601.01(a) Owners with a Non-U.S. Domicile

Examination and post-registration. If a submission lists a foreign address (i.e., any street address that is located outside of the United States and its territories) as the applicant’s or registrant’s domicile, and the applicant or registrant is not represented by a qualified U.S. attorney, the examining attorney or post-registration specialist will issue an Office action that requires the applicant or registrant to appoint a qualified U.S. attorney as its representative and to provide that attorney’s bar information. The Office action will also include any other applicable refusals and/or requirements.

If the applicant responds, but does not appoint a qualified U.S. attorney, the examining attorney will issue a final action as to the requirement to appoint such an attorney and all other unresolved refusals and/or requirements, if the file is otherwise in condition for a final action. If the registrant responds in a post-registration matter, but does not appoint a qualified U.S. attorney, the post- registration specialist will issue a second action maintaining the requirement to appoint such an attorney and maintaining all prior unresolved 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 to appoint such an attorney. If the applicant or registrant responds by amending to a U.S. street address, but does not appoint a qualified U.S. attorney, the USPTO will follow the procedures in TMEP §606.01(b) . If the applicant or registrant responds by amending its domicile address to a U.S. post-office box, “care of” (c/o) address, address provided by a mail forwarding service, or other similar variation, the USPTO will follow the procedures in TMEP §601.01(b)(1) .

If the examining attorney or post-registration specialist issues an Office action that (1) maintains only a requirement to appoint a qualified U.S. attorney and/or for additional information under 37 C.F.R §2.11(a) , (b) , and/or (c) , or (2) maintains only the requirement for the TEAS Plus processing fee under 37 C.F.R §2.22(c) in addition to one or all of the requirements under 37 C.F.R §2.11(a) , (b) , and/or (c) , an applicant or registrant may only seek review of the requirement(s) by filing a petition to the Director under 37 C.F.R §2.146 . 37 C.F.R §§2.11(f) , 2.165 , 2.186 , 7.40 .

Further, if it is clear that the applicant or registrant is foreign-domiciled and has not appointed a qualified U.S. attorney to represent it, then amendments to the application or registration are not authorized and may not be entered. If it is not clear whether the applicant or registrant is foreign-domiciled, and the examining attorney or post-registration specialist must issue the requirements regarding domicile and to appoint a qualified U.S. attorney, then amendments to the application or registration are not authorized and may not be entered until the applicant or registrant establishes that its domicile is in the United States. For example, the examining attorney may not contact an applicant to authorize an examiner’s amendment or to issue a priority action in this situation.

Petitions, requests for reinstatement, and post-publication amendments . If the USPTO receives a petition to the Director, a request for reinstatement, or a post-publication amendment filed by a foreign domiciliary, an attorney or paralegal in the Office of the Deputy Commissioner for Trademark Examination Policy will notify the filer that appointment of a qualified U.S. attorney is required and of any other deficiencies. The applicant or registrant will be granted 60 days to appoint a qualified U.S. attorney and to supplement the petition or request for reinstatement, as appropriate. If the applicant or registrant does not appoint a qualified U.S. attorney and submit any additional necessary information within the time allowed, the petition or request for reinstatement will be denied or the amendment will not be entered. Filing a petition does not extend the time for responding to an outstanding Office action or other statutory deadline.

TTAB proceedings. The TTAB will suspend proceedings when requiring a foreign-domiciled party to appoint a qualified U.S. attorney to represent it and inform the party of the time frame within which it must appoint such an attorney. TBMP §114.01 .

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 certificate of good standing for the corporation or other business entity issued by a federal or state government agency.

601.01(c) Domicile Address Must Be Kept Current

An applicant or registrant must provide and keep current its domicile address, as defined in TMEP §601.01 , and inform the USPTO of any changes to that address. An applicant or registrant can update its domicile address with the USPTO by using the Change Address or Representative TEAS form. See TMEP §601.01(d) regarding how an applicant or registrant can hide such an address from public view.

601.01(d) Hiding the Domicile Address

TEAS new application and Change of Address or Representation forms allow an applicant or registrant to specify the owner’s mailing address in a field that will be viewable by the public and its domicile address in a separate field that is hidden from public view. If the applicant or registrant provides the same address as its mailing address and domicile address in those forms, the address will be viewable by the public. To hide the applicant’s or registrant’s domicile address from public view, the applicant or registrant must provide a mailing address that differs from its domicile address and enter the domicile address into the domicile field of a new application or Change Address or Representation TEAS form.

In an extraordinary situation, an individual applicant or registrant who does not have a mailing address that is different from its domicile address may also request a waiver of the requirement to make their address public by filing a Petition to the Director. See 37 C.F.R §2.146(a)(5) ; TMEP §1708 . In such cases, when filing the application, the applicant may enter “Petition” in the street address field of the TEAS form and separately file a petition to waive the requirement to make public their street address. If the petition is granted, the applicant must also provide an address where mail can be received. Filing a petition does not extend the time for responding to an outstanding Office action or other statutory deadline.

If an Office action is being issued that questions the validity of a domicile address that was hidden from public view, an examining attorney should not list the exact address in the Office action. However, if evidence is being attached to the Office action to support the inquiry, an examining attorney may attach evidence that identifies the address if necessary. Applicant may then later petition the USPTO to have that information redacted.

602.01(a) Attorney Identification Information Required

If the applicant is represented by an attorney qualified under 37 C.F.R §11.14 , or is required to appoint such an attorney due to its foreign domicile, the applicant must include the individual attorney’s name, postal address, e-mail address, and bar information in a Section 1 or 44(a) application, or in a subsequent submission in a Section 66(a) application. 37 C.F.R §2.11(a) , 37 C.F.R §2.22(a)(20) , 37 C.F.R §2.32(a)(4) .

