§ 2.197 - Certificate of mailing.

§ 2.197 Certificate of mailing or transmission.

Cross Reference

Link to an amendment published at 84 FR 37097, July 31, 2019.

Cross Reference

This amendment was delayed until Dec. 21, 2019, at 84 FR 52363, Oct. 2, 2019.

Cross Reference

This amendment was further delayed until Feb. 15, 2020 at 84 FR 69330, December 18, 2019.

(a) Except in the cases enumerated in paragraph (a)(2) of this section, correspondence required to be filed in the Office within a set period of time will be considered as being timely filed if the procedure described in this section is followed. The actual date of receipt will be used for all other purposes.

(1) Correspondence will be considered as being timely filed if:

(i) The correspondence is mailed or transmitted prior to expiration of the set period of time by being:

(A) Addressed

(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

U.S. Postal Service

USPS with sufficient postage as first-class mail;

or

(B) Transmitted by facsimile to the Office in accordance with § 2.195(c); and

(ii) The correspondence includes a certificate

and

(2) Includes a certificate of mailing for each piece of correspondence

stating the date of deposit or transmission. The person signing the certificate should have a

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

or transmitted

on

or before

the date indicated

.

(2) The procedure described in paragraph (a)(1) of this section does not apply to:

(i) Applications for the registration of marks under 15 U.S.C. 1051 or 1126

; and

(

ii) Madrid-related correspondence filed under § 7.11, § 7.21, § 7.14, § 7.23, § 7.24 or § 7.31 of this title

iv) Sets forth the date of deposit with the USPS.

(b) In the event that If correspondence is considered timely filed by being mailed or transmitted in accordance with paragraph (a) of this section, but not received in by the Office, and an application is abandoned, a registration is cancelled or expired, or a proceeding is dismissed, terminated, or decided with prejudice, the correspondence will be considered timely if the party who forwarded mailed such correspondence :

(1) Informs the Office of the previous mailing or transmission of the 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 becoming aware that the Office has no evidence of receipt of the correspondencethe date of mailing;

(2) Supplies an additional Include a copy of the previously mailed or transmitted correspondence and certificate; and

(3) Includes Include a statement that attests on a personal knowledge basis or verified statement attesting to the satisfaction facts of the Director to the previous timely mailing or transmission. If the correspondence was sent by facsimile transmission, a copy of the sending unit's report confirming transmission may be used to support this statement.

(c) The Office may require additional evidence to determine whether the correspondence was timely filed.

[68 FR 48289, Aug. 13, 2003, as amended at 69 FR 57185, Sept. 24, 2004

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.

[84 FR 37097, July 31, 2019]