 Top of Notices (102) December 27, 2022 |
US PATENT AND TRADEMARK OFFICE | Print This Notice 1505 CNOG 224 |
| Mail Issues, Office Closures, Postal Emergencies, etc. | Referenced Items (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, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124) |
(102) United States Postal Service
Interruption and Emergency under 35 U.S.C. 21(a)
The United States Patent and Trademark Office (USPTO) is designating the
interruption in service of the United States Postal Service (USPS) in the
areas affected by the severe storms and tornadoes in Alabama beginning on
Wednesday, April 27, 2011, as a postal service interruption and emergency
within the meaning of 35 U.S.C. § 21(a) and 37 CFR 1.10(i) and 2.195(e).
Postal services throughout Alabama were impacted by the severe storms
and tornadoes in varying degrees beginning on April 27, 2011. To determine
whether a post office has been closed or reopened, or postal services have
been suspended or resumed in a particular area due to the severe storms and
tornadoes in Alabama, contact the post office directly or visit the USPS's
Web site at: http://www.usps.gov.
As of May 16, 2011 or earlier, the USPS, through its Internet Web site,
has notified the public that this interruption in the service of the USPS
has ended, and thus the designation of this interruption and emergency
within the meaning of 35 U.S.C. § 21(a) and 37 CFR 1.10(i) has terminated.
Patent-Related Correspondence
37 CFR 1.10(i) addresses interruptions or emergencies in USPS "Express
Mail Post Office to Addressee" service that are designated by the Director
for patent-related correspondence. Correspondence covered by 37 CFR 1.10
that would have been filed with the USPTO under 37 CFR 1.10 during this
USPS service interruption, but which was not filed due to the USPS service
interruption, should be filed promptly after the termination of the USPS
service interruption with a petition in accordance with 37 CFR 1.10(i)
using "Express Mail" service in accordance with 37 CFR 1.10.
The provisions of 35 U.S.C. § 21(a) and 37 CFR 1.10(i) apply only to
postal interruptions and emergencies. The provisions of 35 U.S.C. § 21(a)
and 37 CFR 1.10(i) do not provide for the granting of a filing date to
correspondence as of the date on which it would have been filed but for
other exigencies, such as the unavailability of an office or building other
than a USPS facility. These provisions apply only if the post office was
closed or "Express Mail" service suspended in the affected areas on the
specified date due to the severe storms and tornadoes in Alabama.
37 CFR 1.10(i) provides that any person attempting to file
correspondence by "Express Mail Post Office to Addressee" service that was
unable to be deposited with the USPS due to an interruption or emergency in
"Express Mail" service which has been so designated by the Director may
petition the Director to consider such correspondence as filed on a
particular date in the Office. 37 CFR 1.10(i) specifically provides that:
Any person attempting to file correspondence under this section that was
unable to be deposited with the USPS due to an interruption or emergency in
"Express Mail" service which has been so designated by the Director, may
petition the Director to consider such correspondence as filed on a
particular date in the Office, provided that:
(1) The petition is filed in a manner designated by the Director
promptly after the person becomes aware of the designated interruption or
emergency in "Express Mail" service;
(2) The petition includes the original correspondence or a copy of the
original correspondence; and
(3) The petition includes a statement which establishes, to the
satisfaction of the Director, that the correspondence would have been
deposited with the USPS but for the designated interruption or emergency in
"Express Mail" service, and that the correspondence or copy of the
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US PATENT AND TRADEMARK OFFICE | 1505 CNOG 225 |
correspondence is the original correspondence or a true copy of the correspondence originally attempted to be deposited with the USPS on the requested filing date. Patent-related inquiries concerning this notice may be directed to Eugenia A. Jones, Senior Legal Advisor in the Office of Patent Legal Administration, at (571) 272-7727 or at PatentPractice@uspto.gov. Trademark-Related Correspondence 37 CFR 2.195(e) and 2.198 address interruptions or emergencies in USPS "Express Mail Post Office to Addressee" service that are designated by the Director for trademark-related correspondence. Correspondence covered by 37 CFR 2.198 that would have been filed with the USPTO under 37 CFR 2.198 during this USPS service interruption, but which was not filed due to the interruption, should be filed promptly after the termination of the USPS service interruption with a petition in accordance with 37 CFR 2.146 and 2.198. The provisions of 35 U.S.C. § 21(a) and 37 CFR 2.195(e) apply only to postal interruptions and emergencies. These provisions do not provide for the granting of a filing date to correspondence as of the date on which it would have been filed but for other exigencies, such as the unavailability of an office or building other than a USPS facility. These provisions apply only if the post office was closed or "Express Mail" service suspended in the affected areas on the specified date due to the severe storms and tornadoes in Alabama. Under 37 CFR 2.195(e) and 2.198, any person attempting to file correspondence by "Express Mail Post Office to Addressee" service that was unable to be deposited with the USPS due to the interruption or emergency in "Express Mail" service in the areas designated in this notice 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 in "Express Mail" service; (2) Include the original correspondence or a copy of the original correspondence; and (3) Include a statement which establishes, to the satisfaction of the Director, that (a) the correspondence would have been deposited with the USPS but for the designated interruption or emergency in "Express Mail" service, and (b) the correspondence or copy of the correspondence is the original correspondence or a true copy of the correspondence originally attempted to be deposited with the USPS on the requested filing date. Please note that under 37 CFR 2.101(b)(2), 2.102(a)(2), 2.198(a)(1) and 7.4(b)(2), the Express Mail procedures cannot be used for the following types of correspondence: applications for registration of marks; amendments to allege use under 15 U.S.C. § 1051(c); statements of use under 15 U.S.C. § 1051(d); requests for extension of time to file a statement of use under 15 U.S.C. § 1051(d); affidavits of continued use under 15 U.S.C. § 1058; renewal applications under 15 U.S.C. § 1059; requests to change or correct addresses; combined filings under 15 U.S.C. §§ 1058 and 1059; combined affidavits or declarations under 15 U.S.C. §§ 1058 and 1065; responses to notices of irregularity under 37 CFR 7.14; requests for transformation under 37 CFR 7.31; notices of opposition to applications based on 15 U.S.C. § 1141f(a); and requests for extensions of time to oppose applications based on 15 U.S.C. § 1141f(a). Therefore, it would be inappropriate to file a petition seeking a filing date as of the date of deposit of these types of correspondence as Express Mail. The provisions of 37 CFR 2.198(e) on postal service interruptions or emergencies apply only to "Express Mail Post Office to Addressee"
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correspondence, and do not apply to correspondence with a certificate of
mailing pursuant to 37 CFR 2.197. Therefore, the petition procedure set
forth in this notice is not appropriate for correspondence with a
certificate of mailing. However, petitions concerning such correspondence
may be considered under 37 CFR 2.146 with the requisite showing of an
extraordinary situation, that justice requires relief, and that no other
party would be injured thereby.
Trademark-related inquiries concerning this notice may be directed to
Catherine Cain, Office of the Deputy Commissioner for Trademark Examination
Policy, at (571) 272-8946.
July 8, 2011 DAVID J. KAPPOS
Under Secretary of Commerce for
Intellectual Property and Director of the
United States Patent and Trademark Office
[1369 OG 56]