Email Blog

Email Marketing Made Simple

What’s the impact of the mandatory electronic filing rule change?

What’s the impact of the mandatory electronic filing rule change?


My name is Tasha Bunch and I’m an
attorney in the trademarks legal policy office joining me today we have Keri
Genovese who is a senior attorney in the office of petitions we have Robert
Lavash who is a senior attorney in the legal policy office Jessica LouDimond
who is an attorney in the legal policy office and Tanya Amos who is the TEAS
administrator our TMEP editor Kathy Kane is unable to join us today so
I will go ahead and get us started talking about mandatory electronic
filing and some of the specimen requirements I will be talking about
some of the changes to some of the rule changes based on mandatory electronic
filing so the first changes I will talk about
are the changes to our filing date requirements we will now require once
the rule is in effect we will now require that all applications filed
under sections 1 and/or 44 be filed using the TEAS system unless the
application is filed by a national of an exempt treaty country or a petition to
accept a paper filing as granted we also will require an email address for each
applicant and we will require the practitioner if there is one appointed
we will require their postal and email addresses in order to receive a filing
date there are also some changes to our filing options the t’s + filing option
will remain the same however the t’s our F and T’s regular
options will go away and instead we will have the tea standard option at 275
dollars per class and that will now be the default electronic filing option in
addition paper will remain the same at $600 per class I’d like to tell you a
little bit about the processing fee for falling off of T’s plus the fee will
only be charged now for failing to comply with the t’s plus initial filing
requirements the first any submissions subsequent paper filings if they are
granted on petition they will incur a paper fee as well as a
petition fee but they will no longer incur the additional processing fee T’s
plus them has some initial an additional initial filing requirements dealing with
entity standards so the domestic partnerships must state the names and
citizenship of the general partners domestic joint ventures must state the
names and citizenship of the active members and sole proprietorships must
provide the state of organization and the name and citizenship of sole
proprietors moving along to talk about correspondence all filings relating to
applications and registrations must be submitted via T’s unless once again it’s
filed by a national of an exempt treaty country or a petition to accept a paper
filing has been granted however for applicants that prior to the
effective date of the rule that were filing under paper or T’s regular or for
post registration maintenance documents filed before the effective date of the
rule those filings are considered grandfathered in for those filings you
are not required to provide an email address for correspondence or to file
electronically however everyone should be aware that fax transmission is no
longer permitted unless specifically directed by USPTO personnel grandfathered filers should also keep in
mind that all T’s forms going forward will require the applicants or n
register or registrants email address and the email address of a qualified
practitioner if if one has been appointed if an applicant or registrant
who’s grandfathered in attempts to use a form the form will not validate without
providing this information furthermore the office will presume that email
communication is authorized going forward and they will no longer be
allowed to file via paper without submitting a petition for the correspondence address under the
new rule it will automatically be set to the applicant if no attorney is
appointed and it will be set to the email address of the applicant or
registrar in the file if the applicant or registrar is represented then the
correspondence will be sent to the email address of the attorney of record unless
one of three things happens a revocation or a new power of attorney is filed the
attorney has been suspended or excluded from practice or recognition has ended
courtesy email addresses will still be permitted there is an exception for
Madrid applications for the requirement for an email address at initial filing 6
section 66 a first action pubs will still be allowed under the new rule
however for all subsequent submissions they must be filed using the T system
and must designate an email address for correspondence in addition sometimes
certain specimens must be mailed in these would be for non-traditional marks
such as scent or flavor marks if an applicant is submitting a specimen for
these type of marks they should indicate in their t’s filing that the specimen
will be mailed in no petition requesting acceptance of this mailed in specimen
will be required please note that this exception does not apply to sound or
emotion marks the t’s form permits attachment of specimens for such marks
as electronic files and now I will pass it to my colleague Kari Thank You Tasha I’m going to talk about
when you are unable to file electronically whether it’s because the
t system has failed or the user system is having a problem this would include
widespread disruptions natural disasters and emergencies the procedures and
requirements you should follow depend on whether your attempt to file is before
or on your filing deadline day if you’re filing attempt is before the filing
deadline please try again later through T’s you can check the system status and
availability availability page for any declared widespread outages and
scheduled maintenance if you’re still having issues contact the t’s staff for
technical assistance you can email them at T’s at uspto.gov and if you have
questions for phone calls you can call tac if you’re filing attempt is the same
day as the filing deadline and your desired T’s form or the t’s fee payment
processing system is unavailable but the t’s petition to director form is
