Minimum Requirements for Date of Receipt of International Application in USPTO

The minimum requirements for accordance of a date of

receipt of an international application in the USPTO are set forth in

37 C.F.R. §7.4(a)

and

§7.11

.

37 C.F.R.  International applications and registrations originating from the USPTO –

Requirements to electronically file and communicate with the Office.

(a) Unless stated otherwise in this chapter, all

correspondence filed with the USPTO relating to international applications and

registrations originating from the USPTO must be submitted through TEAS and

include a valid email address for correspondence.

(b) Applicants and registrants under this section

must provide and maintain a valid email address for correspondence with the

Office.

...

37 C.F.R.  Requirements for international application originating from the United

States.

(a) The Office will grant a date of receipt to an

international application that is filed through TEAS in accordance with

§7.4(a), or typed on the official paper form issued by the International

Bureau, if permitted under §7.4(c) or accepted on petition pursuant to §7.4(d).

The international application must include all of the following:

(1) The filing date and serial number of the basic

application and/or the registration date and registration number of the basic

registration;

(2) The name and entity of the international

applicant that is identical to the name and entity of the applicant or

registrant in the basic application or basic registration, and the applicant’s

current address;

(3) A reproduction of the mark that is the same as

the mark in the basic application and/or registration and that meets the

requirements of §2.52 of this title.

of the basic

registration;

(2) The name and entity of the international

applicant that is identical to the name and entity of the applicant or

registrant in the basic application or basic registration, and the applicant’s

current address;

(3) A reproduction of the mark that is the same as

the mark in the basic application and/or registration and that meets the

requirements of §2.52 of this title.

(i) If the mark in the basic application and/or

registration is depicted in black and white and the basic application or

registration does not include a color claim, the reproduction of the mark in

the international application must be black and white.

(ii) If the mark in the basic application or

registration is depicted in black and white and includes a color claim, the

international application must include both a black and white reproduction of

the mark and a color reproduction of the mark.

(iii) If the mark in the basic application and/or

registration is depicted in color, the reproduction of the mark in the

international application must be in color.

(iv) If the international application is filed on

paper, the mark must be no more than 3.15 inches (8 cm) high by 3.15 inches (8

cm) wide, and must appear in the box designated by the International Bureau on

the International Bureau's official form;

(4) A color claim as set out in §7.12, if

appropriate;

(5) A description of the mark that is the same as the

description of the mark in the basic application or registration, as

appropriate;

(6) An indication of the type of mark if the mark in

the basic application and/or registration is a three-dimensional mark, a sound

mark, a collective mark or a certification mark;

(7) A list of the goods and/or services that is

identical to or narrower than the list of goods and/or services in each claimed

basic application or registration and classified according to the Nice

Agreement Concerning the International Classification of Goods and Services for

the Purposes of the Registration of Marks;

ree-dimensional mark, a sound

mark, a collective mark or a certification mark;

(7) A list of the goods and/or services that is

identical to or narrower than the list of goods and/or services in each claimed

basic application or registration and classified according to the Nice

Agreement Concerning the International Classification of Goods and Services for

the Purposes of the Registration of Marks;

(8) A list of the designated Contracting Parties.  If

the goods and/or services in the international application are not the same for

each designated Contracting Party, the application must list the goods and/or

services in the international application that pertain to each designated

Contracting Party;

(9) The certification fee required by §7.6;

(10) If the application is filed through TEAS, the

international application fees for all classes, and the fees for all designated

Contracting Parties identified in the international application (see §7.7); and

(11) A statement that the applicant is entitled to

file an international application in the Office, specifying that applicant: Is

a national of the United States; has a domicile in the United States; or has a

real and effective industrial or commercial establishment in the United States.

Where an applicant's address is not in the United States, the applicant must

provide the address of its U.S. domicile or establishment.

(b) For requirements for certification, see §7.13.