[E-trademarks] PTO Alternative Filing; was Re: Trademark Revival Pendency (Notice of allowance)

Tue Feb 25 16:48:41 EST 2025

PTO Alternative Filing
Selections by Daniel Kegan *

[Recently I tried to file a trademark document, and the PTO Trademark Center online system hung after entering all the trademark data and before presenting the payment page. I tried another browser, and copied to PDF my entered data, hung again. The next evening I tried again, hung. So I concluded I needed to update and review the TEMP regulations for alternative filings when the PTO online system fails. When you have similar need, check the TMEP original, if available, you might need details I skipped.]

When you are unable to file electronically due to a system outage, Priority Mail might be available to submit paper in .docx format, with a fax credit card authorization, www.uspto.gov/trademarks/apply/fi ling-documents-during-outage <http://www.uspto.gov/trademarks/apply/fi%20ling-documents-during-outage>.
Most paper USPS mail to USPTO should be addressed to:
Commissioner for Trademarks
PO Box 1451
Alexandria VA 22313-1451.
TMEP 305.01.

Check the status page, <www.uspto.gov/system-status> before resorting to non-electronic filing methods and contact the Trademark Assistance Center for guidance. < https://www.uspto.gov/trademarks/apply/forms-submit-only-if-teas-online-forms-are-unavailable>. 

Fee Payment

When the PTO Online system is down you may fax Credit Card authorization (PTO 2038), <www.uspto.gov/sites/default/files/documents/PTO-2038.pdf> or
Fee Transmittal (PTO/SB/17), <www.uspto.gov/sites/default/files/documents/sb0017.pdf> to the PTO. Certain application fees must be paid on the same date as the filing of an application. Failure to pay these fees on the same date as the filing of an application will result in a surcharge for late payment.

PTO Assistance Center, Phone
Trademark, 800-786,9199, Monday-Friday, exclusive of fed holidays, 8:30 am-8:00 pm ET.
TTAB, 571-272-8400. 8:30am-5:00 pm ET.
Patent Application, 888-786-0101 8:30am-5:00 pm ET.

·      <daniel at keganlaw.com>

> On Feb 25, 2025, at 4:07 PM, Ryan Bethell via E-trademarks <e-trademarks at oppedahl-lists.com> wrote:
> 
> I suppose we could paper file, or else contact the examiner and have them chew out the paralegals in the revival division. If your docketing is hardcoded to the original Notice of allowance (and your internal record that the extension was filed), you should still be at least aware of the dates, but if you are relying on the extension approval, then it completely bricks your internal docketing. 
> 
> I've notified a contact at USPTO policy and a few examiners of the issue, but no word yet on a fix. 
> 
> On Tue, Feb 25, 2025 at 1:54 PM Jamie Shelden <justtrademarks at gmail.com <mailto:justtrademarks at gmail.com>> wrote:
>> Interesting Ryan.  I had one come up last week.  I received the Notice of Approval of Extension Request the same day that the next extension was due.  Because we hadn’t received the approval of extension, the deadline for the next extension didn’t come up on our docket, so we missed it again 🤬.  
>> 
>> I had another read of the approval notice and it specifically states that Applicant must continue to file extension requests every six months…But, if TEAS won’t allow you file the extension request, what option do you have?
>> 
>> 
>> <Screenshot 2025-02-04 at 5.42.30 PM.png>
>> 
>> 
>>> On Feb 25, 2025, at 12:40 PM, Ryan Bethell via E-trademarks <e-trademarks at oppedahl-lists.com <mailto:e-trademarks at oppedahl-lists.com>> wrote:
>>> 
>>> Word to the wise -- 
>>> 
>>> I have several applications where revivals were filed for notices of allowance, where no extension has been yet granted, dating back to October of 2024. Something fishy is going on at the USPTO regarding the approval of extensions filed with a revival. This is quite frustrating, because we are already coming up on the next sixth-month deadline to file either a statement of use or extension for several applications, and I cannot file either through TEAS until the previous extension is granted.
>>> 
>>> If you have clients that are nearly ready to prove use, it may be better to hold off and file the extension and SOU together with the revival rather than filing the revival immediately and waiting on specimens. The exceedingly long processing times create issues with very tight (or non-existent) online filing windows.
>>> 
>>> Warm Regards,
>>> Ryan Bethell
>>> Managing Partner
>>> The Ideas Law Firm PLLC
>>> P: 833-863-5483
>>> Linkedin: https://www.linkedin.com/in/ryan-bethell-70a04024
>>> 
>>> www.TrademarkElite.com <http://www.trademarkelite.com/>
>>> 
>>> This e-mail may contain information that is privileged or confidential.  If you received this communication in error, please immediately notify the sender and delete/destroy all copies of this correspondence. Thank you.
>>> -- 
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>>> http://oppedahl-lists.com/mailman/listinfo/e-trademarks_oppedahl-lists.com
>> 
> 
> 
> 
> -- 
> Ryan Bethell
> Managing Partner
> The Ideas Law Firm PLLC
> P: 833-863-5483
> Linkedin: https://www.linkedin.com/in/ryan-bethell-70a04024
> 
> www.TrademarkElite.com <http://www.trademarkelite.com/>
> 
> This e-mail may contain information that is privileged or confidential.  If you received this communication in error, please immediately notify the sender and delete/destroy all copies of this correspondence. Thank you.
> -- 
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