The bar information for the attorney includes (1) the name of the U.S. state, Commonwealth, or territory, or the District of Columbia, in which he or she is an active member in good standing; (2) the date of his or her admission to the bar in the named U.S. state, Commonwealth, or territory, or District of Columbia; (3) the bar license number, if one is issued by the U.S. state, Commonwealth, or territory or the District of Columbia; and (4) a statement that he or she is an active member in good standing of the bar of the listed U.S. state, Commonwealth, or territory or District of Columbia.

This information must be provided for the attorney of record (i.e., the primary attorney). The attorney must provide the number used by the U.S. state, Commonwealth, or territory that licenses the attorney, which number may be called by different names, including a bar, membership, account, or identification number.

The majority of the TEAS forms include specific fields to enter attorney bar information for the attorney of record. If an applicant’s or registrant’s attorney’s bar information and/or the statement that the attorney is an active member in good standing of the referenced bar is omitted or incomplete, the examining attorney will issue an Office action requiring the attorney bar information and/or statement of active bar membership in good standing.

In cases where attorney bar information is required and all other outstanding issues may be resolved by examiner’s amendment, the examining attorney may e-mail or call the attorney about the outstanding issues, obtain his or her bar information, and ask that he or she agree to a statement of good standing, if it is not already in the record. An associate attorney authorized to represent the applicant may also authorize an examiner’s amendment for the primary attorney or record’s bar information and a statement of good standing.

Attorney bar information entered in the bar information fields on the “Attorney Information” page of TEAS forms will be hidden from public view. If entered anywhere else in the TEAS forms, the attorney bar information will not be hidden. If the examining attorney obtains the bar information to enter it by examiner’s amendment, the amendment will not include the specific information but rather will indicate only that the bar information has been provided. If an applicant e-mails the attorney bar information to the USPTO, an examining attorney must follow the normal procedure for making relevant e-mail communications part of the record and will not hide such information, unless the applicant’s attorney requests that it be hidden. See TMEP §709.04 .

602.01(b) Invalid Attorney Identification Information

If a submission includes clearly invalid attorney identification information (e.g., John Doe, a series of question marks or letters/numerals, a single name, or the word “test”), the listed attorney does not appear to be a qualified U.S.-licensed attorney, or the listed attorney has not consented to represent the applicant, the examining attorney or post- registration specialist must issue an Office action notifying the applicant or registrant that the listed attorney does not appear to be a qualified practitioner. In such cases, correspondence must be sent directly to the applicant or registrant at the address specified in the initial application or post-registration maintenance document. An examining attorney or post-registration specialist may be instructed to remove the attorney identification information from the correspondence section of the Trademark database and enter the applicant’s or registrant’s address. In addition, for a foreign-domiciled applicant, any Office action issued must make requirements for appointment of a qualified U.S. attorney and domicile information, if applicable.

If the attorney identification information appears valid, but circumstances call into question the veracity of the information, the examining attorney or post-registration staff must (1) remove the attorney identification information from the correspondence section of the Trademark database and enter the applicant’s or registrant’s address, and (2) issue an Office action notifying the applicant or registrant that the listed attorney does not appear to be a qualified U.S. attorney or has not consented to represent the applicant or registrant. In addition, the Office action must include a requirement for the attorney’s identification information (including bar credentials) if appropriate, and, for a foreign-domiciled applicant, requirements for appointment of a qualified U.S. attorney and domicile information, if applicable.

See TMEP §601.01 regarding the requirement to provide the owner’s domicile and for foreign domiciliaries to appoint a qualified U.S. attorney to represent them at the USPTO.

602.03(a) Canadian Trademark Attorneys and Agents

Currently, Canadian trademark attorneys or agents who are registered and active members in good standing with the trademark branch of the Canadian Intellectual Property Office are the only foreign attorneys or agents who may be recognized by the USPTO Office of Enrollment and Discipline (OED) Director in the presentation and prosecution of trademark matters. In any trademark matter where such an attorney or agent has been recognized and is representing an applicant or registrant, a qualified U.S. attorney must be appointed as the applicant’s or registrant’s representative who will file documents with the USPTO and with whom the USPTO will correspond. 37 C.F.R. §11.14(c)(2) . See TMEP §602.03 regarding recognition of foreign attorneys and agents in trademark matters.

To be recognized under 37 C.F.R. §11.14(c) , the Canadian trademark attorney or agent must file a written application to the OED Director for reciprocal recognition and pay the fee required by 37 C.F.R. §1.21(a)(1)(i) prior to representing a party before the USPTO. The application must include proof that the individual meets the requirements of 37 C.F.R. §11.14(c) , and must be addressed to the OED Director, Mail Stop OED, Director of the U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450. 37 C.F.R. §11.14(f) .

Once recognized by OED, a Canadian trademark attorney or agent can only represent parties located in Canada.   37 C.F.R. §11.14(c)(1) . Thus, he or she cannot represent a party located in the United States or in another foreign country before the USPTO.  For example, he or she cannot represent a Canadian national who resides in California and has access to a mailing address in Canada.

A reciprocally recognized Canadian trademark attorney or agent may on behalf of clients located in Canada: prepare, sign, and file a new application; prepare and sign other application and registration-related submissions, including responses and other formal communications, although a qualified U.S. attorney must file such submissions; otherwise communicate informally by phone or e-mail with an examining attorney or paralegal specialist on behalf of their client to discuss the application status, the contents of the examining attorney’s Office action, and possible responses to the Office action, but an appointed qualified U.S. attorney must authorize any examiner’s amendments; and receive courtesy copies of USPTO communications. See 37 C.F.R. §11.5(b)(2) .