available please use that form you can file the petition electronically on the
due date including a written verified explanation of why of how your form was
unavailable evidence showing it was unavailable the document you’re
attempting to file and the electronic petition fee and any electronic fees for
the filing you’re trying to submit if the filing attempt is the same day as
your deadline and that your T’s form is unavailable as well as the t’s petition
to director form you will need to file your petition on paper requesting
acceptance of a paper filing you should use the petition to accept paper cover
sheet which has a checklist of the requirements this will be posted on our
website include proof that T’s was unavailable on the submission due date
the proof can consist of a printout of a screenshot showing the error message you
received or a statement of this fact with a signed declaration you’ll need to
provide a two hundred dollar paper petition fee and any paper fees required
for the document you’re submitting the signs certificate of mailing which is
also provided on the cover sheet and the
document you’re attempting to file and we will provide pre preview PDFs for the
t’s forms that you can complete by hand and submit if the filing attempt is the
same day is the filing deadline and you’re unable to login to your uspto.gov
account please first see the troubleshooting tips on the FAQ s
website if you’re still unable you can contact TAC they have the ability to
help you reset your password and if it’s still you’re still not able to log in in
order to use T’s you will need to follow the instructions on the previous slide
for filing your petition along with your paper submission if the filing attempt
is the same day as the filing deadline and the USPTO has declared a widespread
service disruption it will be posted on our system status and availability page
along with instructions about how to submit your filing to us J in general
fax transmission is not permitted unless the USPTO has declared this type of
widespread disruption and specifically instructed customers to submit documents
via fax otherwise it will be instructed to submit documents via regular mail no
petition or petition fee is required in this situation if you’re filing attempt
is the same day as the filing deadline and an extraordinary situation not
covered by the other categories prevents you from filing electronically you’ll
need to file on paper with petition including an explanation as to why your
situation qualifies as extraordinary and you’ll follow the same procedures
outlined in the second scenario previously discussed so just a brief
synopsis of the three categories of petitions to the director under the new
rule two point one four seven the first is this situation we’ve already
discussed that as T’s is unavailable on the date of a deadline for submission
and the applicant provides proof that T’s was unavailable
the second category is for if for example an applicant or registrant did
was unaware of the manager filing electronic filing requirements
and previously filed a paper submission that was not processed and was rejected
by the USPTO within two months you can file a petition to accept the previously
submitted paper filing if you’re unable to resubmit the document electronically
by the statutory deadline and this option only applies to particular
documents that have statutory filing deadlines such as a statement of use a
section 8 or 71 declaration of user excusable non-use the third set the
third category is kind of the same catch-all category as mentioned on the
previous slide if the applicant or registrant doesn’t qualify under one of
the first two sections of the rule they can request acceptance of a paper
submission due to some other extraordinary situation but please keep
in mind regularly scheduled teas maintenance or user error will generally
not be considered an extraordinary situation and the rules and policies
regarding postal service interruptions and emergencies remain unchanged and I
will pass this to Robert lavash who’s going to discuss iseman rule updates
thank you very much Carrie as Carrie mentioned I’m going to be
talking about updates to rule 2.56 the specimen rule which we included in the
mandatory electronic filing rule package to better conform with existing
statutory requirements and presidential case law regarding specimens so first
let’s talk about our update to the wording regarding labels and tags you’ll
see with the underlined wording here that the rule now refers to a trademark
specimen for goods having to be on containers marks on the goods on the
containers our packaging for the goods on labels or tags affixed to the goods
or on a display associated with the goods and this change was intended to
incorporate the language regarding use of Commerce that’s in section 45 of the
trademark Act now although the rule says labels or
tags affixed labels of tags that are not affixed may still be accepted if on
their face they clearly show the mark in actual use in commerce so that means
that the tag or label would have to include the informational matter that
typically appears on a label for those types of goods so for food it might be
something like net weight or volume often on an actual label you’ll see a
UPC barcode and then in other cases you might see lists of contents or
ingredients so we’re looking for the indicia of use and commerce on that
label if it’s on a fixed so if a label or tag does not clearly show actual use
in commerce because it appears for instance to be merely temporary or it
appears to be a mock-up it will likely be refused under trademark Act sections
1 and 45 for failure to show the mark in actual use in commerce in connection
with the goods in addition the examining attorney is likely to include with that
refusal a request for information under Rule 2.61 B to clarify use of the
specimen in commerce so here we’ve got a couple of example examples of labels
that we would still deem to be acceptable even though they are not
shown a fix to the goods in the first case you have a unattached label for
