| 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) |
(88) 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 wildfires in California, Oregon, and Washington,
beginning on Tuesday, September 8, 2020, 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(d).
Postal services in California, Oregon, and Washington have been impacted
by the wildfires to varying degrees beginning on September 8, 2020. To
determine whether a post office has been closed or reopened, or whether
postal services have been suspended or resumed in a particular area in
California, Oregon, or Washington due to the wildfires, contact the post
office directly or visit the USPS's website at https://www.usps.com. More
specific information should be available at
https://about.usps.com/newsroom/service-alerts/.
Once the USPS, through its website, has notified the public that this
interruption in the service of the USPS has ended, the designation of this
interruption and emergency within the meaning of 35 U.S.C. 21(a) and
37 CFR 1.10(i) and 2.195(d) will terminate without further notice from the
USPTO.
Patent-Related Correspondence
37 CFR 1.10(i) addresses interruptions or emergencies in USPS Priority
Mail Express® Post Office to Addressee service that are designated as such
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 that 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 Priority Mail Express® 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 due to
other emergencies, 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 Priority Mail Express® service suspended in the affected
areas on the specified date due to the wildfires in California, Oregon, and
Washington.
37 CFR 1.10(i) provides that any person attempting to file
correspondence by Priority Mail Express® Post Office to Addressee service
that was unable to be deposited with the USPS due to an interruption or
emergency in that 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.
The petition must:
(1) Be filed in a manner designated by the Director promptly after
the person becomes aware of the designated interruption or
emergency in Priority Mail Express® 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 the correspondence would have been deposited with
the USPS but for the designated interruption or emergency in
Priority Mail Express® service, and that the correspondence or
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US PATENT AND TRADEMARK OFFICE |
1505 CNOG 179 |
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.
If the provisions set forth in this notice do not apply, relief may be
available on petition to the Office. See, e.g., 37 CFR 1.183.
Patent-related inquiries concerning this notice may be directed to
Eugenia A. Jones, Senior Legal Advisor, at 571-272-7727, or Erin M.
Harriman, Senior Legal Advisor, at 571-272-7747, Office of Patent Legal
Administration; or by email at PatentPractice@uspto.gov.
Trademark-Related Correspondence
In general, customers may not submit any trademark filings through the
United States Postal Service (USPS). With limited exceptions, all trademark
correspondence must be submitted through the Trademark Electronic
Application System (TEAS). 37 CFR 2.23(a). If one of the exceptions
applies, information about filing during a postal service interruption is
provided below.
37 CFR 2.195(d) addresses interruptions or emergencies in USPS Priority
Mail Express® Post Office to Addressee service that are designated as such
by the Director for trademark-related correspondence. Correspondence
covered by 37 CFR 2.198 that would have been filed with the USPTO using the
Priority Mail Express® Post Office to Addressee service, but that 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 2.195(d).
The provisions of 35 U.S.C. 21(a) and 37 CFR 2.195(d) 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 due to other emergencies, 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 Priority Mail Express® service
suspended in the affected areas on the specified date due to the wildfires
in California, Oregon, and Washington.
Under 37 CFR 2.195(d), any person attempting to file correspondence by
Priority Mail Express® Post Office to Addressee service that was unable to
be deposited with the USPS due to the interruption or emergency in that
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 Priority Mail Express® service;
(2) Include the original correspondence or a copy of the original
correspondence; and
(3) Include a statement that 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
Priority Mail Express® 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)(3) and 2.102(a)(1), the Priority
Mail Express® procedures cannot be used for the following types of
correspondence: (1) notices of opposition to applications based on
15 U.S.C. 1141f(a), and (2) 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 with Priority Mail Express®.
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US PATENT AND TRADEMARK OFFICE |
1505 CNOG 180 |
The provisions of 37 CFR 2.195(d) on postal service interruptions or
emergencies apply only to Priority Mail Express® Post Office to Addressee
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.
If the provisions set forth in this notice do not apply, relief may be
available on petition to the Office. See 37 CFR 2.146(a)(5).
Trademark-related inquiries concerning this notice may be directed to
Charles Joyner, Office of the Deputy Commissioner for Trademark Examination
Policy, at 571-272-8942; or by email to TMPolicy@uspto.gov.