If a Canadian trademark attorney or agent is designated as representing an applicant or registrant in a trademark matter as another appointed attorney, the USPTO staff must verify that the attorney or agent is recognized by OED, even if the individual files a document through TEAS and indicates that he or she is an authorized Canadian trademark attorney or agent who has been granted recognition by OED.  See TMEP §611.02(a) regarding TEAS checkoff boxes. OED maintains a combined list of recognized Canadian trademark attorneys or agents, which is available only on the USPTO’s internal computer network.

After verifying that the Canadian trademark attorney or agent is recognized by OED, the USPTO staff should enter an appropriate Note to the File in the record.  If the individual has not been recognized by OED, the USPTO will treat any document filed by that individual as a document filed by an unauthorized person.  See TMEP §§611.05–611.05(c) for information about processing these documents.

602.03(b) Documents Filed by Foreign Attorneys and Agents Not Reciprocally Recognized

A foreign attorney or agent who is not reciprocally recognized under 37 C.F.R. §11.14(c) by the USPTO ( see TMEP §602.03 ) is not authorized to practice before the USPTO under 37 C.F.R. §11.14 and thus may not prepare an application, response, post-registration maintenance document, or other document to be filed in the USPTO, sign responses to Office actions, or communicate with the USPTO on behalf of any applicant or registrant. Preparing a document, authorizing an amendment to an application, and submitting legal arguments in response to a requirement or refusal all constitute examples of representation of a party in a trademark matter. See 37 C.F.R. §11.5(b)(2) ; TMEP §608.01 .

If a foreign attorney or agent who does not meet the requirements of 37 C.F.R. §11.14(c) is designated or acts as a representative of a party in a trademark matter, the USPTO will treat any document submitted by the attorney or agent as a document filed by an improper party and follow the procedures in TMEP §§611.05–611.05(c) .

602.03(c) Representatives of Holders of International Registrations

In the case of an application under Trademark Act §66(a), 15 U.S.C. §1141f(a) , known in the United States as a request for extension of protection, the applicant’s appointed representative, as communicated from the International Bureau of the World Intellectual Property Organization (IB), is not authorized to practice before the USPTO unless he or she meets the requirements of 37 C.F.R. §11.14(a) , (c) , and (f) . See TMEP §609.01(a) regarding correspondence in §66(a) applications, and TMEP §§611–611.06(h) regarding signature on documents filed in the USPTO.

609.01(a) Correspondence in §66(a) Applications

The USPTO will send the first Office action in an application under Trademark Act §66(a) to the International Bureau (IB).  The IB will then send it to the applicant’s designated representative, or if no representative is designated, directly to the applicant.

If the applicant’s domicile address is located outside the United States or its territories, the first Office action will include a requirement for the applicant to appoint an attorney authorized to practice before the USPTO under 37 C.F.R. §11.14(a) and to provide the attorney’s bar information, as the USPTO presumes that all applicants filing under §66(a) are not represented in the initial application, regardless of whether there is a designated representative in that application. See 37 C.F.R. §§2.11(a) , 37 C.F.R. §2.17(b)(3) , 7.25(a) ; TMEP §602.03(c) .

Additionally, the first Office action will include a requirement for the applicant’s e-mail address; which is not currently included in the application form that the IB transmits to the USPTO. See 37 C.F.R. §2.32(a)(2) . Although the applicant’s e-mail address is not required for a §66(a) application to receive a filing date, the applicant is required to provide a valid e-mail address for receiving USPTO correspondence as one of the requirements for a complete application. 37 C.F.R. §§2.23(b) , 2.32(a)(2) ; see 37 C.F.R. §2.21(a)(1) (the rule setting forth the requirements for receiving a filing date applies only to applications based on Trademark Act Section 1 or Section 44). See TMEP §601 regarding the requirement for representation dependent on domicile, §601.01(a) regarding applicants with a non-U.S. domicile, and §803.05(b) regarding applicant’s e-mail address as a required element of an application.

After the first Office action, if the applicant has appointed a qualified U.S. attorney, such attorney will be the correspondent in the application and will receive all USPTO communications. 37 C.F.R. §2.18(a)(2) . An applicant must provide the attorney’s name, postal address, e-mail address, and bar information. 37 C.F.R. §2.32(a)(4) . The applicant must also maintain current and accurate correspondence addresses for itself and its attorney. 37 C.F.R. §2.18(c) .

If after the first action the applicant has not appointed a qualified U.S. attorney, the USPTO will send subsequent correspondence to the applicant, who is also required to maintain a valid address for correspondence. 37 C.F.R. §§2.18(a)(1) , (c) and 2.23(b)-(c) . The requirement to appoint an attorney authorized to practice before the USPTO under 37 C.F.R. §11.14(a) and to provide the attorney’s name, postal address, e-mail address, and bar information will be maintained or made final, as appropriate.

See TMEP §609.01 regarding establishing the correspondence address generally and §1904.02(h) regarding Office actions in §66(a) applications.

The USPTO will accept a properly signed request to change the applicant’s or registrant’s e-mail address in a §66(a) application or a registered extension of protection of an international registration to the United States, and will send correspondence to the new address, if appropriate. See TMEP §609.02 regarding changing the correspondence address. A request to change the applicant’s or registrant’s mailing or domicile address must be filed with the IB, not the USPTO.

To change the representative designated in the international registration (to which the IB sends correspondence), a request to record a change of the name or address of the representative designated in the international registration must be filed with the IB; it cannot be filed through the USPTO.  Forms for changing the name or address of the designated representative are available on the IB website at https://www.wipo.int/madrid/en/forms .

See TMEP §§1906.01–1906.01(i) regarding requests to record changes with the IB, and §§602.03–602.03(c) regarding foreign attorneys.

