Yes, when you file a trademark application with the United States Patent and Trademark Office (USPTO), certain information, including your mailing address, becomes part of the public record. This means your address will be accessible to anyone searching the USPTO database. However, recent changes in USPTO rules and filing practices provide ways to limit the exposure of your personal information while still meeting the legal requirements for filing.
Here’s what you need to know about the requirement to provide an address, how it’s used, and options for protecting your privacy.
Table of Contents
Why Does the USPTO Require an Address?
The USPTO requires applicants to provide a valid mailing address for several reasons:
• Establishing Identity: To identify the applicant as the legal owner of the trademark.
• Official Correspondence: To communicate with the applicant about the status of the application or additional requirements.
• Public Record: Trademark applications are public, and the USPTO maintains transparency in the registration process.
How Is Your Address Made Public?
When you submit a trademark application, the information, including your address, is entered into the USPTO’s online database. This information:
• Is visible to anyone using the Trademark Electronic Search System (TESS).
• May appear on the USPTO website and in other public trademark databases.
• Can be accessed by third-party entities, such as data aggregators or marketing companies.
What Are the Risks of Making Your Address Public?
Making your address public can lead to potential privacy concerns, including:
1. Spam and Unwanted Solicitations
Third parties often use the USPTO database to target trademark applicants with marketing offers, invoices, or other solicitations that may be confusing or misleading.
2. Personal Privacy
If you’re an individual or small business owner using your home address for the application, this could expose your personal information to the public.
3. Fraud Risks
Publicly accessible information can sometimes be exploited for fraudulent activities.
How to Protect Your Address in a Trademark Application
While you must provide a valid address to the USPTO, there are ways to minimize the exposure of your personal address:
1. Use a Business Address or P.O. Box
• If you have a business address, use it instead of your home address.
• The USPTO allows P.O. Boxes for mailing addresses, but you must also provide a physical address for legal purposes (this won’t necessarily appear in the public record).
2. Hire a Trademark Attorney
• When you work with a trademark attorney, their office address is listed as the correspondence address. This shields your personal address from public view while ensuring you receive all USPTO communications.
3. Designate a Domicile Address
• The USPTO requires a domicile address (where the applicant resides or is headquartered) but does not automatically display it in the public record if a correspondence address is provided.
• Ensure you list a separate correspondence address to minimize exposure of your domicile address.
4. Redact and Update Information When Possible
• If your personal address was inadvertently made public, you may file a petition with the USPTO to request redaction or update your correspondence address.
Recent Changes in USPTO Rules
As of August 3, 2019, the USPTO updated its rules to help protect applicants’ personal information:
• Applicants must provide a domicile address, but this address does not have to be public if a correspondence address is provided.
• Using a trademark attorney allows the attorney’s address to appear in the public record instead of the applicant’s.
How to Update Your Address
If your address changes or you want to update the address on your application, you can do so through the USPTO’s Trademark Electronic Application System (TEAS). Be sure to:
• Update both your domicile and correspondence addresses.
• Ensure the correspondence address is appropriate for public display.
Conclusion
While the USPTO requires an address in your trademark application, there are ways to protect your personal information and minimize public exposure. Using a business address, hiring an attorney, or designating a correspondence address separate from your domicile can help safeguard your privacy.
If you’re concerned about how your personal information might appear in the public record, consulting with a trademark attorney is a smart step. They can guide you through the application process, help you protect your privacy, and ensure your trademark application meets all legal requirements.