(500) DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. PTO-T-2011-0050]
Establishment of a One-Year Retention Period for
Trademark-Related Papers That Have Been Scanned
Into the Trademark Initial Capture Registration System
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.
SUMMARY: The United States Patent and Trademark Office (USPTO) is
establishing a one-year retention period that began on September 26, 2011,
for papers scanned into the Trademark Initial Capture Registration System
(TICRS) prior to September 26, 2011, or began or begins on a paper's
submission date, for papers scanned into TICRS on or after September 26,
2011. After the expiration of the one-year retention period, the USPTO
will dispose of the paper documents unless, within sufficient time prior
to disposal, the relevant trademark applicant or owner files a request to
correct the electronic record in TICRS, and the request remains
outstanding at the time disposal would otherwise have occurred. The
one-year retention period for papers scanned into TICRS will reduce the
costs currently associated with indefinitely warehousing paper documents,
while permitting sufficient time for the review and rarely needed correction
of the scanning of such paper documents. The USPTO received no comments to
the notice published September 23, 2011 on this proposal.
DATES: Applicability Date: For papers scanned into TICRS prior to September
26, 2011, the one-year retention period began on September 26, 2011. For
papers scanned into TICRS on or after September 26, 2011, the one-year
retention period began or begins on the paper's submission date.
FOR FURTHER INFORMATION CONTACT: Cynthia C. Lynch, Office of the Deputy
Commissioner for Trademark Examination Policy, by telephone at
(571) 272-8742.
SUPPLEMENTARY INFORMATION:
Background
On September 23, 2011, the USPTO published a notice and request for
comments on a proposal to establish a retention period of one year for
trademark-related papers that have been scanned into TICRS. See Request
for Comments on Establishment of a One-Year Retention Period for Trademark-
Related Papers That Have Been Scanned Into the Trademark Initial Capture
Registration System, 76 FR 59114 (September 23, 2011), 1371 OG 168
(October 18, 2011). The USPTO received no comments in response to the notice.
The proposed change to the USPTO's past practice of indefinitely retaining
papers that have been scanned into TICRS stems from the relatively small
number of paper trademark-related submissions received at the USPTO and the
USPTO's practice of scanning all paper documents into TICRS, resulting in
paper documents that duplicate the electronic record in TICRS. Moreover, the
USPTO's multiple reviews of the electronic record in TICRS to ensure accuracy
of the data have rendered the practice of indefinite paper retention
unnecessary and not cost-effective.
Changes: One-Year Retention Period for Paper Records
In view of the lack of any public comments opposing the establishment of
a one-year retention period, the USPTO is establishing a one-year retention
period for the retention of paper records. Specifically, the one-year
retention period begins on: September 26, 2011, for papers scanned into
TICRS prior to September 26, 2011; or a paper's submission date, for papers
scanned into TICRS on or after September 26, 2011. TICRS is available to the
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public through the Trademark Document Retrieval (TDR) and the Trademark
Status and Document Retrieval (TSDR) databases on the USPTO Web site. This
plan allows the USPTO and the public sufficient time to review and determine
the accuracy of the record in TICRS/TDR/TSDR and request any needed
corrections, thereby providing assurance that the record is correct. The plan
also significantly reduces the costs currently associated with indefinitely
warehousing duplicative paper records. Paper filings with electronic and
digital media attachments are not subject to the one-year retention period
and will remain retrievable, consistent with past practice.
After the expiration of the one-year retention period, the USPTO will
dispose of the paper records, unless a request to correct the electronic
record in TICRS remains outstanding. Requests to correct the electronic
records in TICRS should be e-mailed to "TM-TDR-Correct@uspto.gov" using the
subject line "Electronic Record Correction" at least one month prior to the
expiration of the one-year retention period to allow sufficient time to
process the request. The request should include: (1) the serial number or
registration number; (2) the date and nature of the paper document filed;
(3) a description of the error(s) in TICRS/TDR/TSDR; (4) the name and
telephone number of the applicant or owner; and (5) a replacement copy of
the paper document, if available. The USPTO will review the request and
update the record within 21 days of receipt, if appropriate. The applicant
or owner may check TICRS or TDR/TSDR approximately three weeks after
submitting the request to verify entry of the requested changes.
January 17, 2012 DAVID J. KAPPOS
Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office
[1375 TMOG 186]