Evaluating a New Domicile Address Provided in Response to a Domicile Address Requirement

When an applicant or registrant provides a new

domicile address in response to a domicile address requirement, the examining

attorney or post-registration examiner must conduct an internet search of the new

domicile address unless it is apparent from the address itself that the new

address is an unacceptable type of domicile address or is a foreign address.

See

TMEP §601.01(c)(i)

.

Examining attorneys may request assistance from the

Trademark Law Library with this search. Post-registration examiners may request

assistance by emailing the Post Registration internal mailbox. After completing a

search, examining attorneys must upload a Note to the File (also referred to as a

Public Note or Notation to File) indicating that they conducted a search. After

registration, a Note to the File will be entered after the search is conducted.

The examining attorney or post-registration examiner

must take the appropriate action set forth below, based on the relevant

circumstances.

Acceptable domicile address based on the

applicant’s or registrant’s entity type

. If the new address is an

acceptable type of domicile address based on the applicant’s or registrant’s

entity type, it may be accepted. However, the examining attorney or

post-registration examiner must raise any new issues resulting from the new

domicile address (e.g., if a pro se applicant or registrant provides a foreign

domicile address, then U.S. counsel is required if one was not already appointed

(

see

TMEP §601.01(a)

)).

Unacceptable domicile address and no

arguments or evidence submitted

. If the new address is an

unacceptable type of domicile address (

see

TMEP §601.01(c)(i)

) and the applicant or

registrant did not provide any arguments or evidence as to why the address

complies with the requirement for a domicile address, the requirement must be

maintained and/or made final, as appropriate.

Unacceptable domicile address and

arguments or evidence submitted

or evidence submitted

. If the new address is an

unacceptable type of domicile address (

see

TMEP §601.01(c)(i)

) and the applicant or

registrant did not provide any arguments or evidence as to why the address

complies with the requirement for a domicile address, the requirement must be

maintained and/or made final, as appropriate.

Unacceptable domicile address and

arguments or evidence submitted

. If the new address is an

unacceptable type of domicile address based on the applicant’s or registrant’s

entity type and the applicant or registrant provides any arguments or evidence in

the form of documentation, the examining attorney or post-registration examiner

must follow the procedures set forth in

TMEP

§601.01(c)(iii)

.