Chapter 300
Filing and Receipt of Documents

302.01 Original Documents Generally Not Required

When a party files a copy of a document related to an application or registration, the USPTO will normally not require the party to submit the original document.  Copies (e.g., photocopies or fax transmissions) are acceptable unless a document is required by statute to be certified (e.g., a certified copy of a final court order pursuant to 15 U.S.C. §1119).  However, the party who filed the copy should retain the original in case questions arise as to the authenticity of the signature on the photocopy or faxed correspondence.   37 C.F.R. §2.193(b) .

Original certificates of registration are not required for requests for amendment or correction of a registration under §7 of the Trademark Act, and owners are strongly discouraged from submitting them.   TMEP §§1609.01(b) , 1609.10 .

302.02 Multiple Copies of Documents Should Not Be Filed

As a general rule, only one copy of each document should be filed, unless more than one copy is specifically required by statute or rule, or a USPTO employee specifically requests more than one copy.

When filing a document electronically or by fax, a party should notsend a follow-up copy unless the USPTO specifically requests a follow-up copy.   37 C.F.R. §2.193(g)(2) .  Submission of duplicate documents can delay processing. See In re Allegiance Staffing, 115 USPQ2d 1319, 1323 (TTAB 2015)(discouraging the submission of duplicate filings because “it merely adds to the bulk of the file and makes it more difficult to review the submissions”).

302.03 Identifying the Nature of Documents Filed

303.01 Date of Receipt

Correspondence transmitted through TEAS is considered to have been filed on the date the USPTO receives the transmission, in Eastern Time, regardless of whether that date is a Saturday, Sunday, or Federal holiday within the District of Columbia.   37 C.F.R. §2.195(a)(2) .

For paper correspondence, the date of actual receipt in the USPTO is assigned as the filing date of all correspondence.   37 C.F.R. §2.195(a) .  However, under 37 C.F.R. §§2.195(a)(1) and (3) , no paper correspondence is “received” in the USPTO on Saturdays, Sundays, or Federal holidays within the District of Columbia.  See TMEP §308 regarding response periods that end on a Saturday, Sunday, or Federal holiday within the District of Columbia.

The filing date of a fax transmission ( see TMEP §306.06 ) is the date the complete transmission is received in the USPTO, unless that date is a Saturday, Sunday, or Federal holiday within the District of Columbia, in which case the filing date is the next succeeding day that is not a Saturday, Sunday, or Federal holiday within the District of Columbia.   37 C.F.R. §2.195(a)(1) , (3) .  However, if the communication is properly filed using the “certificate of transmission” procedure under 37 C.F.R. §2.197 , the USPTO looks to the date on the certificate to determine whether the filing is timely.   TMEP § 306.05(c) .

Similarly, if a document is mailed to the USPTO using the “certificate of mailing” procedure under 37 C.F.R. §2.197 ( TMEP §§305.02–305.02(h) ), the filing date is the date of receipt in the USPTO, but the USPTO looks to the date on the certificate to determine whether the filing is timely.   TMEP §305.02(e) .

See TMEP §1904.01(b) regarding the filing date of a request for an extension of protection of an international registration to the United States under §66(a) of the Trademark Act, 15 U.S.C. §1141f(a) .  

303.02 Acknowledgment of Receipt

304.01 Communications Acceptable Via Electronic Mail

Applicants and registrants may use e-mail only to conduct informal communications regarding a particular application or registration as an alternative to telephone communications. See TMEP §§ 709.04 , 709.05 .  

For example, an applicant may submit via e-mail:

• Questions regarding an outstanding Office action that do not constitute a response;
• Authorization to issue an examiner’s amendment or priority action ( see TMEP §§707.01 , 708.01 );
• Objection to an examiner’s amendment ( see TMEP §§707 , 707.02 );
• Notification of termination of a cancellation proceeding that is the basis for suspension ( see TMEP §716.02(a)) ;
• Request to arrange a convenient time to speak by telephone.

See TMEP § 304.02 regarding communications that are not acceptable via e-mail.

Attachments: As part of an informal communication, if an applicant’s or registrant’s e-mail contains one or more attachments, the USPTO will only open and view the attachments if they are in .jpg or .pdf format and are legible. The USPTO will not open attachments in any other format.

The examining attorney must ensure that all relevant informal e-mail communications from applicants are entered into the electronic record.  See TMEP §§709.04 and 709.05 for further information.