609.02(a) When the Correspondence Address May be Changed Without Using the TEAS Change of Address or Representation Form

Generally, a request to change the address for correspondence must be in writing and filed using the TEAS Change Address or Representation (CAR) form. See TMEP §609.02(b) . However, the USPTO will also construe the following as a written request to change the address for correspondence:

• (1) TEAS filings. If a qualified U.S. attorney appears by being identified in the “Attorney Information” section in a TEAS form as the representative on behalf of an applicant or registrant who is not already represented by another qualified U.S. attorney from a different firm, the USPTO will construe this as including a request to change the correspondence address to that of the attorney (however, the filing of an “associate power of attorney” or similar document does not change the correspondence address); or

  If a response to an Office action bearing a new address for the owner, or for the attorney of record if one is appointed, is submitted via TEAS, the USPTO will change the correspondence address to reflect this new address.

• (2) Permitted paper filings. If an applicant or registrant files a properly signed power of attorney ( see TMEP §605.01 ) designating a qualified U.S. attorney, the USPTO will change the correspondence address to that of the attorney named in the power, even if the applicant or registrant does not file a separate request to change the address. See TMEP §301.01 regarding the limited exceptions when paper submissions may be submitted.

37 C.F.R §§2.18(a)(2) , 2.19(a)(2) .

In these situations, the USPTO will change the correspondence address without the need to file the TEAS CAR form. In all other situations, a properly signed written request to change the correspondence address is required.   37 C.F.R. §2.18(c) , 2.193(e)(9) .  See TMEP §609.02(b) regarding the requirements for a request to change the correspondence address.

See also TBMP §§117–117.08 for information about correspondence in Board proceedings.

609.02(b) Requirements for Request to Change Correspondence Address

A request to change the correspondence address must be made in writing and be properly signed. See  37 C.F.R. §§2.18(c) , 37 C.F.R. §2.193(e)(9) . Generally, the request must be filed using the TEAS Change Address or Representation (CAR) form. 37 C.F.R. §2.23(a) ; TMEP §301 . See TMEP §609.02(a) for situations where the correspondence address may be changed without using the TEAS CAR form. The TEAS CAR form may generally be used to change the correspondence address for any application or registration that is currently active. The CAR form will not be available when an inter partes proceeding has been initiated against the subject application or registration, or when an ex parte appeal from a decision of an examining attorney has been instituted and jurisdiction has not been restored to the examining attorney. In such cases, a request to change the correspondence address must be filed via the Electronic System for Trademark Trials and Appeals.

A request to change the correspondence address cannot be entered by examiner’s amendment. See 37 C.F.R. §2.18(c) .

Once the USPTO recognizes a qualified U.S. attorney as the representative of an applicant or registrant, only that attorney or another qualified attorney from the same U.S. firm may sign a request to change the correspondence address, unless the applicant or registrant files a revocation of the previous power and/or a new power of attorney, or the previously recognized attorney files a request to withdraw. 37 C.F.R. §§2.18(a)(2) , (c) , 2.193(e)(3) , (e)(9)(i) .

If the applicant or registrant is not required to be represented and/or is not represented by a qualified U.S. attorney, the request to change the correspondence address must be signed by the individual applicant or registrant or someone with legal authority to bind a juristic applicant or registrant (e.g., a corporate officer or general partner of a partnership).  In the case of joint applicants or registrants, all must sign.   See 37 C.F.R §§2.18(a)(1) , (c) , 2.193(e)(9)(ii) , TMEP §611.02 . See TMEP §609.01 regarding establishing the correspondence address and §609.02 regarding changing the correspondence address.

If two or more qualified U.S. attorneys are properly appointed, any of the named attorneys can sign and submit a request to change the correspondence address to set forth a new address, even if the new address is at a new firm.   See 37 C.F.R. §2.193(e)(9)(i) . It is not necessary to submit a new appointment signed by the applicant or registrant when a named attorney(s) changes firms.

See TBMP §§117–117.08 for information about correspondence in Board proceedings.

609.02(c) Processing Requests to Change the Correspondence Address Before Registration

Once the correspondence address is established for a particular application, the USPTO will generally not change it unless there is a properly signed written request to do so, submitted via the TEAS Change Address or Representation form. See TMEP §609.02(b) for information about the requirements for a request to change the correspondence address, and §609.02(a) for discussion of situations in which a request to change the correspondence address is presumed.

609.02(d) Changing the Correspondence Address in Multiple Applications or Registrations

The TEAS Change Address or Representation form can be used to change the primary e-mail address for correspondence in more than one application or registration by changing the attorney e-mail address, if represented, or the owner e-mail address, if unrepresented.  An applicant, registrant, or qualified U.S. attorney may submit up to 300 application serial numbers or registration numbers at one time. Requests to change the address for more than 300 applications/registrations should not be submitted in a single TEAS form.

609.02(e) Changing the Correspondence Address After Registration

The USPTO reestablishes the correspondence address upon the examination of an affidavit under Trademark Act §8, §12(c), §15, or §71, a §9 renewal application, or a §7 request, even if there is no new power of attorney and/or separate request to change the correspondence address. 37 C.F.R. §2.18(d) ; TMEP §609.01 . The USPTO will update the Trademark database to indicate the name and address of the qualified U.S. attorney identified in the affidavit, renewal application, or §7 request, and update the correspondence address to that of the qualified attorney.   37 C.F.R. §§2.17(g)(2) , 2.18(d) .  See TMEP §604.03 regarding the duration of recognition as a representative.

If the registrant is not represented by a qualified U.S. attorney, the USPTO will update the Trademark database to indicate the registrant’s address as shown in the affidavit, renewal application, or §7 request as the correspondence address of record.

Once the USPTO establishes a correspondence address upon examination of an affidavit, renewal application, or §7 request, a written request to change the address is required to effect a change of address during the pendency of that filing. See TMEP §§609.02(a) and (b) regarding changing the correspondence address.

Owners of registrations must maintain current and accurate correspondence addresses for themselves and their attorneys, if an attorney is designated. 37 C.F.R. §§2.18(c) , 2.23(b) . If any of these addresses change, a request to change the address must be promptly filed. 37 C.F.R. §2.18(c) .

