or Federal holiday within the District of Columbia.
(b)
Paper correspondence. The filing date of a submission submitted on paper is the date the Office receives the submission, except as follows:
(1)
Priority Mail Express— ®. The filing date of the submission is the date of deposit with the USPS, if filed pursuant to the requirements of § 2.198.
(2)
Certificate of mailing. The filing date of the submission is the date of deposit with the USPS, if filed pursuant to the requirements of § 2.197.
(3)
Office closed. The Office is not open to receive paper correspondence on any day that is a Saturday, Sunday, or Federal holiday within the District of Columbia.
(c)
Email and facsimile submissions. Email and facsimile submissions are not permitted and, if submitted, will not be accorded a date of receipt.
(d)
Interruptions in USPS. If the Director designates a postal service interruption or emergency within the meaning of 35 U.S.C. 21(a), any person attempting to file correspondence by Priority Mail Express® Post Office to Addressee service who was unable to deposit the correspondence with the USPS due to the interruption or emergency may petition the Director to consider such correspondence as filed on a particular date in the Office. The petition must:
(1)
Be filed promptly after the ending of the designated interruption or emergency;
(2)
Include the original correspondence or a copy of the original correspondence; and
(3)
Include a statement that the correspondence would have been deposited with the USPS on the requested filing date but for the designated interruption or emergency in Priority Mail Express® service; and that the correspondence attached to the petition is the original correspondence or a true copy of the correspondence originally attempted to be deposited as Priority Mail Express® on the requested filing date.
Notes, amendments, and revision history

Amendments

[84 FR 37097, July 31, 2019]

Source

Source: 68 FR 48289, Aug. 13, 2003, unless otherwise noted.

Authority

Authority: 15 U.S.C. 1113, 1123; 35 U.S.C. 2; sec. 10, Pub. L. 112-29, 125 Stat. 284; Pub. L. 116-260, 134 Stat. 1182, unless otherwise noted. Sec. 2.99 also issued under secs. 16, 17, 60 Stat. 434; 15 U.S.C. 1066, 1067.

Source

Source: 30 FR 13193, Oct. 16, 1965, unless otherwise noted.

Amendments

[84 FR 37097, July 31, 2019]

§2.196. Times for taking action: Expiration on Saturday, Sunday or Federal holiday.

37 C.F.R. § 2.196

Whenever periods of time are specified in this part in days, calendar days are intended. When the day, or the last day fixed by statute or by regulation under this part for taking any action or paying any fee in the Office falls on a Saturday, Sunday, or Federal holiday within the District of Columbia, the action may be taken, or the fee paid, on the next succeeding day that is not a Saturday, Sunday, or a Federal holiday.
Notes, amendments, and revision history

Source

Source: 68 FR 48289, Aug. 13, 2003, unless otherwise noted.

Authority

Authority: 15 U.S.C. 1113, 1123; 35 U.S.C. 2; sec. 10, Pub. L. 112-29, 125 Stat. 284; Pub. L. 116-260, 134 Stat. 1182, unless otherwise noted. Sec. 2.99 also issued under secs. 16, 17, 60 Stat. 434; 15 U.S.C. 1066, 1067.

Source

Source: 30 FR 13193, Oct. 16, 1965, unless otherwise noted.

§2.197. Certificate of mailing.

37 C.F.R. § 2.197

(a)
The filing date of correspondence submitted under this section is the date of deposit with the USPS if the correspondence:
(1)
Is addressed as set out in § 2.190 and deposited with the USPS with sufficient postage as first-class mail; and
(2)
Includes a certificate of mailing for each piece of correspondence that—
(i)
Attests to the mailing and the address used;
(ii)
Includes the name of the document and the application serial number or USPTO reference number, if assigned, or registration number to which the document pertains;
(iii)
Is signed separately from any signature for the correspondence by a person who has a reasonable basis to expect that the correspondence would be mailed on the date indicated; and
(iv)
Sets forth the date of deposit with the USPS.
(b)
If correspondence is mailed in accordance with paragraph (a) of this section, but not received by the Office, the party who mailed such correspondence may file a petition to the Director under § 2.146(a)(2) to consider such correspondence filed in the Office 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; and
(3)
Include a verified statement attesting to the facts of the original mailing.
(c)
If the certificate of mailing does not meet the requirements of paragraph (a)(2) of this section, the filing date is the date the Office receives the submission.
Notes, amendments, and revision history

Amendments

[84 FR 37097, July 31, 2019]

Source

Source: 68 FR 48289, Aug. 13, 2003, unless otherwise noted.

Authority

Authority: 15 U.S.C. 1113, 1123; 35 U.S.C. 2; sec. 10, Pub. L. 112-29, 125 Stat. 284; Pub. L. 116-260, 134 Stat. 1182, unless otherwise noted. Sec. 2.99 also issued under secs. 16, 17, 60 Stat. 434; 15 U.S.C. 1066, 1067.

Source

Source: 30 FR 13193, Oct. 16, 1965, unless otherwise noted.

Amendments

[84 FR 37097, July 31, 2019]

§2.198. Filing of correspondence by Priority Mail Express®.

37 C.F.R. § 2.198

(a)
The filing date of correspondence submitted under this section is the date of deposit with the USPS, as shown by the “date accepted” on the Priority Mail Express® label or other official USPS notation.
(b)
If the USPS deposit date cannot be determined, the filing date is the date the Office receives the submission.
(c)
If there is a discrepancy between the filing date accorded by the Office to the correspondence and the “date accepted,” the party who submitted the correspondence may file a petition to the Director under § 2.146(a)(2) to accord the correspondence a filing date as of the “date accepted.” 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.
(d)
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 § 2.146(a)(2) to accord the correspondence a filing date as of the date the correspondence is shown to have been deposited with the USPS. 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.
(e)
If correspondence is properly addressed to the Office pursuant to § 2.190 and deposited with sufficient postage in the Priority Mail Express® Post Office to Addressee service of the USPS, but not received by the Office, the party who submitted the correspondence may file a petition to the Director under § 2.146(a)(2) to consider such correspondence filed in the Office on the USPS deposit date. 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.
Notes, amendments, and revision history

Amendments

[84 FR 37097, July 31, 2019]

Source

Source: 68 FR 48289, Aug. 13, 2003, unless otherwise noted.

Authority

Authority: 15 U.S.C. 1113, 1123; 35 U.S.C. 2; sec. 10, Pub. L. 112-29, 125 Stat. 284; Pub. L. 116-260, 134 Stat. 1182, unless otherwise noted. Sec. 2.99 also issued under secs. 16, 17, 60 Stat. 434; 15 U.S.C. 1066, 1067.

Source

Source: 30 FR 13193, Oct. 16, 1965, unless otherwise noted.

Amendments

[84 FR 37097, July 31, 2019]