米国商標 審査ガイド Examination Guide 3-23, August 2023の解説

II. Determining the Acceptability of Domicile Addresses
Addresses that do not identify an actual street address or that function as a mail-forwarding address are presumptively unacceptable as domicile addresses. Such addresses include post office (P.O.) boxes, “care of” (c/o) addresses, commercial mail receiving agency (CMRA) addresses, registered agent (RA) addresses, private mailboxes (PMB), Army Post Office (APO) addresses, Fleet Post Office (FPO) addresses, Diplomatic Post Office (DPO) addresses, and Highway Contract Route (HCR or HC) addresses. These addresses, along with virtual office and shared workspace addresses, generally may not serve as domicile addresses because they do not identify the location of the place the person resides and that is intended to be the person’s principal home (for a natural person) or the location of a juristic entity’s headquarters where the entity’s senior executives or officers ordinarily direct and control the entity’s activities (for a juristic entity).
Examining attorneys and post-registration examiners are not required to confirm or research a listed domicile address in the initial application or maintenance filing, but they must require the applicant or registrant to provide an acceptable domicile address if:

(1) it is apparent that the address is an unacceptable type of domicile address (e.g., P.O. box, c/o, PMB, APO, FPO, DPO, HCR, or HC appears in the address); or

(2) the examining attorney receives specific guidance that the domicile address is unacceptable.

Domicile address may not be obtained by examiner’s amendment. Not all applicants understand that domicile address information entered by examiner’s amendment will become part of the public record. Therefore, examining attorneys may no longer obtain and enter an applicant’s domicile address by examiner’s amendment, even if the applicant indicates an understanding that domicile information entered in this manner will not be hidden or “masked.”

Non-U.S. citizen with U.S. address. Under current TMEP §601.01(b), if an applicant or registrant is a foreign citizen or entity with a U.S. street address and is not represented by a qualified U.S. attorney, the examining attorney or post-registration examiner must issue an Office action requiring the applicant or registrant to appoint a qualified U.S. attorney or provide documentation supporting the specified U.S. street address. Upon issuance of this examination guide, in such situations, examining attorneys and post-registration examiners will not question an otherwise acceptable U.S. street address of a foreign citizen or entity provided in an application or post-registration maintenance filing unless they receive specific guidance that the address is unacceptable. Further, a requirement to appoint a qualified U.S. attorney or provide documentation supporting the specified U.S. street address made prior to issuance of this guidance may be withdrawn.

601.01(b) Owners with a U.S. Domicile
If a U.S. address (i.e., any street address that is located within the United States and its territories) is listed as the applicant’s or registrant’s domicile in any submission, an applicant or registrant may, but generally need not, appoint a qualified U.S. attorney as its representative.
Under some circumstances, the USPTO will require the applicant or registrant to provide documentation to support its U.S. address. See 37 C.F.R §§2.11(b), 2.61(b), 2.189. For example, if the address appears incorrect, the examining attorney or post-registration specialist will issue an Office action requiring the applicant or registrant to provide documentation, such as that listed within this section, to support the specified address. If the applicant or registrant is a foreign citizen or entity with a U.S. street address, and is not represented by a qualified U.S. attorney, the examining attorney or post- registration specialist will issue an Office action requiring the applicant or registrant to either appoint a qualified U.S. attorney or provide documentation supporting the specified U.S. street address. In such cases, the Office action will also include all other applicable refusals and/or requirements. If the applicant or registrant responds by appointing a qualified U.S. attorney, the examining attorney or post-registration specialist will withdraw the requirement for documentation supporting the U.S. street address, unless the U.S. street address appears to be incorrect. The requirement will be reissued if the qualified U.S. attorney withdraws or is subsequently revoked.
An applicant or registrant who provides acceptable documentation supporting its U.S. address is not required to appoint a qualified U.S. attorney.
If the applicant responds but does not appoint a qualified U.S. attorney or provide the information necessary to support its U.S. street address, the examining attorney will issue a final action as to the requirements regarding domicile, to appoint a qualified U.S. attorney, and all other unresolved refusals and/or requirements, if the application is otherwise in condition for final action. If the registrant responds in a post-registration matter but does not appoint a qualified U.S. attorney or provide the information necessary to support its U.S. street address, the post-registration specialist will issue a second action maintaining the requirements regarding domicile, to appoint a qualified U.S. attorney, and all other unresolved refusals and/or requirements.

Examples of documents that can support a U.S. street address include the following:
(a) For an individual, documentation showing the name and listed address of the individual, such as one of the following:
(i) a current, valid signed rental, lease, or mortgage agreement;
(ii) a current, valid homeowner’s, renter’s, or motor vehicle insurance policy; or
(iii) a computer-generated bill issued by a utility company dated no earlier than 60 days before the application or post-registration document filing date.
(b) For a juristic entity, documentation showing that the address is the applicant’s or registrant’s business headquarters, such as one of the following:
(i) the most recent final annual or quarterly report or other similar report; or
(ii) a current, valid signed rental, lease, or mortgage agreement for office space.

601.01(b)(1) Post-office Box, "Care of" (c/o) Address, Address Provided by a Mail Forwarding Service, or Other Similar Variation
The USPTO allows applicants and registrants to provide a mailing address for the owner that is different from its domicile address. A post-office box, "care of" (c/o) address, address provided by a mail forwarding service, or other similar variation can be a mailing address, but in most cases cannot be a domicile address because such address usually does not identify the location of the place the person resides and intends to be the person’s principal home (for a natural person) or the location of a juristic entity’s headquarters where its senior executives or officers ordinarily direct and control the entity’s activities and tends to be the center from where other locations are controlled (for a juristic entity).
For example, a mail forwarding service is a private service that provides an address where mail can be sent to before being forwarded to a second address. If an applicant or registrant lists such an address as its domicile, or fails to provide a street address entirely, the applicant or registrant will be required to provide a street address. Alternatively, an applicant may demonstrate that the listed address is, in fact, its domicile.
If an applicant lists as its domicile address a post-office box, "care of" address, address provided by a mail forwarding service, or other similar variation, even if the address is hidden (see TMEP §601.01(d)), or no street address at all, the examining attorney or post registration specialist will require the applicant’s or registrant’s street address. See 37 C.F.R §2.32(a).
If the applicant is an unrepresented U.S. citizen who specifies a post office box, "care of" address, mail forwarding, or non-street address as the owner address, the examining attorney may contact the applicant to obtain the applicant’s domicile address and may enter the address by examiner’s amendment, if otherwise appropriate. See TMEP §609.02(b) regarding the requirements for requesting to change the correspondence address.
If the applicant or registrant adds a non-U.S. street address as its domicile, the USPTO will follow the procedures in TMEP §601.01(a). If the applicant or registrant adds a U.S. street address as its domicile, the USPTO will follow the procedures in TMEP §601.01(b).
If the applicant does not amend the listed domicile to a street address, and fails to demonstrate that the listed address is its domicile, the examining attorney will issue a final action as to the requirements regarding domicile and all other unresolved refusals and/or requirements, if the application is otherwise in condition for final action. If the registrant does not amend the listed domicile to a street address, and fails to demonstrate that the listed address is its domicile, the post-registration specialist will issue a second action maintaining the requirements regarding domicile and all other unresolved refusals and/or requirements.
No requirement for a street address should be made to U.S. government entities or federally recognized American Indian and Alaska Native tribes with a U.S. post-office box address.