 Top of Notices (40) December 26, 2017 |
US PATENT AND TRADEMARK OFFICE | Print This Notice 1445 CNOG 70 |
| Mail Issues, Office Closures, Postal Emergencies, etc. | Referenced Items (5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91) |
(40) United States Postal Service Non-Delivery of Mail This notice is to advise the public of a mail disruption which occurred for correspondence mailed in late July 1996, directed to the Patent and Trademark Office (PTO) Zip Code 20231. As a result of a United States Postal Service (USPS) error, some mail directed to Zip Code 20231 was returned to the sender as "undeliverable." The USPS has now corrected the problem and mail directed to Zip Code 20231 is presently being delivered as usual. This disruption did not affect mail addressed to the Assistant Commissioner for Trademarks, 2900 Crystal Drive, Arlington, VA 22202-3513. The PTO has been advised by the USPS that any mail returned as a result of this particular USPS error will be accepted by the USPS if resubmitted at a service window in the same envelope. No additional postage will be required. It is suggested that the USPS employee at the service window be consulted about crossing out any "undeliverable" notation on the envelope. Any problems associated with the resubmission should be immediately called to the attention of the USPS, particularly, Ms. Cynthia McMullen at (202) 636-1278/1279 or by way of the Internet at cmcmull2@email.usps.gov. 1. Papers Filed Pursuant To 37 CFR 1.8 Any correspondence mailed by first class mail with a certificate of mailing thereon in compliance with 37 CFR 1.8 which was returned to the sender as a result of this particular USPS error and which is either resubmitted to the USPS for delivery or delivered to the PTO by private courier will be stamped by the PTO with the actual date of receipt in the PTO. The correspondence will, however, be accorded the benefit of any certificate of mailing under 37 CFR 1.8. 2. Papers Filed Pursuant To 37 CFR 1.10 Any correspondence mailed by "Express Mail" with the "Express Mail" label number placed thereon in accordance with 37 CFR 1.10 which was returned to the sender as a result of this particular USPS error and which is either resubmitted to the USPS for delivery or delivered to the PTO by private courier will be stamped with the original date of deposit as "Express Mail" with the USPS or the next business day, if the date of deposit is a Saturday, Sunday, or Federal holiday within the District of Columbia. 37 CFR 1.6(a)(2). The correspondence must be received by the PTO in the original "Express Mail" envelope or be accompanied by either the original "Express Mail" label or a legible copy thereof. 3. Paper Not Filed Pursuant To 37 CFR 1.8 or 1.10 Section 21(a) of title 3:5, United States Code, provides that [t]he Commissioner may by rule prescribe that any paper or fee required to be filed in the Patent and Trademark Office will be considered filed in the Office on the date on which it was deposited with the United States Postal Service . . . " Therefore, in order to minimize the impact of this particular USPS error, any correspondence deposited with the USPS which was returned as a result of the error and which was originally mailed by first class mail without a certificate of mailing under . . . 37 CFR 1.8 or by "Express Mail" without the "Express Mail" label number placed on the correspondence will be stamped by the PTO with the original postmark date, rather than the date of receipt in the PTO, or the next business day, if the original postmark date is a Saturday, Sunday, or Federal holiday within the District of Columbia. In order to take advantage of this temporary practice, any patent or trademark correspondence affected by this disruption must be promptly resubmitted to the PTO in a new envelope addressed to the Assistant Commissioner for Patents
| Top of Notices (40) December 26, 2017 |
US PATENT AND TRADEMARK OFFICE | 1445 CNOG 71 |
Box Postal Disruption
Washington, DC 20231
Such correspondence must be accompanied by the original mailing
envelope or a copy thereof showing the original postmark date and by a
certificate demonstrating the original mailing date. Applicant should
retain a copy of the original mailing envelope in his or her file in
case a question is later raised concerning the original date of mailing.
A suggested certificate is as follows:
The undersigned certifies that the attached correspondence
was deposited as first class mail/"Express Mail" with the
U.S. Postal Service with sufficient postage addressed to
the PTO at Washington, DC 20231 on _________________________ and
was returned as a result of a Postal Service error.
Accordingly, it is requested that the filing date of
___________________________________ be accorded the correspondence.
___________________________________
(Printed Name)
___________________________________
(Signed)
___________________________________
(Date)
Papers which were returned to the sender and forwarded to the PTO
prior to this notice or papers promptly returned to the PTO in the
original envelope after this notice will be given the postmark date to
the extent possible.
Any review of these matters would be by way of petition (no petition
fee required) providing whatever arguments and evidence petitioner has
that the application/correspondence is entitled to a different filing
date.
Questions concerning this notice should be directed to John F.
Gonzales, Senior Legal Advisor, (703) 305-9285.
August 9, 1996 BRUCE A. LEHMAN
Assistant Secretary of Commerce and
Commissioner of Patents and Trademarks
[1189 OG 92]