Reviewing General Arguments or Evidence Provided in Response to a Domicile Address Requirement

Examining attorneys and post-registration examiners

must evaluate any arguments, including any explanations, or evidence regarding a

domicile address on a case-by-case basis, whether included in the initial

application or maintenance filing, or in a response.

Any assertion that the domicile address is in fact

the applicant’s or registrant’s principal place of business (for a juristic

entity) or the place the person resides and that is intended to be the person’s

principal home (for a natural person) must be made in a formal written response.

Only in rare cases may an otherwise unacceptable

type of domicile address (

see

TMEP §601.01(c)(i)

) be accepted based on

the applicant’s or registrant’s arguments. If uncertain about whether the provided

domicile address should be accepted, the examining attorney should consult their

managing or senior attorney. Post-registration examiners should consult their

lead.

If a juristic applicant or registrant submits

documentation such as an annual report identifying its principal office or

business address as a post-office box or a registered agent address, such

documentation does not establish that the address is the applicant’s or

registrant’s domicile address. Examining attorneys and post-registration examiners

must not accept such documentation as satisfying a domicile address requirement

when the address is an unacceptable type of domicile address. See

TMEP §601.01(c)(i)

for presumptively

unacceptable types of domicile addresses.

When a requirement for an acceptable domicile

address is maintained or made final, the requirement may be satisfied by providing

a new, acceptable domicile address. See

TMEP

§601.01(c)(ii)

for information about evaluating a

domicile address provided in response to a domicile address requirement.

Alternatively, the applicant or registrant may file a petition to the Director to

waive the domicile address requirement because of an extraordinary situation.

See

TMEP §1708.01

final, the requirement may be satisfied by providing

a new, acceptable domicile address. See

TMEP

§601.01(c)(ii)

for information about evaluating a

domicile address provided in response to a domicile address requirement.

Alternatively, the applicant or registrant may file a petition to the Director to

waive the domicile address requirement because of an extraordinary situation.

See

TMEP §1708.01

.

If the applicant or registrant responds to the

requirement to provide an acceptable domicile address by stating that they filed a

petition to the Director to waive the domicile address requirement, the examining

attorney or post-registration examiner must follow the procedures set forth in

TMEP §601.01(c)(v)

. See

TMEP §716.02(l)

for circumstances when

action may be suspended by the examining attorney pending a decision on a petition

to the Director to waive the domicile address requirement.

If the applicant or registrant asserts they have

“no fixed physical address,” the examining attorney or post-registration examiner

must follow the procedures set forth in

TMEP

§601.01(c)(iv)

.