crab rangoon it has a UPC code it has the mark it has
the number of indicia that you would see on a label that’s actually used in
commerce likewise on the second specimen we see a lot of product information a
UPC label safety information and it’s clear that this is the type of label
that could be immediately applied to the goods in question so both of these under
the amended rules would still be acceptable and here’s yet another one
that would be acceptable this is a wine label it has the usual information that
wine labels either usually contain or are required to contain under other
regulations that has a UPC code has the government warning
it looks like a label that could be applied to a wine bottle so we would
take this these are examples of specimens that are likely to get a
refusal under the rule and the reason is they look temporary or mocked up it’s
not clear that these are labels that are actually used on the goods in commerce
they have a temporary mocked up look to them in this case these specimens are
likely to get a refusal and a request for information it is still possible
that the applicant could respond and explain that yes this is indeed how we
fix our labels and provides additional evidence to to show to show that in that
case the examining attorney may withdraw the refusal so let’s move on to 2.56 b2
which is the service mark requirements we’ve now updated that that rule
language to incorporate wording that’s consistent with recent TTAB decisions
and examination policy so now we refer to use of the mark in the performance or
rendering of the service services and we refer to the mark meeting to show the
specimen needing to show a direct association between the mark and the
services in this first example we show a specimen that does show a direct
association of the mark and the identified services in the upper left
corner of the screen there you see the the mark Civics and in the middle right
portion you see a direct reference to the identified services digital
marketing and advertising so in this case the direct Association is shown and
the mark that specimen would be acceptable under the rule in this
example which is a bit more nuanced we have the mark appearing on the
specimens and the identified services our retail store services featuring
medical devices these specimens are likely to be refused as not showing a
direct association because again we’ve identified retail store services but the
specimens in use here appear to be invoices in a sales addendum that
typically you would not see when used in the retail store environment it’s not
typically the type of materials that are associated with that and there’s
otherwise no direct reference to the retail store services so in that case
the specimens are likely to be refused moving on to rule 2.5 6c we’ve updated
our rule regarding webpage specimens we now require that each webpage specimen
include the URL URL and the access or print date of that of the web page
that’s excerpted so here’s just an example of that in the upper left corner
you see the access date further to the right you see the URL URL if the webpage
specimen contains the URL and access date in this manner it’s likely to
comply with the rule and now we just have a couple seconds to switch over to
our other presentation and I’m going to turn it over to Jessica Lou Diamond great thank you
as Robert mentioned I’m going to be discussing the t’s form updates that are
being made in conjunction with the mandatory electronic filing rulemaking
today we’re going to discuss the changes that affect all the forms the initial
application forms the petition forms the post registration forms and the
correspondence and attorney and domestic representative forms first we’ll start
with changes affecting all the forms one of the biggest changes you’ll notice is
that the owner email address field is now mandatory
if you’ve used artis forms before you’ve probably seen that we have a checkbox
underneath the owner and attorney email address fields to provide authorization
for the USPTO to communicate under this new rulemaking email authorization is
presumed so we’ve removed the checkbox for authorizing email communication when
you provide an email address for either the owner holder the attorney or the
domestic representative we also have revised the correspondence information
page in all the t’s forms we’ve removed the postal address the telephone number
and fax number fields the name and primary email address fields for
correspondence are not editable on this page they populate from either the
attorneys email address if an attorney is appointed otherwise from the
trademark owners email address you can enter up to four secondary email
addresses for courtesy copies of USPTO communications on this page similarly
the validation page previously has had an email for ignite the user could edit
to enter the email address to receive you received for filing this field has
now been renamed the primary email address for correspondence and there is
a new secondary email address field to make it easier to identify the
recipients of the filing receipt you cannot change these email addresses on
this page these email addresses are used to send the t’s filing receipt email
these email addresses pre-populate with the primary email address for
correspondence again this is either the appointed attorneys email address or the
trademark owners email address if an attorney is not appointed and again the
secondary email address is if anywhere it will also appear here you should also
know that most T’s forms now contain both an owner and an attorney
information page this will make it easier to provide required information
without having to access a separate form you’ll be able to provide attorney Bar
membership information an attorney email address or an owner email address on
most forms we also have a new owner information page for our Madrid filers
the t’s forms will include this version for all 79 series files it’ll permit the
addition or update of an owner holder email address please note that changes