304.02 Communications Not Acceptable Via Electronic Mail

E-mail may not be used to file applications for registration of marks, responses to Office actions, pre- or post-publication amendments to an application, changes of correspondence address, appointments or revocations of attorneys, attorney withdrawal requests, petitions, documents required by statute to show use of a mark in commerce or to request an extension of time to show such use, and post-registration maintenance documents, proposed amendments, or responses to Post Registration Office actions.  These documents may be filed electronically using TEAS. Responses to Office actions sent via e-mail will not be accorded a date of receipt. 37 C.F.R. §2.62(c) .

Further, e-mail may not be used to request an advisory opinion as to the likelihood of overcoming a refusal or requirement. The examining attorney or Post Registration specialist should advise the applicant to file a formal response for consideration of arguments regarding any refusal or requirement.

See TMEP § 304.01 regarding communications that are acceptable via e-mail, § 709.04 regarding telephone and e-mail communications, and § 709.05 regarding informal communications.

The Board does not accept e-mail communications.

304.03 Authorization of Official Correspondence from the USPTO by Electronic Mail

The USPTO will send official correspondence concerning an application or registration by e-mail only if e-mail communication is authorized by the applicant, registrant, or a practitioner qualified under 37 C.F.R.§11.14 who has been authorized by the applicant or registrant to act on its behalf.

The applicant, registrant, or qualified practitioner may authorize the USPTO to communicate by e-mail by so indicating in the initial application or in any official written communication.  The authorization must include the e-mail address to which e-mail is to be sent.  If the applicant, registrant, or the applicant’s qualified practitioner authorizes the USPTO to send official correspondence by e-mail, one primary e-mail address may be designated, as well as up to four secondary e-mail addresses for duplicate courtesy copies of the correspondence. See TMEP §403 regarding treatment of undeliverable e-mail correspondence.

The USPTO is not required to send Office actions and other official correspondence by e-mail whenever the applicant or registrant authorizes e mail correspondence. The USPTO may send certain correspondence by e mail, regular mail, fax, or other appropriate means.

It is the responsibility of the applicant, registrant, or qualified practitioner to notify the USPTO of any changes of e-mail address.   TMEP §609.03 .

The Office considers any authorization for e-mail communications to end upon the date of registration of a mark. Note, however, that a courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to all e-mail addresses of record within the Correspondence and Current Owner(s) Information fields, as indicated in Office records. See TMEP §§1604.02 and 1613.02 .

305.01 Mailing Addresses

Documents filed through TEAS are automatically sent to the appropriate location.

For trademark-related documents filed on paper, except for documents sent to the Assignment Recordation Branch for recordation, requests for copies of trademark documents, and certain documents filed under the Madrid Protocol (listed below), all trademark-related correspondence that is mailed to the USPTO should be addressed to:

Commissioner for Trademarks

P.O. Box 1451

Alexandria,

Virginia22313-1451

The names of individual employees should not be placed on the envelopes in which official communications are sent to the USPTO.  Envelopes may be marked “Attention:  Trademark Examining Operation.”  Responses to Office actions should include the name of the examining attorney in the heading.

Documents Filed Under the Madrid Protocol

International applications under 37 C.F.R. §7.11 , subsequent designations under 37 C.F.R. §7.21 , responses to irregularity notices under 37 C.F.R. §7.14 , requests to record changes in the International Register under 37 C.F.R. §§7.23 and 7.24 , requests for transformation under 37 C.F.R. §7.31 , requests to note replacement under 37 C.F.R. §7.28 ,and petitions to the Director to review the actions of the USPTO’s Madrid Processing Unit, when filed by mail, must be mailed to:

Madrid Processing Unit

600 Dulany Street

Alexandria

Virginia22314-5793

37 C.F.R. §§2.190(e) , 7.4(b) .

Documents to be Recorded in Assignment Recordation Branch

To expedite processing, the USPTO recommends filing requests to record documents through the USPTO website, at http://etas.uspto.gov .  Documents filed electronically are recorded much faster than their paper counterparts.  Unless they are filed together with new applications, paper documents and cover sheets to be recorded in the Assignment Recordation Branch should be sent to Mail Stop Assignment Recordation Services, Director of the United States Patent and Trademark Office, P. O. Box 1450, Alexandria VA  22313‑1450.   37 C.F.R. §§2.190(c) , 3.27 .