November 15, 2020 ANDREI IANCU
Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office
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 Hurricane Sally in Alabama, Florida, and Louisiana,
beginning on Monday, September 14, 2020, 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(d).
Postal services in Alabama, Florida, and Louisiana have been impacted by
Hurricane Sally to varying degrees beginning on September 14, 2020. To
determine whether a post office has been closed or reopened, or whether
postal services have been suspended or resumed in a particular area in
Alabama, Florida, or Louisiana due to Hurricane Sally, contact the post
office directly or visit the USPS's website at https://www.usps.com. More
specific information should be available at
https://about.usps.com/newsroom/service-alerts/.
Once the USPS, through its website, has notified the public that this
interruption in the service of the USPS has ended, the designation of this
interruption and emergency within the meaning of 35 U.S.C. 21(a) and
37 CFR 1.10(i) and 2.195(d) will terminate without further notice from the
USPTO.
Patent-Related Correspondence
37 CFR 1.10(i) addresses interruptions or emergencies in USPS Priority
Mail Express® Post Office to Addressee service that are designated as such
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 that 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 Priority Mail Express® 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 due to
other emergencies, 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 Priority Mail Express® service suspended in the affected
areas on the specified date due to Hurricane Sally in Alabama, Florida, and
Louisiana.
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1505 CNOG 181 |
37 CFR 1.10(i) provides that any person attempting to file
correspondence by Priority Mail Express® Post Office to Addressee service
that was unable to be deposited with the USPS due to an interruption or
emergency in that 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.
The petition must:
(1) Be filed in a manner designated by the Director promptly after
the person becomes aware of the designated interruption or
emergency in Priority Mail Express® 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 the correspondence would have been deposited with
the USPS but for the designated interruption or emergency in
Priority Mail Express® service, and that 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.
If the provisions set forth in this notice do not apply, relief may be
available on petition to the Office. See, e.g., 37 CFR 1.183.
Patent-related inquiries concerning this notice may be directed to
Eugenia A. Jones, Senior Legal Advisor, at 571-272-7727, or Erin M.
Harriman, Senior Legal Advisor, at 571-272-7747, Office of Patent Legal
Administration; or by email at PatentPractice@uspto.gov.
Trademark-Related Correspondence
In general, customers may not submit any trademark filings through the
United States Postal Service (USPS). With limited exceptions, all trademark
correspondence must be submitted through the Trademark Electronic
Application System (TEAS). 37 CFR 2.23(a). If one of the exceptions
applies, information about filing during a postal service interruption is
provided below.
37 CFR 2.195(d) addresses interruptions or emergencies in USPS Priority
Mail Express® Post Office to Addressee service that are designated as such
by the Director for trademark-related correspondence. Correspondence
covered by 37 CFR 2.198 that would have been filed with the USPTO using the
Priority Mail Express® Post Office to Addressee service, but that 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 2.195(d).
The provisions of 35 U.S.C. 21(a) and 37 CFR 2.195(d) 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 due to other emergencies, 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 Priority Mail Express® service
suspended in the affected areas on the specified date due to Hurricane
Sally in Alabama, Florida, and Louisiana.
Under 37 CFR 2.195(d), any person attempting to file correspondence by
Priority Mail Express® Post Office to Addressee service that was unable to
be deposited with the USPS due to the interruption or emergency in that
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:
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US PATENT AND TRADEMARK OFFICE |
1505 CNOG 182 |
(1) Be filed promptly after the ending of the designated interruption
or emergency in Priority Mail Express® service;
(2) Include the original correspondence or a copy of the original
correspondence; and
(3) Include a statement that 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
Priority Mail Express® 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)(3) and 2.102(a)(1), the Priority
Mail Express® procedures cannot be used for the following types of
correspondence: (1) notices of opposition to applications based on
15 U.S.C. 1141f(a), and (2) 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 with Priority Mail Express®.
The provisions of 37 CFR 2.195(d) on postal service interruptions or
emergencies apply only to Priority Mail Express® Post Office to Addressee
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.
If the provisions set forth in this notice do not apply, relief may be
available on petition to the Office. See 37 CFR 2.146(a)(5).
Trademark-related inquiries concerning this notice may be directed to
Charles Joyner, Office of the Deputy Commissioner for Trademark Examination
Policy, at 571-272-8942; or by email to TMPolicy@uspto.gov.