to the owner holders postal address must continue to be made using the WIPO mm9
form a separate domicile address can be provided for 79 series owner holders in
the new change address or representation form we’ll discuss both the domicile
address and the change address their representation form a little bit later
another addition to the forms is a separate field for recognized Canadian
attorneys and agents currently recognized Canadian attorneys and agents
have to be entered in the other appointed attorneys field on the
attorney information page now they can be entered separately in the recognized
Canadian attorney agent field next we’ll move on to changes to the initial
application forms as we mentioned earlier in this presentation the filing
options have changed T’s RF has been renamed t standard and T’s regular is no
longer a filing option there is now going to be a new single initial
application form for T’s plus and T’s standard a domicile address can be
provided for the trademark owner this address is kept private by using a new
field we also have new fields for the sole proprietor these provide clear
prompts for required information as I mentioned the T’s plus and t standard
initial application form is now a single combined form on the wizard page you’ll
select the desired filing option you can toggle between these filing options
while in the form if needed by returning to the wizard page and simply clicking
on the correct radio button and moving back through the form we also now have a
new domicile address field we’ve enhanced the initial application forms
and the new change address or representation form to allow owners to
provide a separate domicile address although the USPTO presumes that the
owners street address an owner’s domicile address are the same if they
are not you may enter a separate address in the domicile address field this
address is not publicly viewable in the USPTO s TSD our database we made this
edition in response to concerns from our customers about privacy as I said it’s
not viewable in the TSD our database and this includes both on the Status tab and
in the documents themselves on the owner information page we have
new fields for the sole proprietors domestic sole proprietors will now enter
their name in a text field the sole proprietors citizenship is separately
selected from a drop-down menu now we’ll discuss changes to the petition forms we
have a revised petition to the director form this form now has dedicated fields
instead of an open text box the reasons for the petition and any necessary
updates to the application or registration that are the subject of the
petition are clearly identified on the wizard page you’ll enter your serial
number or registration number and on the next screen you’ll select the reason for
your petition there are two versions of this there will be reasons for
pre-registration filings and post registration filings you’ll select the
reason for your petition using the appropriate radio button and then you’ll
answer questions to indicate the type of information you want to provide within
the petition the wizard questions will help you build a personalized form with
dedicated fields for filing information next we’ll discuss changes to the post
registration forms the post registration response to office action form has been
enhanced to a dedicated field form you’ll select the filing that prompted
the office action and the wizard questions will allow you to build a
customized response again you’ll use dedicated fields instead of an open text
box for providing your response similar to the petition to the director you’ll
select using radio buttons the dedicated form options for your filing type you’ll
choose your option and then complete your form next we’ll discuss changes to
correspondence and attorney and domestic representative forms we have
consolidated six closely related forms into one this will allow you to complete
a single form for several related Auctions this new form is called the
change address or representation form we have included the revocation appointment
of attorney and domestic representative form the change of domestic
representatives address withdrawal of domestic representative change of owner
address change of correspondents address and the replacement of attorney form
this new form uses role-based logic you’ll enter your serial or registration
numbers and then will identify yourself as either the owner attorney or domestic
representative by selecting the appropriate radio button questions
appropriate to the identified role will appear based on the status of the files
in the USPTO s database and the user will indicate what data should be
updated on this screen we’re showing you the types of updates that can be made in
your application or registration you can update contact information for the
trademark owner holder an already appointed attorney or an already
appointed domestic representative this includes updating attorney bar
information you can appoint a u.s. licensed attorney to represent you
before the USPTO or appointed domestic representative you can appear for the
first time as attorney of record on behalf of an owner holder who is not
currently represented you can replace the attorney of record with another
already appointed attorney you can revoke the power of a previously
appointed attorney remove a previously appointed attorney from the record
because the power is undead or withdraw is domestic representative last we’re
going to discuss the deployment teas antes I will be unavailable on Saturday
December 21st from 12:01 a.m. until 8:00 a.m. Eastern Time to incorporate the
mandatory electronic filing changes you must file all saved forms and ecig
mature forms by 11:59 p.m. Eastern Time on Friday December 20th 2019 so that
your data is not lost if you do not file all of your save forms by
that time you will have to start the process again with new forms if you have
any questions about the information we discussed during this webinar you can
email TM underscore webinar at USPTO gov and we’ll be happy to answer questions I’m now going to take a look at our
