The USPTO released long awaited guidelines on February 6, 2020 relating to a new requirement that trademark applicants publicly list their email addresses in each U.S. trademark application or registration. The guidelines, which are scheduled to take effect on February 15, 2020, specify that the listed address must “directly reach” and be “personally monitored” by the applicant, regardless of whether that applicant or registrant is represented by an attorney. They further advise that the applicant email address will be publicly accessible in the documents on the USPTO website (except where an applicant or registrant petitions for a fee to mask or remove the email address under “extraordinary circumstances”, which are not defined). Citing to significant concerns of data privacy, solicitation, and inefficiency, as well as an inability to successfully address the reasons for the requirement, Ladas & Parry Partners Dennis S. Prahl and Matthew D. Asbell joined 197 other U.S. trademark practitioners in a letter to Acting Commissioner Hershkowitz at the USPTO. The letter proposes to mask the provided email addresses, delay the effective date and/or reconsider the requirement.

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