Top of Notices Top of Notices   (19)  December 31, 2019 US PATENT AND TRADEMARK OFFICE Print This Notice 1469 CNOG  49 

Mail Issues, Office Closures, Postal Emergencies, etc. Referenced Items (5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100)
(19)     Closing of the United States Patent and Trademark Office
                      on Wednesday, December 5, 2018

   In view of the official closing of the Federal Government offices in the
Washington, D.C. metropolitan area, including the United States Patent and
Trademark Office (USPTO), on Wednesday, December 5, 2018, the day
proclaimed by President Trump as a National Day of Mourning, the USPTO will
consider Wednesday, December 5, 2018, to be a "Federal holiday within the
District of Columbia" under 35 U.S.C. § 21 and 37 C.F.R. §§ 1.6, 1.7, 1.9,
2.2(d), 2.195, and 2.196. Any action or fee due on Wednesday, December 5,
2018, will be deemed as timely for the purposes of, e.g.,
15 U.S.C. §§ 1051(d), 1058, 1059, 1062(b), 1063, 1064, 1126(d), and 1141k,
or 35 U.S.C. §§ 119, 120, 133, and 151, if the action is taken, or the fee
paid, on the next succeeding business day on which the USPTO is open, that
is, Thursday, December 6, 2018 (37 C.F.R. §§ 1.7(a) and 2.196), no later
than 11:59 pm EST.

   As indicated in the preceding paragraph, the USPTO will consider actions
or fees due on Wednesday, December 5, 2018, to be timely if taken or paid
on the next business day on which the USPTO is open, that is, Thursday,
December 6, 2018. An actual filing date of Wednesday, December 5, 2018,
also is available under existing procedures. Specifically,
37 C.F.R. §§ 1.6(a)(2), 2.195(a)(4), and 2.198 provide that certain
correspondence deposited in the Priority Mail Express® service of the
United States Postal Service (USPS) in accordance with 37 C.F.R. §§ 1.10 or
2.198 will be deemed filed on the date of deposit (as shown by the "date
accepted" on the mailing label) with the USPS. Thus, any paper or fee
properly deposited in the Priority Mail Express® service of the USPS on
Wednesday, December 5, 2018, in accordance with 37 C.F.R. §§ 1.10 or 2.198,
will be deemed filed on its respective date of deposit in the Priority Mail
Express® service of the USPS (as shown by a "date accepted" of Wednesday,
December 5, 2018, on the mailing label).

   In addition, 37 C.F.R. §§ 1.6(a)(4) and 2.195(a)(2) provide that patent-
and trademark-related correspondence transmitted electronically to the
USPTO will be deemed filed in the USPTO on the date the USPTO received the
electronic transmission. Thus, any patent- or trademark-related
correspondence transmitted electronically to the USPTO on Wednesday,
December 5, 2018, will be considered filed in the USPTO on the date the
USPTO received the electronic transmission. Patent correspondence
successfully received by the USPTO through the Electronic Filing System
(EFS-Web) and filed in compliance with the EFS-Web Legal Framework will
receive the date indicated on the Acknowledgement Receipt. See the Manual
of Patent Examining Procedure (MPEP) § 502.05 and the USPTO website.
Trademark filings properly filed through TEAS, TEASi, and ESSTA will
receive the date indicated in the e-mail confirmation sent at the time of
a successful filing. See the Trademark Manual of Examining Procedure
(TMEP) § 301 and Trademark Trial and Appeal Board Manual of Procedure
(TBMP) § 110.09 regarding electronic filing.

December 4, 2018                                               ANDREI IANCU
                  Under Secretary of Commerce for Intellectual Property and
                  Director of the United States Patent and Trademark Office

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