TMEP 306.01: Documents that May Not Be Filed by Facsimile Transmission

October 2017 Edition of the TMEP

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306.01    Documents that May Not Be Filed by Facsimile Transmission

All trademark documents except those listed below may be filed by fax, and are eligible for the benefits of the certificate of transmission provided for in 37 C.F.R. §2.197.

The following types of trademark correspondence may not be filed by fax and, if submitted by fax, will not be given a filing date:

  • (1) Applications for registration of marks;
  • (2) Drawings submitted under 37 C.F.R. §§2.51, 2.52, 2.72, or 2.173;
  • (3) Requests for cancellation or amendment of a registration under 15 U.S.C. §1057(e);
  • (4) Certificates of registration surrendered for cancellation or amendment under 15 U.S.C. §1057(e) (see TMEP §302.01);
  • (5) Correspondence to be filed with the Board;
  • (6) Madrid-related correspondence submitted under 37 C.F.R. §7.11, §7.14, §7.21, §7.23, §7.24, or §7.31; and
  • (7) Documents that are required by statute to be certified (e.g., certified copies of court orders).

37 C.F.R. §§2.193(i), 2.195(d), 7.4(d).  Applications for registration of marks may be filed through the Trademark Electronic Application System ("TEAS").

When any trademark document specifically excluded from the fax transmission procedure is received in the USPTO by fax, the document will not be accepted. See Vibe Records, Inc. v. Vibe Media Group LLC, 88 USPQ2d 1280, 1283 (TTAB 2008) (finding faxed notice of opposition unacceptable and can be given no effect).  As a courtesy, the USPTO will attempt to notify senders whenever correspondence that falls within one of these prohibitions is sent to the USPTO by fax.