mailbox and see what we have is questions that have come in my name is
Tonya Amos and I’m the t’s administrator the first question that we have is it
looks like it’s for Jessica its is the domicile information only masked if I
use the new domicile address field that’s a great question and yes that is
correct you must use the dedicated domicile address field in order for your
information to be masked if you include that address in any other miscellaneous
field or otherwise in a response it will not be masked within that document the
next question is related to specimens it is does the URL and access data have to
be on the specimen or can it be somewhere else in the filing Bob would
you be able to answer that question sure ideally we would like it to be on the
specimen itself but that’s not a requirement you can include it elsewhere
in the in the filing it’s the application or the response to office
action or you could even include it in a subsequent filing the next question
that’s come in is I see that email authorization is presumed what if I
previously did not authorize email but provided an email address what happens
after mandatory electronic filing Jessica can you answer that question yes
so even if you previously did not provide email authorization once you
come in and use the t’s form the forms are automatically presuming email
authorization so once you access and use and file using the forms email
authorization is now presumed great and we have another question which is how do
I change the email address on the validation page for the filing receipt I
guess Jessica you probably be in the best
shape to answer that one that’s another good question similar to you how I
explained that the email addresses were not edible editable on the
correspondence information page they are also not editable on the validation page
so if you do need to make a change the primary email address for correspondence
whether it’s the one that you see appearing on the validation page same as
the one that’s appearing on the correspondence information page you
would have to go back in the form to make that edit if you have an appointed
attorney you’ll have to edit the email address for your appointed attorney if
you’re an unrepresented owner you would edit your owner email address the
secondary email addresses the courtesy copies those are edited on the
correspondence information page ok we now have a question about evidence
it’s what type of evidence must be provided to show that Teese was
unavailable Carrie would you be able to answer so evidence could consist of the
screenshot of the error message you received when you attempted to file a
teas form and were unable to do so it could also consist of email
correspondence between an applicant and register registrant and the teas staff
or just a statement saying I was unable to access teas along with the a signed
declaration under Rule 2.20 without the standard declaration language ok um and
we have another question that just came in Bob I think this one is for you it’s
at what stage and the application is the applicant
now required at what stage is the applicant email required right as soon
as you file it right yeah so if you if you’re unrepresented you need to provide
your email address and if you are represented by an attorney you’re gonna
need to provide your email address and the attorneys email address I should say
the attorney is going to provide that information if you have an attorney okay
and the next question that I have is why would I be able to file a t’s petition
form if the other forms are unavailable I can answer that I attempt to so
sometimes there could be a situation where there’s a glitch with one
particular T’s form or you’re unable to submit the t’s form you’re trying to
submit because of a payment processing error and so the t’s petition to
director form the new one has an option that you can select
it’s a radio button option that you encountered an error when trying to
process fees on another T’s form and you’ll be able to proceed through the
form that way so it we’re hoping that that would help customers get get
something in the door if they’re having issues with their other T’s forms and
you know pay the lower electronic filing fees all right we have a question about
issues that might occur after the deployment what do I do
if I have an issue after the deployment Jessica can you answer that so just as
you’re doing now you’ll do also after the deployment if you are having
technical problems please email teased at uspto.gov okay we have a question
about the new car form the the question is we have different radio buttons for
the owner the attorney of the record and the domestic representative
this new form can you click on two options at the same time or is it a
single option it is a single option so you will have to select one radio button
identifying your role in either the application or registration ok and if
you appoint an attorney who are you sending correspondence to kasher can you
answer that question sure I can answer that question correspondence will be
sent to the the email address of the attorney of record okay and the next
question is where do I get information on outages okay or you can answer that
and it’s our current website I believe right now it’s called filing documents
during an outage it will be renamed in the near future but we will provide lots
of information on that page about how to submit your documents if there’s an
outage and always to check the system status and availability page for our
current status ok we have a question on can I send my document in via email
Tasha sure I can answer that question formal
communications still cannot be sent via email only in formal communications ok
and we have another question that’s come in that is how are you keeping owner
email addresses private and I can answer that question because I was intimately
involved about three or four months ago we had a TS TR release we’re on the
Status page we masked the owner email address of unrepresented owner so if you
