# TMEP § 601.01(c)(iv): Reviewing “No Fixed Physical Address” Explanation

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/TMEP_S601.01(c)(iv)

## Section

- **Citation:** TMEP § 601.01(c)(iv)
- **Heading:** Reviewing “No Fixed Physical Address” Explanation
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** USPTO TMEP / Chapter 0600 - Attorney, Representative, Correspondence, and Signature / TMEP § 601.01(c)(iv)

## Text

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.

## Nearby sections

- [TMEP § 601 Requirement for Representation Based on Domicile of Mark Owner](https://www.frixlaw.com/law-library/statutes/TMEP_S601.md)
- [TMEP § 601.01 Determining an Owner’s Domicile](https://www.frixlaw.com/law-library/statutes/TMEP_S601.01.md)
- [TMEP § 601.01(a) Owners with a Non-U.S. Domicile](https://www.frixlaw.com/law-library/statutes/TMEP_S601.01(a).md)
- [TMEP § 601.01(b) Owners with a U.S. Domicile](https://www.frixlaw.com/law-library/statutes/TMEP_S601.01(b).md)
- [TMEP § 601.01(c)(i) Determining the Acceptability of Domicile Addresses](https://www.frixlaw.com/law-library/statutes/TMEP_S601.01(c)(i).md)
- [TMEP § 601.01(c)(ii) Evaluating a New Domicile Address Provided in Response to a Domicile Address Requirement](https://www.frixlaw.com/law-library/statutes/TMEP_S601.01(c)(ii).md)
- [TMEP § 601.01(c)(iii) Reviewing General Arguments or Evidence Provided in Response to a Domicile Address Requirement](https://www.frixlaw.com/law-library/statutes/TMEP_S601.01(c)(iii).md)
- [TMEP § 601.01(c)(iv) Reviewing “No Fixed Physical Address” Explanation](https://www.frixlaw.com/law-library/statutes/TMEP_S601.01(c)(iv).md)
- [TMEP § 601.01(c)(iv)(A) Response Options for Applicants or Registrants with “No Fixed Physical Address”](https://www.frixlaw.com/law-library/statutes/TMEP_S601.01(c)(iv)(A).md)
- [TMEP § 601.01(c)(iv)(B) Reviewing the Name, Title, and Domicile Address of an Individual with Legal Authority to Bind the Juristic Entity](https://www.frixlaw.com/law-library/statutes/TMEP_S601.01(c)(iv)(B).md)
- [TMEP § 601.01(c)(v) Checking the Record for a Petition to the Director to Waive the Domicile Address Requirement](https://www.frixlaw.com/law-library/statutes/TMEP_S601.01(c)(v).md)
- [TMEP § 601.01(d) Domicile Address Must Be Kept Current](https://www.frixlaw.com/law-library/statutes/TMEP_S601.01(d).md)
- [TMEP § 601.01(e) Hiding the Domicile Address](https://www.frixlaw.com/law-library/statutes/TMEP_S601.01(e).md)
- [TMEP § 601.02 Communications with Applicant or Registrant Who Is Represented by an Attorney](https://www.frixlaw.com/law-library/statutes/TMEP_S601.02.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/TMEP_S601.01(c)(iv). Check the current official text before relying on it. Not legal advice.