Requests for Copies of Trademark Documents

Copies of trademark documents can be ordered through the USPTO website at http://www.uspto.gov .  Requests for copies of documents can also be faxed or e-mailed to the USPTO, with an authorization to charge the fee to a credit card or USPTO deposit account.  See TMEP §111 for additional information.

All other requests for certified or uncertified copies of trademark documents should be sent to:  Mail Stop Document Services, Director of the United States Patent and Trademark Office, P. O. Box 1450, Alexandria VA  22313‑1450.   37 C.F.R. §2.190(d) .

305.02 Certificate of Mailing Procedure

In 37 C.F.R. §2.197 , there is a “certificate of mailing or transmission” procedure to avoid lateness due to mail delay for certain trademark correspondence.  See TMEP §305.02(a) regarding trademark correspondence excluded from the certificate of mailing or transmission procedure. Under the certificate of mailing or transmission procedure, correspondence is considered to be timely even if received after the due date, if the correspondence was:  (1) deposited with the United States Postal Service as first-class mail or transmitted to the USPTO by facsimile transmission before the expiration of the filing period; and (2) accompanied by a certificate attesting to the date of deposit or transmission. 37 C.F.R. §2.197(a) .

Filers must retain a copy of the correspondence, including the signed and dated certificate.   See In re Sasson Licensing Corp., 35 USPQ2d 1510, 1512 (Comm’r Pats. 1995).

See TMEP §§305.02(a)–305.02(h) regarding the certificate of mailing procedure, and TMEP §§306.05–306.05(d) regarding the certificate of facsimile transmission procedure.

305.03 Priority Mail Express®

Documents Excluded From 37 C.F.R. §2.198

Trademark Rule 2.198, 37 C.F.R. §2.198 , provides a procedure for obtaining a filing date as of the date that correspondence is deposited as Priority Mail Express® with the USPS.  However, this procedure does not apply to the following trademark documents:

• Applications for registration of marks;
• Amendments to allege use under §1(c) of the Trademark Act, 15 U.S.C.  §1051(c) ;
• Statements of use under §1(d) of the Trademark Act, 15 U.S.C.  §1051(d) ;
• Requests for extension of time to file a statement of use under §1(d) of the Trademark Act, 15 U.S.C.  §1051(d) ;
• Affidavits of continued use under §8 of the Trademark Act, 15 U.S.C.  §1058 ;
• Renewal applications under §9 of the Trademark Act, 15 U.S.C.  §1059 ;
• Requests to change or correct addresses;
• Combined filings under §§8 and 9 of the Trademark Act, 15 U.S.C. §§1058   and 1059 ;
• Affidavits of use under §71 of the Trademark Act, 15 U.S.C.  §1141k ;
• Combined affidavits or declarations under §§8 and 15 of the Trademark Act, 15 U.S.C. §§1058   and 1065 ;
• Combined affidavits or declarations under §§71 and 15 of the Trademark Act, 15 U.S.C. §§1141k   and 1065 ;
• Responses to notices of irregularity under 37 C.F.R. §7.14 ;
• Requests for transformation under 37 C.F.R. §7.31 ; and
• Requests to note replacement under §7.28.

37 C.F.R. §§2.198(a)(1) , 7.4(b)(2) .  If the documents listed above are filed by Priority Mail Express®, they will receive a filing date as of the date of receipt in the USPTO and notthe date of deposit with USPS.   37 C.F.R. §2.195(a) ; see TMEP §303.01 .

Lost Documents

If one of the documents listed above is sent by Priority Mail Express® but is lost within the USPTO, and the applicant or registrant presents proof of actual receipt in the form of evidence that a USPTO employee signed for or acknowledged the Priority Mail Express® package (e.g., a Priority Mail Express® mailing label that bears an Office date stamp or label or the signature of a USPTO employee, or evidence from the USPS website showing that the document was actually received in the USPTO), the USPTO will grant the document a filing date as of the date of actual receipt in the USPTO .  The applicant or registrant must submit a true copy of the document(s) and an affidavit or declaration under 37 C.F.R. §2.20 attesting to the contents of the Priority Mail Express® package.  See TMEP §1711 regarding restoration of application filing dates, TMEP §1712.01 regarding reinstatement of abandoned applications, and TMEP §§1712.02–1712.02(b) regarding reinstatement of cancelled or expired registrations.