go into TS CR now and you go to the Status page you’ll notice that the owner
email address is masked let me see if we have any more questions that came in oh
here’s a question on what do you recommend we do to avoid
filing on paper carry this sounds like a petition sure the first tip would be do
not wait till the last day just to make sure that you give yourself plenty of
time otherwise you know keep sign up for TM alerts if there’s some sort of major
outage or anything like that we would send a team alert and the bookmark the
system status an availability page and also we will provide on our on the
outages page there will be a downloadable PDF for the petition to
accept paper you can download that and save that on your computer in the event
of an emergency that’s about it okay our next question is how do I indicate that
I will be mailing in a specimen for a non-traditional mark Bob can you answer
that one well when you do that you can have to file electronically but you have
to indicate in the application that you are separately submitting your specimen
by by mail and I believe there’s a there’s a checkbox that you can check
off to indicate that and let’s see if there’s any more questions here’s one if
I was a tease regular application and I file my response electronically and have
to add a class what is the fee that all be paying I can answer that one so if a
an applicant that originally filed teased regular and they submit
electronically to add a class they will now pay the default t standard filing
fee of two hundred and seventy five dollars per class okay and here’s one
that just came in it says there is a time delay from when an application is
filed until the application is accessible in the t system will the new
petition form allow the user to enter a serial number for an application not
otherwise available in the t system in the
following the new application filing and I’ll go ahead and answer that question
the answer is unfortunately no once the t’s application is filed it still has to
go through our back-end processing and be assigned a serial number before it’ll
be eligible for use of the petition form if you have a particular scenario that
requires immediate assistance please don’t hesitate to email T’s @ uspto.gov
we’ll gladly assist you let’s see if we have any more that have come in what if
I filed on paper or a T’s regular application before December 21st am i
obligated to file electronically I can answer that question as I talked about
in my on my slides for applicants that file on paper or T’s regular you are
considered grandfathered in at the time of the ruling you can continue to file
on paper if you so choose however you should be aware that if you do use the
t’s form it will require you to submit an email address in order to submit the
form and going forward you will be required to meet the mandatory
electronic filing rule requirements okay and let’s see if we have any new
questions that have come in okay we have a question this is more
about the US council rules it says we are a u.s. corporation using an attorney
why do we need to provide Attorney Bar Association information I thought this
was only for foreign applicants Bob would you be able to answer oh yeah sure
no the rule does require attorney bar info for the attorneys that are
appearing as primary attorney in the record so that is in the US council rule
and the reason for it is we need to be able to verify that the person who has
identified themselves as an attorney is an attorney and is the attorney that
they say they are so it’s to help us sort of police some of the improper
activities that we’ve been seeing in the last couple of years okay let’s see if
we got anything else the question is with this new car form
the correspondence address and attorney representation form will there still be
an open text box filled in the form it depends on the type of information that
you’re trying to provide for the most part this is a dedicated filled form and
so there will be prompts for all of the information that you would want to
provide there will be an owner information page an attorney information
page a domestic representatives information page and those pages are
crafted specially for the type of change you’re trying to make so the attorney
information page may be modified depending on whether or not this is a
replacement versus an appointment of a newly appearing attorney and the there’s
now a question about this goes back to petitions evidence I think this is
Carrie it’s if the problem if there’s an outage and the problem is on the
customer’s end as opposed to the USPTO S and what type of evidence do they need
to submit in general a declaration saying that you had an internet outage
that day or whatever the problem may be a power outage that would be fine as
long as it’s a statement accompanied with a signed declaration thank you
we’ve got a question asking us if there’s any plan to integrate into a
single form a request to divide an extension request and a statement of use
I think that’s a great idea I’ll take that question I’ll certainly add it to
our backlog we did not have the time to do this and our next release will be
dedicated to more login issues so I certainly think this is something that
we can explore for a future release down the line please keep the questions
coming we have a few more minutes the here’s a question its if an
applicant registrant is represented by an attorney is it still required to
include an email address for the applicant registrant and then the second
part to that question is can you use the attorney’s email address in the
applicant the owner email address field so as far as using the the owner and
attorney email address as being the same that we cannot do the rule very
specifically states that we need the individual email address of both the
trademark owner and the appointed attorney I’m sorry was there a second
part to that question I think you answered the first part right whether
they needed to have an applicant email address in addition to an attorney and
rule requires both yes and the form itself is going to prompt you for that
