At a USPTO focus session held in June, it was suggested that one reason for NOT authorizing email communication was that it allowed receipt of a PAPER Notice of Publication approximately three (3) weeks before the actual publication date, which was deemed very beneficial. The USPTO is pleased to announce that beginning the week of October 24, we have now placed into production a mechanism that will allow the same advantage through an email authorization.
Specifically, on the date that the paper notice would normally be sent, for anyone who has authorized email communication, we will now send an email "Notification of Notice of Publication." This notification will indicate the future date of publication, and will allow you to go to TDR to download the notice (which will be identical to the paper notice, except for the inclusion of email address(es)* on the bottom).
Then, on the actual date of publication, the same email that is currently being distributed will be sent, advising that the mark HAS published and that it can be reviewed in the Official Gazette (providing a link to that OG). This second email will be identified in the prosecution history as "Notice of Actual Publication."
We believe that this will be an impetus to switch to the authorization of email communication.
*The reference to "address(es)" is to highlight that in TEAS 4.9, scheduled for deployment November 19, applicants will have the opportunity to list multiple email addresses for receipt of electronic communications from the USPTO. One email address will still be the primary email and any other email addresses designated by an applicant will be deemed "courtesy emails." That means that if an email to the primary email address bounces back to the USPTO as undeliverable, the USPTO will again attempt email delivery, if it can be determined why the bounceback occurred (e.g., a clear typographical error in the address as .cmo rather than .com); otherwise, a paper copy will be mailed via the United States Postal Service; however, if an email to any other address is undeliverable, no additional effort of a second email or paper copy will be made.
The only caveat is that the USPTO has no mechanism to determine if email has been delivered to a spam folder. I.e., from that perspective, delivery to a spam folder IS considered "delivery," and the USPTO will not receive any sort of undeliverable bounceback and will not make any other attempt at a second delivery. Therefore, it is important to ensure that all steps are taken to ensure delivery of USPTO emails, as per this posting in our FAQs:
How do I ensure receipt of any emails coming from the USPTO?
If you have installed Anti-Spam filters or software on your email service, please ensure that legitimate emails from TEAS@uspto.gov are not falsely identified as spam or junk. To help ensure the receipt of emails sent from a USPTO address, please note that the USPTO cannot deliver an email successfully if
1) the destination email address is not valid. Please check that the entered email address does not contain any typographical errors.
2) the destination email address is relaying the email to a different address.
3) the USPTO cannot perform a "reverse DNS look-up" of the destination email address.
4) the destination email server is blocking any email address that ends with "uspto.gov" as spam. NOTE: Email originating from "uspto.gov" may include attachments, so email from the USPTO address with attachments should not be blocked.