If a document is sent by Priority Mail Express® but is not received by or is lost within the USPTO, and the applicant does not have proof of actual receipt in the USPTO, the USPTO will not grant a filing date to the document.

Certificate of Mailing Under 37 C.F.R. §2.197 for Documents Sent by Priority Mail Express®

For documents other than applications for registration of marks and the Madrid-related documents listed in 37 C.F.R. §2.197(a)(2) ( see TMEP §305.02(a) ), the certificate of mailing procedure of 37 C.F.R. §2.197 may be used for documents sent by Priority Mail Express® as well as documents sent by first-class mail.  Under the certificate of mailing procedure, correspondence is considered to be timely filed even if received after the due date, if the correspondence is deposited with the USPS with sufficient postage as first-class mail before the expiration of the filing period and accompanied by a certificate attesting to the date of deposit.  Correspondence sent by Priority Mail Express® is deemed to meet the requirements of 37 C.F.R. §2.197(a)(1)(i)(A) for postage as first-class mail, because the postage for Priority Mail Express® exceeds the postage required for first-class mail.  However, to use the certificate of mailing procedure for documents mailed by Priority Mail Express®, the filer must place a certificate attesting to the date of deposit and meeting the requirements of 37 C.F.R §2.197(a)(1)(ii) on the document prior to mailing.  See TMEP §§305.02–305.02(h) for further information about the certificate of mailing procedure.

The following wording is suggested for a certificate of mailing when correspondence is sent by Priority Mail Express®:

Documents Not Excluded From 37 C.F.R. §2.198

The procedures for filing documents by Priority Mail Express® under 37 C.F.R. §2.198 may be used for documents not expressly excluded by 37 C.F.R. §2.198(a) , e.g., documents filed with the Board or the Assignment Recordation Branch of the Office.  These documents are entitled to a filing date as of the date of deposit with USPS if the filer meets the requirements of 37 C.F.R. §2.198 .  The rule requires:  (1) the document must be sent through the Priority Mail Express® Post Office to Addressee service of the USPS; (2) it must be deposited prior to the last scheduled pickup on the relevant date; (3) it must be properly addressed in accordance with the requirements of 37 C.F.R. §2.190 ; and (4) the number of the Priority Mail Express® mailing label must be placed on the document prior to mailing.

If a document is filed in accordance with the requirements of 37 C.F.R. §2.198 , but the document is not given a filing date as of the date of deposit as Priority Mail Express®, the filer may request the USPTO to change the filing date of the document, pursuant to 37 C.F.R. §2.198(c) , (d) , or (e) .  Rule 2.198(c) applies when there is a discrepancy between the filing date assigned by the USPTO and the “date accepted” entered by the USPS on the Priority Mail Express® mailing label; Rule 2.198(d) applies when the “date accepted” is incorrectly entered or omitted by the USPS; and Rule 2.198(e) applies when correspondence deposited with the USPS as Priority Mail Express® is not received by (or is lost within) the USPTO.  A petition to change the filing date of a document pursuant to 37 C.F.R. §2.198 must:

• (1)   be filed within two months of the issuance date of the action from which relief is requested, or, if there is no “issuance of an action,” within two months of the date that the party who filed the correspondence became aware that there was a problem with the USPTO’s receipt of the correspondence ( 37 C.F.R. §§2.146(d) , 2.198(c)(1) , 2.198(d)(1) , 2.198(e)(1) ; TMEP §1705.04 );
• (2) include a showing that the number of the Priority Mail Express® mailing label was placed on the correspondence prior to the original mailing ( 37 C.F.R. §§2.198(c)(2) , 2.198(d)(2) , 2.198(e)(2) );
• (3) if the filer contends that there is a discrepancy between the filing date assigned by the USPTO and the “date accepted” entered by the USPS, include a true copy of the Priority Mail Express® mailing label with the “date accepted” clearly marked ( 37 C.F.R. §§2.198(c)(3) );
• (4)   if the filer contends that the “date accepted” was entered incorrectly or omitted by the USPS, include:  (a) a showing that the correspondence was deposited as Priority Mail Express® prior to the last scheduled pickup on the requested filing date; and (b) evidence from the USPS or evidence that came into being after deposit and within one business day of the deposit of the correspondence as Priority Mail Express® ( 37 C.F.R. §2.198(d)(3) ); and
• (5) if the correspondence is lost within or never received by the USPTO, include:  (a) a true copy of the originally deposited correspondence showing the number of the Priority Mail Express® mailing label; and (b) a statement, signed by the person who deposited the documents as Priority Mail Express® with the USPS, setting forth the date and time of deposit, and stating that the copies of the correspondence and Priority Mail Express® mailing label accompanying the petition are true copies of those originally sent ( 37 C.F.R. §§2.198(e)(3) , 2.198(e)(4)) .