To confirm that a request to change the correspondence address was received and entered into the Trademark database, the registrant may check TSDR online at https://tsdr.uspto.gov .

See TBMP §§117–117.08  for information about correspondence in Board proceedings and TMEP §604.04 regarding change of attorney.

609.02(f) Correspondence After Recordation of Change of Ownership

The USPTO considers the recognition of a qualified U.S. attorney to end when ownership changes.   37 C.F.R. §2.17(g)(1) ; TMEP §604.03 . Additionally, the USPTO will only communicate with the applicant or registrant, if unrepresented, or the applicant’s/registrant’s attorney, if represented, at the correspondence address listed in the Trademark database. See 37 C.F.R. §2.18(a)(1) – (2) .

Recordation with the Assignment Services Branch of an assignment (or other document changing title) that includes a new owner and/or attorney address does not automatically update the correspondence address in the USPTO’s Trademark database. TMEP §503.01(b) .  To ensure that the Trademark database is updated to reflect the correct correspondence address, new owners must file a separate request through TEAS using the Change Address or Representation (CAR) form, or on paper if permitted ( see TMEP §301.01 ), to change the correspondence address. Id.

If the new owner does not file a separate request through TEAS using the CAR form, but instead files a properly signed TEAS communication (e.g., a response to an Office action or statement of use) bearing a new owner’s or attorney’s correspondence address in the proper TEAS fields, the USPTO will update the Trademark database to reflect the address of the new owner or the new owner’s qualified U.S. attorney, if applicable, even if the new owner does not specifically request a change of the correspondence address. In this situation, the USPTO will reestablish the correspondence address, using the guidelines set forth in TMEP §609.01 .  If the new owner is not represented by a qualified U.S. attorney, the correspondence address will be changed to reflect the address of the applicant or registrant, as set forth in the written communication. However, based on the new correspondence address, the new owner may be required to appoint a qualified U.S. attorney to represent it at the USPTO. See TMEP §601 regarding the requirement for representation by a qualified U.S. attorney, as determined by the domicile of the mark owner.

If a new qualified U.S. attorney signs a document or is identified as a representative in a document submitted to the USPTO on behalf of the new owner, the USPTO will recognize the new attorney even absent a new power of attorney and/or revocation of the previous power. 37 C.F.R. §2.17(b)(1)(ii) – (iii) ; see TMEP §604.03 .  However, if the previously recognized qualified U.S. attorney appears on behalf of the new owner (which might occur when the new owner is a related company), the USPTO will continue to conduct business and correspond with that attorney.  The previously recognized attorney does not have to file a new power of attorney signed by the new owner.

See also TBMP §§117–117.08  regarding correspondence in Board proceedings and TMEP §§505–505.02 regarding requests to update ownership information after recordation of a change of ownership.

611.01(a) Signature as Certificate

611.01(b) Requirements for Signature

All correspondence that requires a signature must bear either a handwritten signature personally signed in permanent ink by the person named as the signatory, or an “electronic signature” that meets the requirements of 37 C.F.R. §2.193(c) , personally entered by the signatory. 37 C.F.R §2.193(a) . The USPTO will accept a signature that meets the requirements of 37 C.F.R. §2.193(c) on all correspondence, whether included in a permitted paper submission ( see TMEP §301.01 or in a submission through TEAS or the Electronic System for Trademark Trials and Appeals (ESTTA).   37 C.F.R. §2.193(a)(2) .  See TMEP §611.01(c) regarding the signature of documents filed electronically.

All documents must be personally signed or bear an electronic signature that was personally entered by the named signatory.   37 C.F.R. §2.193(a)(1) , (c)(1) .  Another person (e.g., paralegal, legal assistant, secretary) may not sign or enter the name of an attorney or other authorized signatory.   See In re Dermahose Inc. , 82 USPQ2d 1793 (TTAB 2007) ; In re Cowan, 18 USPQ2d 1407 (Comm’r Pats. 1990).

The first and last name, and the title or position, of the person who signs a document must be set forth immediately below or adjacent to the signature.   37 C.F.R. §2.193(d) .  If the signatory’s name is not provided in full or set forth in a document, the USPTO will require that the signatory’s first and last name be stated for the record.  This information can be entered through a Note to the File in the record.

Documents must be signed by a proper party.  See TMEP §611.02 and §§611.03–611.03(i) for further information.

See TBMP §106.02 regarding signature of documents filed in Board proceedings, and §106.03 regarding the form of submissions in Board proceedings.

611.01(c) Signature of Documents Filed Electronically

In a document filed in connection with a trademark application, registration, or proceeding before the Trademark Trial and Appeal Board through TEAS or ESTTA, the party filing the document does not apply a conventional signature.  Instead, the filer does one of the following:

• (1) The signatory personally enters any combination of letters, numbers, spaces, and/or punctuation marks that the signer has adopted as a signature, placed between two forward slash (“/”) symbols.   37 C.F.R. §2.193(c)(1) .  Examples of acceptable signatures include / john doe/, / drl/, / s/, and / 544-4925/.  The signatory’s first and last name and his or her title or position must be set forth immediately beneath or adjacent to the signature. 37 C.F.R. §2.193(d) ;
• (2) The document is filled out online, printed in text form, and sent to the signatory.  The signatory personally signs the printed document in the traditional pen-and-ink manner. The signatory’s first and last name and his or her title or position must be set forth immediately beneath or adjacent to the signature. 37 C.F.R. §2.193(d) . The signature portion, along with a declaration under 37 C.F.R. §2.20 , if required, is scanned to create a .jpg or .pdf image file and attached to the document for electronic submission; or
• (3) The document is completed online, and e-mailed to the signatory for electronic signature from within TEAS. The signatory personally signs the document and it is automatically returned via TEAS to the party who requested the signature.

