Statistics from 2018 reveal that .03% of trademark applications
were paper filed. As such, effective February 15, 2020, paper
trademark filings are no longer an option. The United States Patent
and Trademark Office ("USPTO") mandates electronic filing
for new trademark applications and all other submissions associated
with trademark applications and registrations. Submissions must be
made via the USPTO's online Trademark Electronic Application
System ("TEAS"). Additionally, applicants and their
attorneys must provide and maintain a valid email address for
receiving USPTO correspondence and a postal address if the email
address fails to work. Except for limited circumstances, paper and
fax submissions will no longer be accepted. Exceptions include
international treaties, specimens for scent, flavor or similar
non-traditional marks, and postal service interruptions or
emergencies.
The goal of mandatory electronic filing is to have end-to-end
electronic processing of applications and registrations. Not only
will this speed up the processing of documents filed at the USPTO,
but it will increase the USPTO's efficiency and improve the
accuracy of the Trademark Register. Accordingly, as of February 15,
all new applications must comply with the above requirements in
order to receive a filing date, and all other submissions will only
be accepted if filed electronically.
In addition, the rules of practice regarding specimens of use have
been updated to conform with existing statutory requirements and
precedential case law. Specifically, for goods, the specimens must
show use of the mark on the goods, on containers or packaging for
the goods, on labels or tags affixed to the goods, or on a display
associated with the goods (which must be of a point-of-sale
nature). For services, the specimens must be used in the sale of
the services, including use in the performance or rendering of the
services, or in the advertising or marketing of the services.
Furthermore, the specimens must show a direct association between
the mark and the services. Significantly, webpage specimens
submitted as proof of use must include the URL and access or print
date. Specimens that do not meet these requirements, or that appear
to be mock-ups, will be refused.
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