When correspondence to which 37 C.F.R. §2.198(a) applies is placed in a Priority Mail Express® drop box after the box has been cleared for the last time on a given day, it is considered to have been deposited as of the date of receipt indicated on the Priority Mail Express® mailing label by the USPS employee.   See Communications with the Patent and Trademark Office, 61 Fed. Reg. 56,439, 56,445 (Nov. 1, 1996).

305.04 Interruptions in U.S. Postal Service

Under 35 U.S.C. §21(a) and 37 C.F.R. §2.195(e) , if there is an interruption or emergency in the United States Postal Service, the Director may consider correspondence to have been filed in the Office on a particular date if the correspondence or a copy thereof is:  (1) filed promptly after the ending of the designated interruption or emergency; and (2) accompanied by a statement indicating that such correspondence would have been filed on that particular date if it were not for the designated interruption or emergency in the United States Postal Service.  This procedure does not apply to correspondence that is excluded from the Priority Mail Express® procedure pursuant to §2.198(a)(1).   37 C.F.R. §2.195(e)(3) .  See TMEP §305.03 regarding Priority Mail Express®.

306.01 Documents that May Not Be Filed by Facsimile Transmission

All trademark documents except those listed below may be filed by fax, and are eligible for the benefits of the certificate of transmission provided for in 37 C.F.R. §2.197 .

The following types of trademark correspondence may not be filed by fax and, if submitted by fax, will not be given a filing date:

• (1) Applications for registration of marks;
• (2) Drawings submitted under 37 C.F.R. §§2.51 , 2.52 , 2.72 , or 2.173 ;
• (3) Requests for cancellation or amendment of a registration under 15 U.S.C. §1057(e) ;
• (4) Certificates of registration surrendered for cancellation or amendment under 15 U.S.C. §1057(e) ( see TMEP §302.01 );
• (5) Correspondence to be filed with the Board;
• (6) Madrid-related correspondence submitted under 37 C.F.R. §7.11 , §7.14 , §7.21 , §7.23 , §7.24 , or §7.31 ; and
• (7) Documents that are required by statute to be certified (e.g., certified copies of court orders).

37 C.F.R. §§2.193(i) , 2.195(d) , 7.4(d) .  Applications for registration of marks may be filed through the Trademark Electronic Application System ("TEAS").

When any trademark document specifically excluded from the fax transmission procedure is received in the USPTO by fax, the document will not be accepted.   See Vibe Records, Inc. v. Vibe Media Group LLC , 88 USPQ2d 1280, 1283 (TTAB 2008) (finding faxed notice of opposition unacceptable and can be given no effect).  As a courtesy, the USPTO will attempt to notify senders whenever correspondence that falls within one of these prohibitions is sent to the USPTO by fax.

306.02 Fax Machines Designated to Accept Relevant Trademark Documents

The fax machines that are designated to accept trademark documents are attended between the business hours of 8:30 a.m. and 5:00 p.m., Eastern Time, Monday through Friday, excluding Federal holidays within the District of Columbia.

Submissions by fax should be transmitted to the location for which they are intended.  A USPTO Contacts List, which includes fax numbers, is available on the USPTO website at http://www.uspto.gov , and appears periodically in the Official Gazette.  In addition, questions about fax numbers may be directed to the Trademark Assistance Center at (571) 272-9250 or (800) 786-9199.

The USPTO does not formally acknowledge receipt of documents transmitted by fax, but USPTO fax machines will usually confirm to the sending unit that the transmission is complete.

Each fax machine location in the USPTO maintains a log comprising a collection of daily activity sheets recording all fax transmissions received.  These logs can be used as evidence of receipt in the USPTO, and may be used to reinstate applications and registrations.   See 37 C.F.R §2.64 ; TMEP §1712 . The individual activity report that pertains to a particular transmission received in the USPTO is kept with the correspondence.

