Reviewing “No Fixed Physical Address” Explanation

An otherwise unacceptable type of domicile address

may not be accepted based on a detailed explanation that the applicant or

registrant has “no fixed physical address.” Such an explanation is not considered

sufficient to satisfy the requirement for an acceptable domicile address. Because

the applicant or registrant is essentially requesting a waiver of the domicile

address rule, the appropriate mechanism for considering these

explanations/arguments is a petition to the Director. See

TMEP

§1708.01

regarding petitions to the Director to waive

the domicile address requirement.

“No fixed physical address” explanation in

the initial application or maintenance filing

. If the applicant or

registrant provides an unacceptable type of domicile address and asserts it has

“no fixed physical address” in the initial application or maintenance filing, a

requirement for an acceptable domicile address must be issued. However, the

“Domicile Address” field in the electronic forms allows a juristic applicant or

registrant to provide the name, title, and domicile address of an individual with

legal authority to bind the applicant or registrant when the entity itself has no

fixed physical address. Therefore, if the address provided in this field is an

acceptable domicile address type for an individual, the examining attorney or

post-registration examiner will not issue a requirement for an acceptable domicile

address.

“No fixed physical address” explanation in

applications not yet approved for publication or maintenance filings not yet

accepted and/or acknowledged as of August 30, 2023

ss. Therefore, if the address provided in this field is an

acceptable domicile address type for an individual, the examining attorney or

post-registration examiner will not issue a requirement for an acceptable domicile

address.

“No fixed physical address” explanation in

applications not yet approved for publication or maintenance filings not yet

accepted and/or acknowledged as of August 30, 2023

. If an applicant

or registrant provides, or has provided, a statement that it has “no fixed

physical address,” and the application has not been approved for publication or

the maintenance filing has not been accepted and/or acknowledged as of August 30,

2023, the explanation cannot be accepted and the requirement for a domicile

address must be maintained and/or made final, as appropriate, in accordance with

the following guidance:

If the applicant or registrant was

advised in the most recent Office action that it could provide a detailed

explanation and the applicant or registrant does not respond to the

domicile address requirement

, the domicile address requirement

must be made final if the application is otherwise in condition for final

action. After registration, the examiner must issue a subsequent action

maintaining the domicile address requirement and advising the registrant of

the option to petition the Director if the maintenance filing is otherwise

in condition for an action providing the petition option. If the applicant

or registrant subsequently provides a “no fixed physical address”

explanation in a response, the examining attorney or post-registration

examiner must proceed as provided below

intaining the domicile address requirement and advising the registrant of

the option to petition the Director if the maintenance filing is otherwise

in condition for an action providing the petition option. If the applicant

or registrant subsequently provides a “no fixed physical address”

explanation in a response, the examining attorney or post-registration

examiner must proceed as provided below.

If the applicant or registrant was

advised in the most recent Office action that it could provide a detailed

explanation and the applicant or registrant responds by providing a

detailed explanation

, the examining attorney or

post-registration examiner must maintain the domicile address requirement in

a new nonfinal action, explain that the detailed explanation does not

satisfy the requirement, and inform the applicant or registrant of the

response options set forth in TMEP §601.01(c)(iv)(A).

After the applicant or registrant

has been advised of the updated response options

, if the

applicant or registrant continues to respond only by submitting arguments,

the domicile address requirement must be made final if the application is

otherwise in condition for final action. After registration, the examiner

must issue a subsequent action maintaining the domicile address requirement

and advising the registrant of the option to petition the Director if the

maintenance filing is otherwise in condition for an action providing the

petition option.

“No fixed physical address” explanation in

approved applications or accepted and/or acknowledged maintenance filings

before August 30, 2023

. It is not necessary to withdraw the

application from publication if an application with a detailed explanation that

the applicant has “no fixed physical address” was approved for publication before

August 30, 2023. Similarly, it is not necessary to rescind an acceptance and/or

acknowledgement of a maintenance filing with a detailed explanation that the

registrant has “no fixed physical address” made before August 30, 2023

thdraw the

application from publication if an application with a detailed explanation that

the applicant has “no fixed physical address” was approved for publication before

August 30, 2023. Similarly, it is not necessary to rescind an acceptance and/or

acknowledgement of a maintenance filing with a detailed explanation that the

registrant has “no fixed physical address” made before August 30, 2023.

Additionally, if the application is withdrawn from publication for another reason,

or the acceptance and/or acknowledgment of a maintenance filing is rescinded for

another reason, examining attorneys and post-registration examiners are not

required to raise a new domicile address requirement when a “no fixed physical

address” explanation was previously accepted.

Companion applications not yet approved

for publication or companion maintenance filings not yet accepted and/or

acknowledged

that contain an unacceptable domicile address, with or

without an explanation, cannot be accepted merely because the same address was

accepted in approved or published companion applications or accepted and/or

acknowledged companion maintenance filings.