United States Postal Service Disruptions
interruption and emergency of the united states postal service
The United States Postal Service (USPS) has informed the United States Patent and Trademark Office (USPT) that, as a result of the tragic event in New York City on September 11, 2001, all post offices in the manhattan district are closed on september 12, 2001. these post offices will remain closed until further notice.
The USPT designates an interruption of USPS service in Manhattan County as an interruption of postal service and an emergency within the meaning of 35 U.S.C. 21(a). consequently, the uspto will consider the provisions of 37 c.f.r. 1.6(e) as now in effect. As soon as the USPT receives more information from the USPS on when postal services will resume in Manhattan County, the USPT will post the information on the USPT website at www.uspto.gov and a final notice will be published in the Official Gazette. about postal outage in new york city.
It would be appreciated if members of the public would bring to the attention of the uspto any other post office closings related to current events. Such information may be reported to the USPT by contacting Eugenia Jones by email at Eugenia.jones@uspto.gov or by phone at 703-306-5586, or by contacting Carol Smith by email at carol.smith@uspto. gov or by phone at 703-308-8910 (ext 149).
united states postal service outages related to express mail service
where the usps refuses to accept mail escrow for express mail delivery.
In some cases, due to the recent emergency, some post offices refuse to accept mail escrow for delivery by express mail service. The USPT also designates this interruption in USPS Priority Mail service as an interruption of postal service within the meaning of 35 U.S.C. 21(a) and 37 c.f.r. 1.6(e). furthermore, if a party attempts to deposit correspondence for delivery to the uspto with the usps by express mail under 37 cfr 1.10 (“post office express mail to addressee”) and the usps refuses to accept such correspondence, it is recommended that the party to take the following action: send the correspondence to the uspto by certified or first-class mail with a statement from the person who originally attempted to deposit the correspondence with the usps by express mail. The statement must indicate the date the person attempted to deposit the correspondence with the USPS and that the USPS refused to accept the correspondence. the declaration must be signed in accordance with 37 cfr 10.18. correspondence must be mailed as set forth in 37 cfr 1.1(a) and include the special box designation: box filing date.
where mail is placed in an express mail “box” and given an incorrect “date in”.
In some cases, a person may use an express mail “box” without realizing that the local post office does not accept express mail. in that situation, the provisions of 37 cfr 1.10(d) may apply. 37 CFR 1.10(d) is typically invoked when mail is placed in an express mail “box” before the last scheduled pickup for the box for that day, but the USPS enters an incorrect “in date” on the express mail label, usually the next day date. To invoke 37 CFR 1.10(d), however, a petition must be substantiated either by evidence from the USPS or by evidence that arose after the deposit and within one business day of the deposit of the correspondence in the express mail box (p. . , a copy of a registry book indicating that the correspondence was deposited on the date in question). see mpep 513 and tmep 702.02(e).
alternative procedure invoking “extraordinary circumstances”
If a party can show that, due to extraordinary circumstances, the above procedures could not be followed, it will be necessary to file a petition under 37 c.f.r. 1.183 (patent matters) or 2.146(a)(5) and 2.148 (trademark matters) to waive the requirements of 37 c.f.r. 1.10 to allow the uspto to give correspondence a filing date from the date express mail deposit was attempted. such request must be accompanied by a statement from the person who originally attempted to deposit the correspondence with the usps by express mail, indicating the date the deposit was attempted and that the usps refused to accept the correspondence, and be signed by such person subject to the conditions prescribed in 37 cfr 10.18.
shipping certificates under 37 cfr 1.8
Parties sending correspondence to the USPS are reminded that 37 CFR 1.8 (Certificate of Mailing or Transmission Practice) does not establish a filing date from the date of deposit with the USPS for correspondence sent under 37 see 1.8. therefore, it would be inappropriate to petition under 37 cfr 1.183 or 2.146(a)(5) and 2.148 to waive the requirements of 37 cfr 1.8.
date: September 13, 2001
/s/nicolas p. Godician Acting Undersecretary of Commerce for Intellectual Property and Acting Director of the United States Patent and Trademark Office
note: effective June 24, 2002, 37 c.f.r. §1.10(a) has been amended. the express mail procedure provided for in 37 c.f.r. §1.10 no longer applies to any of the following trademark documents:
- trademark/service mark application under §1 or §44 of the Trademark Act, 15 u.s.c. §1051 or §1126
- statement of use under §1(d) of the Trademark Act, 15 u.s.c. §1051(d)
- amendment to claim use under §1(c) of the Trademark Act, 15 u.s.c. §1051(c)
- Request for extension of time to file statement of use under §1(d) of the Trademark Act, 15 u.s.c. §1051(d)
- affidavit or statement of continued use pursuant to section 8 of the trademark law, 15 u.s.c. §1058
- renewal application under section 9 of the Trademark Act, 15 u.s.c. §1059
- combined filing under sections 8 and 9 of the Trademark Act, 15 u.s.c. §§1058 and 1059
- combined statement or affidavit under sections 8 and 15 of the Trademark Act, 15 u.s.c. §§1058 and 1065
- request for change or correct address
If the documents listed above are submitted by express mail, they will receive a filing date from the date of receipt at the office and not the date of deposit in the United States Postal Service. see notice at 67 fed. record 36099 (May 23, 2002) [pdf].