306.03 Effect of Filing by Fax

The filing date of correspondence received in the USPTO by fax, regardless of whether it contains a certificate of transmission, is the date that the complete transmission is received by a USPTO fax machine, unless the transmission is completed on a Saturday, Sunday, or Federal holiday within the District of Columbia.  Correspondence for which transmission is completed on a Saturday, Sunday, or Federal holiday within the District of Columbia is given a filing date as of the next succeeding day that is not a Saturday, Sunday, or Federal holiday within the District of Columbia.   37 C.F.R. §2.195(a)(3) .

For example, a 20-minute fax transmission to the USPTO from California starting on a Friday at 8:45 p.m. Pacific Time would be completed at 9:05 p.m. Pacific Time.  The complete transmission would be received in the USPTO at approximately 12:05 a.m. Eastern Time on Saturday.  The filing date accorded to the correspondence is the date of the following business day, which in this case would be Monday (assuming that Monday is not a Federal holiday within the District of Columbia).

The phrase “complete transmission” means that the transmission was received in its entirety.  For example, if page one of a ten-page fax transmission is received in the USPTO at 11:55 p.m. on a Tuesday and page ten of that transmission is received at 12:05 a.m. Wednesday, the filing date accorded to that correspondence will be the date of that Wednesday (assuming that Wednesday is not a Federal holiday within the District of Columbia).

If the sender wants the correspondence to be considered timely filed as of the date that the transmission began, the correspondence must include a certificate of transmission under 37 C.F.R. §2.197(a) .  See TMEP §306.05(c) regarding the effect of a certificate of transmission.

306.04 Procedure for Filing by Fax

Each fax transmission session should be limited to correspondence to be filed in a single application, registration, or other proceeding before the Office.  The application serial number, registration number, or proceeding number should be entered as a part of the sender’s identification on a fax cover sheet.   37 C.F.R. §2.195(c) .  Applicants should wait until an application serial number is assigned before filing any document related to a new application by fax.   See 37 C.F.R. §2.194(a) .

It is recommended that each transmission include a cover sheet that, in addition to stating the application serial number, registration number, or proceeding number, specifies the mark, the number of pages being transmitted, and the name, address, fax number, and telephone number of the transmitting party.

Each facsimile-transmitted document must be legible.  The preferred size of the document being submitted is 8½ inches by 11 inches, letter size, or A4 paper.  Because equipment used by the Office cannot print a document larger than 8½ inches by 11 inches, correspondence should not be transmitted on larger paper.

When correspondence is filed by fax transmission, it is recommended that the sending fax machine generate a report confirming transmission for each transmission session.  This report should be retained by the sender, along with the original correspondence, as evidence of content and date of transmission.

Unless specifically requested to do so by the Office, parties should not mail follow-up copies of documents transmitted by fax.   37 C.F.R. §2.193(g)(2) .  This can delay processing.

306.05 Certificate of Transmission Procedure

Trademark Rule 2.197, 37 C.F.R. §2.197 , provides a certificate of transmission procedure to avoid lateness when correspondence is faxed within the response period but is received in the USPTO after expiration of the response period, or not received, or lost within the USPTO.  The certificate of transmission procedure may be used for any correspondence that may be filed by fax.  See TMEP §306.01 regarding documents that may not be filed by fax.

Under the certificate of transmission procedure, certain correspondence will be considered to be timely filed even if received after the end of the filing period, if the correspondence is transmitted by fax to the USPTO before the expiration of the filing period and accompanied by a certificate attesting to the date of transmission.  The person signing the certificate certifies the expectation that the transmission would be initiated before midnight, local time, on the date specified.

Filers must retain a copy of the correspondence, including the signed and dated certificate.   See In re Sasson Licensing Corp., 35 USPQ2d 1510, 1512 (Comm’r Pats. 1995).

See TMEP §306.05(d) regarding the procedure for establishing the timely filing of correspondence that was faxed to the USPTO with a certificate of transmission under 37 C.F.R. §2.197 , but was lost or misplaced.

306.06 Requirements for Certificate of Transmission Strictly Enforced  

The requirements of 37 C.F.R. §2.197 are strictly enforced, and petitions to consider a document timely filed as of the date on the certificate are denied when a party fails to comply with these requirements.  A party’s inadvertent failure to comply with the requirements of a rule is not considered an extraordinary situation that would warrant waiver of the rule under 37 C.F.R. §2.146(a)(5) or §2.148 .   See TMEP §305.02(h) and cases cited therein.