Response Options for Applicants or Registrants with “No Fixed Physical Address”

An applicant or registrant who asserts it has “no

fixed physical address” is limited to the response options set forth below.

Individual applicant or

registrant

. An individual who has claimed not to have a permanent

legal place of residence because they have “no fixed physical address” may

satisfy the domicile address requirement by providing an acceptable domicile

address in the “Domicile Address” field of a response form, such as when an

applicant or registrant has subsequently obtained a permanent legal place of

residence at a fixed physical address.

Juristic applicant or

registrant

. A juristic applicant or registrant that has claimed it

has no fixed physical address may satisfy the domicile address requirement by

providing: (1) a new acceptable domicile address such as when an applicant or

registrant has subsequently obtained a fixed physical address that is the

applicant’s or registrant’s principal place of business; or (2) the full name,

title, and acceptable domicile address of a person with legal authority to bind

the juristic applicant or registrant (e.g., one of the officers, if a

corporation, or one of the partners, if a partnership) if the applicant or

registrant does not have a fixed physical address for its principal place of

business. The name, title, and domicile address may be included in the

“Domicile Address” field to keep it hidden from public view. Alternatively, the

applicant or registrant may provide the name, title, and address in the body of

the response or the name and title in the response and the individual’s address

in the “Domicile Address” field. Only information in the “Domicile Address”

field is masked.

See

TMEP §601.01(e)

. The examining

attorney or post-registration examiner may presume that the person identified

directs and controls the entity’s activities if the person’s title indicates

they have legal authority to bind the juristic applicant or registrant. See

TMEP §611.06-06(h)

for more

information about persons who have legal authority to bind various types of

entities

ss”

field is masked.

See

TMEP §601.01(e)

. The examining

attorney or post-registration examiner may presume that the person identified

directs and controls the entity’s activities if the person’s title indicates

they have legal authority to bind the juristic applicant or registrant. See

TMEP §611.06-06(h)

for more

information about persons who have legal authority to bind various types of

entities.

Option to file a petition to waive the

domicile address requirement

. Alternatively, the applicant or

registrant may file a petition to the Director to waive the domicile address

requirement based on an extraordinary situation.

See

TMEP §1708.01

. However, filing a

petition to waive the requirement is not considered a response to an Office

action. The applicant must still file a response to avoid abandonment of the

application.

See

37 C.F.R.

§2.146(g)

;

TMEP

§1705.06

.

See

TMEP

§601.01(c)(v)

regarding checking the record for a

petition to the Director to waive the domicile address requirement and

§716.02(l)

for circumstances when

action may be suspended by an examining attorney pending a decision on a

petition to the Director to waive the domicile address requirement.