The USPTO will also accept a signature that meets the requirements of paragraph (1) above on documents that are permitted to be filed on paper.   37 C.F.R. §2.193(a)(2) .

All documents must be properly signed. 37 C.F.R. §2.193(a) , 11.18(a) .  The person(s) identified as the signatory must personally sign the printed form or personally enter his or her electronic signature, either directly on the TEAS form or in the e-mailed form. 37 C.F.R. §2.193(a) , (d) .  Another person (e.g., paralegal, legal assistant, or secretary) may not sign or enter the name of a qualified U.S. attorney or other authorized signatory.   See In re Dermahose Inc ., 82 USPQ2d 1793 (TTAB 2007) ; In re Cowan, 18 USPQ2d 1407 (Comm’r Pats. 1990). Just as signing the name of another person on paper does not serve as the signature of the person whose name is written, typing the electronic signature of another person is not a valid signature by that person.

The Trademark Trial and Appeal Board has held that an electronic signature on an electronic transmission through ESTTA pertains to all the attachments to the transmission.   PPG Indus., Inc. v. Guardian Indus. Corp. , 73 USPQ2d 1926 (TTAB 2005) .

See TBMP §106.02  regarding signature of documents filed in Board proceedings, and §106.03  regarding the form of submissions in Board proceedings.

611.02(a) TEAS Signature Checkoff Boxes

On some of the TEAS forms, the person signing the response must confirm that he or she is authorized to sign the document by clicking one of three buttons indicating that he or she is:

• (1) An applicant/registrant who is the owner or holder (or a person with legal authority to bind the owner or holder) who has not previously been represented in this matter, or was previously represented by a qualified U.S. attorney who has withdrawn or whose power has been revoked;
• (2) A qualified U.S. attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory) who is the owner’s or holder’s current attorney, and that if the owner or holder was previously represented by a different qualified U.S. attorney, the previous power has been revoked, the previously appointed attorney has withdrawn, a new power of attorney has been filed appointing the current attorney as either the attorney or an associate attorney; or
• (3) A Canadian trademark attorney/agent who has been appointed to represent the owner or holder and has been granted reciprocal recognition by the USPTO’s Office of Enrollment and Discipline and an authorized U.S.-licensed attorney has already been appointed.

The USPTO will accept these statements unless there is conflicting information in the record or the USPTO is otherwise made aware of conflicting information.

See TMEP §611.05(a) and §712.03 regarding issuance of a notice of incomplete response where there is a question as to a signatory’s authority to sign.

611.03(a) Verification

A verification must be sworn to or supported by a declaration signed by the owner of the application or registration or a person properly authorized to verify facts on behalf of the owner. See 37 C.F.R. §2.2(n) . A person who is properly authorized to verify facts on behalf of an owner is:

• A person with legal authority to bind the owner (e.g., a corporate officer or general partner of a partnership);
• A person with firsthand knowledge of the facts and actual or implied authority to act on behalf of the owner; or
• A qualified U.S. attorney who has a power of attorney from the owner.

See 37 C.F.R. §2.193(e)(1) .

Generally, the USPTO does not question the authority of the person who signs an affidavit or declaration verifying facts, unless there is an inconsistency in the record as to the signatory’s authority to sign. See TMEP §804.04 .

The broad definition of a “person properly authorized to sign on behalf of an owner” in 37 C.F.R. §2.193(e)(1) applies only to verifications of facts, such as applications for trademark registration, petitions to revive under 37 C.F.R. §2.66 , affidavits under §8 or §71 of the Trademark Act, amendments to allege use under 37 C.F.R. §2.76 , statements of use under 37 C.F.R. §2.88 , and declarations in support of substitute specimens or claims of acquired distinctiveness. See TMEP §§611.03(d) , 804 , 904.07(a) , 1104.10(b)(ii) , 1109.11(a) , 1212.07 , 1604.08(a) , 1613.08(a) .

It does not apply to, for example, powers of attorney, revocations of powers of attorney, responses to Office actions, amendments to applications, letters of express abandonment, petitions to the Director under 37 C.F.R. §2.146 or §2.147 , consent agreements, or changes of correspondence address. See TMEP §§611.03(b) – (c) , (e) – (i) .

For example, the “Trademark Administrator” of the applicant, who has firsthand knowledge of the facts alleged in the application, may sign the verified statement in support of the application, but unless he or she has legal authority to bind the applicant (e.g., is a corporate officer or general partner of a partnership), or is a qualified U.S. attorney, he or she may not sign responses to Office actions or authorize examiner’s amendments.

611.03(b) Responses, Amendments to Applications, Requests for Express Abandonment, Requests for Reconsideration of Final Actions, and Requests to Divide

Responses, amendments to applications, requests for express abandonment, requests for reconsideration of final actions, and requests to divide must be signed in accordance with the following guidelines:

• If the applicant or registrant is represented by a qualified U.S. attorney, the attorney must sign the submission.
• If the applicant or registrant is not represented by a qualified U.S. attorney, the individual applicant or registrant or someone with legal authority to bind a juristic applicant or registrant must sign the submission.  In the case of joint applicants or registrants who are not represented by a qualified U.S. attorney, all must sign the submission.

See 37 C.F.R. §§2.11(a) , 2.62(b) , 2.68(a) , 2.74(b) , 2.87(f) , 2.163(b) , 2.171(b)(1) , 2.184(b)(2) , 2.193(e)(2) . See TMEP §611.06-611.06(h) for guidelines on persons with legal authority to bind various types of juristic entities and §§602-602.03(e) regarding persons who are qualified to represent others before the USPTO in trademark cases.

A person who is authorized to sign a verification per TMEP §611.03(a) is not entitled to sign responses to Office actions unless he or she also satisfies the signature guidelines above.