information if you do enter an owner email address on the owner information
page that then matches the email address that’s entered at the attorney
information page you will receive an error that will prevent you from moving
forward in the forum because these email addresses should be individual to the
specific person okay we have a question asking us what are the different types
of widespread outages can we give an example well in the past I would say we
had a huge power outage at the USPTO in 2015 I think that was that was one of
those situations I don’t remember anything
more recently do you where we declared an outage no that was the most recent
one and then we have another person we that it’s asking if you have to submit
an email address for the applicant registrant if they’re represented by a
and the answer again is yes the rule requires both an applicant register at
the owner email address as well as the attorney email address let’s see if
there’s anything else that’s out there there’s a question about where are the
forms located if the system goes down we will not be able to access them is if
T’s is down so how do we find the information that we need in order to
file our petition right so this is a great question and something we hope
doesn’t happen but that’s why I encourage everyone to bookmark the page
where all the outages information is going to be posted and also to download
a PDF copy of the petition to director cover sheet which will have the
checklist of all the requirements and I don’t Tanja might know better where the
PDFs are posted for the the t’s form previews that would also be a good thing
to save so that you have them at your disposal so you know if you’re filing a
response to office action there will be a preview PDF created that you can you
know fill out by hand and send in and they in the event our website is down
right and right now those t’s PDF previews are located underneath each of
the relevant T’s forms so underneath the initial application form you’ll see the
preview PDF we we have plans to make them easier to find and and to add them
on the outages gotcha so you’re in a few weeks you’ll you’ll see them in a more
centralized location we’ve got another question this is about the about
changing address it says if you simply want to file a change of address for the
law firm that represents the applicant or registrar do you need to include the
owner email with that law firm change-of-address
that’s a good question if you have not previously provided an owner email
address the form will prompt you when you access that initial set of wizard
questions you’ll be presented with options for things like do you want to
update the information for the trademark owner do you want to update the
information for the already appointed attorney if you answer yes to only the
question for updating the information of the appointed attorney when in fact you
also have information missing for the trademark owner you are going to receive
an error message telling you that you must answer yes to the question for
providing whatever the missing information is for the trademark owner
so then both pages will present within the forum we have a new question that’s
about owner email addresses it’s if the applicant is a corporation and not an
individual what email address should be years and I I think that that’s it has
to be an email address that is owned by the corporation so as opposed to a third
party so whatever your corporate email address is that’s the email address that
you would include in the forum do you all agree yeah has to be a contact
person at the corporate entity I would say their email address right and we’ve
we’ve had a lot of questions about the the slides and and the where they are
located I wanted to let you all know that the slides are currently on the
events page on the USPTO website and that we are going to post this recording
so that you can review it it’ll be posted as soon as it’s available so in a
shortly please let us know if you have any other questions there is a slight
delay from when they come in when I’m seeing them do you have guys have any other things
that you think we could raise while we wait for the milk my servers a little
slow here’s one we have the this question
appears to be related to login it’s asking whether you can use the
Authenticator app to log in as opposed to waiting for for an email when when
you log in so when you signup to log in to the t’s forms you have to use
two-factor authentication which means the USPTO will be sending you a code and
that code will come to you either by email or by phone or by use of an
Authenticator app and you’re right if you if you want do not want to wait for
the email to arrive because it there can be a delay either with your email server
or with the USPTO server you can download a free Authenticator app from
from your one of your the providers out there and use that an old general
automatically generate a six digit code there’s instructions if you go to our
website up in the upper right-hand corner in the my uspto.gov section there
are instructions for how to download an Authenticator app and use it to log into
our system so that you don’t have to wait for an email from the USPTO and if
you have any issues when trying to log in or set up either the password or
receiving the six digit code please don’t hesitate to email us at t–‘s at
uspto.gov and we’ll gladly assist you okay if there are no more questions
right now we will close the session and thank everyone for their time and if
after the session it ends up that there are more questions that come in we will
post them as well on the web page so that you can see the answers and if you
have any individualized questions please don’t hesitate to email us at [email protected] will gladly answer all of your questions
in any that you can think of in the upcoming weeks and we look forward to
mandatory electronic filing and assurance will be a smooth transition
thanks a lot and have a nice day!

Leave comment

Your email address will not be published. Required fields are marked with *.