November 15, 2020 ANDREI IANCU
Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office
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 Hurricane Laura in Louisiana and Texas, beginning on
Tuesday, August 25, 2020, 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(d).
Postal services in Louisiana and Texas have been impacted by Hurricane
Laura to varying degrees beginning on August 25, 2020. To determine whether
a post office has been closed or reopened, or whether postal services have
been suspended or resumed in a particular area in Louisiana or Texas due to
Hurricane Laura, contact the post office directly or visit the USPS's
website at https://www.usps.com. More specific information should be
available at https://about.usps.com/newsroom/service-alerts/.
Once the USPS, through its website, has notified the public that this
interruption in the service of the USPS has ended, the designation of this
interruption and emergency within the meaning of 35 U.S.C. 21(a) and
37 CFR 1.10(i) and 2.195(d) will terminate without further notice from the
USPTO.
Patent-Related Correspondence
37 CFR 1.10(i) addresses interruptions or emergencies in USPS Priority
Mail Express® Post Office to Addressee service that are designated as such
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US PATENT AND TRADEMARK OFFICE |
1505 CNOG 183 |
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 that 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 Priority Mail Express® 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 due to
other emergencies, 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 Priority Mail Express® service suspended in the affected
areas on the specified date due to Hurricane Laura in Louisiana and Texas.
37 CFR 1.10(i) provides that any person attempting to file
correspondence by Priority Mail Express® Post Office to Addressee service
that was unable to be deposited with the USPS due to an interruption or
emergency in that 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.
The petition must:
(1) Be filed in a manner designated by the Director promptly after
the person becomes aware of the designated interruption or
emergency in Priority Mail Express® 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 the correspondence would have been deposited with
the USPS but for the designated interruption or emergency in
Priority Mail Express® service, and that 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.
If the provisions set forth in this notice do not apply, relief may be
available on petition to the Office. See, e.g., 37 CFR 1.183.
Patent-related inquiries concerning this notice may be directed to
Eugenia A. Jones, Senior Legal Advisor, at 571-272-7727, or Erin M.
Harriman, Senior Legal Advisor, at 571-272-7747, Office of Patent Legal
Administration; or by email at PatentPractice@uspto.gov.
Trademark-Related Correspondence
In general, customers may not submit any trademark filings through the
United States Postal Service (USPS). With limited exceptions, all trademark
correspondence must be submitted through the Trademark Electronic
Application System (TEAS). 37 CFR 2.23(a). If one of the exceptions
applies, information about filing during a postal service interruption is
provided below.
37 CFR 2.195(d) addresses interruptions or emergencies in USPS Priority
Mail Express® Post Office to Addressee service that are designated as such
by the Director for trademark-related correspondence. Correspondence
covered by 37 CFR 2.198 that would have been filed with the USPTO using the
Priority Mail Express® Post Office to Addressee service, but that 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 2.195(d).
The provisions of 35 U.S.C. 21(a) and 37 CFR 2.195(d) apply only to
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US PATENT AND TRADEMARK OFFICE |
1505 CNOG 184 |
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 due to other emergencies, 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 Priority Mail Express® service
suspended in the affected areas on the specified date due to Hurricane
Laura in Louisiana and Texas.
Under 37 CFR 2.195(d), any person attempting to file correspondence by
Priority Mail Express® Post Office to Addressee service that was unable to
be deposited with the USPS due to the interruption or emergency in that
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 Priority Mail Express® service;
(2) Include the original correspondence or a copy of the original
correspondence; and
(3) Include a statement that 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
Priority Mail Express® 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)(3) and 2.102(a)(1), the Priority
Mail Express® procedures cannot be used for the following types of
correspondence: (1) notices of opposition to applications based on
15 U.S.C. 1141f(a), and (2) 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 with Priority Mail Express®.
The provisions of 37 CFR 2.195(d) on postal service interruptions or
emergencies apply only to Priority Mail Express® Post Office to Addressee
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.
If the provisions set forth in this notice do not apply, relief may be
available on petition to the Office. See 37 CFR 2.146(a)(5).
Trademark-related inquiries concerning this notice may be directed to
Charles Joyner, Office of the Deputy Commissioner for Trademark Examination
Policy, at 571-272-8942; or by email to TMPolicy@uspto.gov.
November 15, 2020 ANDREI IANCU
Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office
[1481 OG 142]