See TMEP §714.03 regarding when final action is appropriate after a pro se applicant required to have a qualified U.S. attorney files a response.

611.03(c) Powers of Attorney and Revocations of Powers of Attorney

Powers of attorney and revocations of powers of attorney must be signed by the individual applicant or registrant or someone with legal authority to bind a juristic applicant or registrant.  In the case of joint applicants or registrants, all must sign.   37 C.F.R. §§2.17(c)(2) , 2.19(a)(1) , 2.193(e)(3) .

Associate powers of attorney. Once the applicant or registrant has designated a qualified U.S. attorney, the named attorney may sign an associate power of attorney appointing another qualified U.S. attorney as an additional person(s) authorized to prosecute the application or registration.   37 C.F.R. §2.17(c)(2) ; see TMEP §§605.01 , 605.03 , 606 .

611.03(d) Petitions to Revive

A petition to revive under 37 C.F.R. §2.66 must be signed by someone with firsthand knowledge of the facts regarding unintentional delay.   37 C.F.R. §§2.66(b)(2) , (c)(2) , 2.193(e)(4) ; TMEP §1714.01(e) . See TMEP §611.03(a) regarding who can sign a verification.

However, any response to an Office action accompanying the petition must be signed in accordance with TMEP §611.03(b) .

611.03(e) Petitions to the Director

A petition to the Director under 37 C.F.R. §2.146 or §2.147 must be signed in accordance with the following guidelines:

• If the petitioner is represented by a qualified U.S. attorney, the attorney must sign the petition.
• If the petitioner is not represented by a qualified U.S. attorney, the individual petitioner or someone with legal authority to bind a juristic petitioner must sign.  In the case of joint petitioners who are not represented by a qualified U.S. attorney, all must sign.

37 C.F.R. §§2.11(a) , 2.146(c) , 2.147(a)(2)(iii) , (b)(2)(i) , (c) , 2.193(e)(5) , 11.14(e) ; TMEP §§1705.07 , 1709.01(b)-1709.03 .

See TMEP §§611.06 – 611.06(h) for guidelines on persons with legal authority to bind various types of juristic entities and §§602-602.03(e) regarding persons who are qualified to represent others before the USPTO in trademark cases.

Petitions to the Director include a verified statement of the facts necessitating the petition; this statement must also be properly signed. 37 C.F.R. §§2.146(c) , 2.147(a)(2)(iii) , (b)(2)(i) , (c) . See TMEP §611.03(a) regarding who can sign a verification.

611.03(f) Amendment, Correction, or Surrender of Registration

All requests for amendment, correction, or surrender of a registration must be properly signed (i.e., include a submission signature) in accordance with the following guidelines:

• If the owner is represented by a qualified U.S. attorney, the attorney must sign.
• If the owner is not represented by a qualified U.S. attorney, the individual owner or someone with legal authority to bind a juristic owner must sign. In the case of joint owners who are not represented by a qualified U.S. attorney, all must sign.

37 C.F.R. §§2.11(a) , 2.172 , 2.173(b)(2) , 2.193(e)(6) .

Requests for amendment or correction due to the registration owner’s mistake must also include a verification signature in accordance with TMEP §611.03(a) . 37 C.F.R. §§2.173(b)(2) , 2.175(b)(2) .

See TMEP §§611.06-611.06(h) for guidelines on persons with legal authority to bind various types of juristic entities and §§602-602.03(e) regarding persons who are qualified to represent others before the USPTO in trademark cases.

611.03(g) Renewal Applications

A renewal application must be signed by the registrant or the registrant’s representative.   37 C.F.R. §§2.183(a) , 2.193(e)(7) .  See TMEP §1606.06 and §1606.07 regarding filing and execution of renewal applications.

611.03(h) Designations and Revocations of Domestic Representative

Designation.  The designation of a domestic representative must be signed in accordance with the following guidelines:

• If the applicant or registrant is represented by a qualified U.S. attorney, the attorney must sign; or
• If the applicant or registrant is not represented by a qualified U.S. attorney, the individual applicant or registrant or someone with legal authority to bind a juristic applicant or registrant must sign. In the case of joint applicants or registrants who are not represented by a qualified U.S. attorney, all must sign.

37 C.F.R. §§2.11(a) , 2.24(b) , 2.193(e)(8) .

Revocation. A revocation of domestic representative must be signed following the same guidelines for when a designation of a domestic representative is filed. 37 C.F.R. §§2.11 ,  2.24(b) , 2.193(e)(8) .

Withdrawal. A withdrawal of domestic representative must be signed by an individual domestic representative or by someone legally authorized to bind a juristic domestic representative.

See TMEP §610 regarding the designation of a domestic representative by parties not domiciled in the United States.

See TMEP §§611.06-611.06(h) for guidelines on persons with legal authority to bind various types of juristic entities and §§602-602.03(e) regarding persons who are qualified to represent others before the USPTO in trademark cases.

611.03(i) Requests to Change Correspondence Address in an Application or Registration

A request to change the correspondence address in an application or registration must be signed in accordance with the following guidelines:

• If the applicant or registrant is represented by a qualified U.S. attorney, the attorney must sign; or
• If the applicant or registrant is not required to be nor is represented by a qualified U.S. attorney, the individual applicant or registrant or someone with legal authority to bind a juristic applicant or registrant must sign. See TMEP §609.02 . In the case of joint applicants or joint registrants who are not represented by a qualified U.S. attorney, all must sign.

See 37 C.F.R. §§2.11(a) , 2.18(c) , 2.193(e)(9) ; TMEP §609.02(b) .

See TMEP §§611.06-611.06(h) for guidelines on persons with legal authority to bind various types of juristic entities and §§602-602.03(e) regarding persons who are qualified to represent others before the USPTO in trademark cases.

611.05(a) Notice of Incomplete Response when Authority of Person Signing Response Is Unclear

If it appears that a response to an examining attorney’s Office action is signed by an improper party, and the applicant is not required to be represented by a qualified U.S. attorney, the examining attorney must treat the response as an incomplete response, and grant the applicant 30 days, or to the end of the response period set forth in the previous Office action, whichever is longer, to perfect the response, pursuant to 37 C.F.R. §2.65(a)(2) .   See TMEP §718.03(b) . The applicant must submit a response properly signed in accordance with the guidelines in TMEP §611.03(b) . These same principles and procedures apply to responses to Office actions issued by other USPTO employees (e.g., staff in the Post Registration Section, ITU/Divisional Unit, or Office of Petitions).

See also TMEP §712.03 .

611.05(b) Replying to a Notice of Incomplete Response

If the individual whose name appears beneath the signature is an authorized signer, and the applicant is not represented by a qualified U.S. attorney or required to be represented by a qualified U.S. attorney, he or she may simply telephone or send an e-mail message to clarify the record, and the USPTO staff will make an appropriate Note to the File in the record, review the previously submitted response, and take the appropriate action.

A proper reply to a notice of incomplete response must state the nature of the relationship of the signer to the applicant or registrant.  If the signer has legal authority to bind the applicant or registrant, the person should so state, and must set forth his or her title or position.  If the signer is a qualified U.S. attorney who may practice before the USPTO pursuant to 37 C.F.R. §11.14(a) ,the attorney should identify himself or herself as such an attorney and must provide the required bar information and statement of good standing. See TMEP §§602.01 , 602.01(a) . If the signer meets the requirements of 37 C.F.R. §§11.14(b) or (c) , the person should explain how he or she meets these requirements.

In a pending application, if the person who signed the response is not an authorized signer, the applicant is not represented by a qualified U.S. attorney or required to be represented by a qualified U.S. attorney, and all proposed amendments in the improperly signed response can be resolved by an examiner’s amendment, then the individual applicant or a person with legal authority to bind a juristic applicant (e.g., a corporate officer or general partner of a partnership) may telephone the examining attorney to authorize such an amendment.  Otherwise, when the person who signed the response is not an authorized signer, the applicant must timely submit a properly signed response.  See TMEP §§611.03(b) , 611.06–611.06(h) , and 712.01 regarding the proper party to sign a response to an Office action.

See TMEP §604.04 regarding changes of attorney.

611.05(c) Unsatisfactory Response or Failure to Respond

Pending Applications. If there is an unsatisfactory response or no response is received to the notice of incomplete response issued in connection with the application, the USPTO will abandon the application for incomplete response.  See TMEP §718.03(a) for procedures for holding an application abandoned for failure to respond completely.

Post Registration.  If there is an unsatisfactory response or no response is received to the notice of incomplete response issued in connection with an affidavit of use or excusable nonuse under §8 or §71, or a §9 renewal application, the USPTO will notify the registrant that the affidavit or renewal application remains unacceptable, and that the registration will be cancelled and/or expired in due course.  In the case of a §7 request, the USPTO will notify the registrant that the request for amendment or correction is abandoned.

611.06(a) Joint Owners

Joint owners are individual parties and not a single entity.  Where a document must be signed by someone with legal authority to bind joint owners, the document must be signed by all the owners.   See 37 C.F.R. §§2.193(e)(2)(ii) , (e)(3) , (e)(5)(ii) , (e)(6) , (e)(8) , (e)(9)(ii) .

611.06(b) Signature by Partnership

Where a document must be signed by someone with legal authority to bind a partnership, a general partner must sign.  Signature by all the general partners is not necessary.  If the partnership comprises general partners who are juristic entities (e.g., the general partners are corporations), someone with legal authority to bind that type of juristic entity must sign.

In appropriate cases, a document filed by a partnership may be signed by an official other than a general partner, if the record contains an explanation or documentation indicating that the person signing the document has legal authority to bind the partnership.

611.06(c) Signature by Joint Venture

Where a document must be signed by someone with legal authority to bind a joint venture, each party to the venture must sign.  Although a joint venture has many attributes of a partnership, it is a special partnership, which is very limited in nature and scope.  Generally, signature by each party to the joint venture is necessary.

In appropriate cases, a document filed by a joint venture may be signed by a general manager or other official rather than by each of the joint venturers, if the applicant or registrant states that the person who signed has legal authority to bind the joint venture under relevant state law.

611.06(d) Signature by Corporation

Where a document must be signed by someone with legal authority to bind a corporation, a corporate officer must sign.  An officer is a person who holds an office established in the articles of incorporation or corporate bylaws.

The usual titles for officers are President, Vice-President, Secretary, Treasurer, Chief Executive Officer, Chief Operating Officer, and Chief Financial Officer.  In some organizations, the Treasurer is called a Comptroller or Controller, and these terms are acceptable.  In Maine and Massachusetts the term “Clerk” identifies an officer of a corporation.

Modifications of these basic titles are acceptable if they include the officer title.  Titles such as Vice-President for Sales, Executive Vice-President, Assistant Treasurer, Executive Secretary, and Administrative Secretary are acceptable.

The signature of the “Chairman” or “Chairman of the Board of Directors” is also acceptable, but not the signature of an individual director (e.g., the Vice-Chairman of the Board).  The terms “Executive Secretary” and “Administrative Secretary” are acceptable because they include the officer-title “Secretary.”

Some titles are generally not accepted because they usually do not identify officers.  For instance, a General Manager, or any other type of manager, is usually merely an employee, not an officer.

If the applicant or registrant states that the person who signed the response is authorized to bind the applicant or registrant under the articles of incorporation or bylaws, the USPTO will accept the signature.

A corporation cannot delegate authority to sign to someone who is not a corporate officer.   In re Textron, Inc., 183 USPQ 301 (Comm’r Pats. 1974).  Therefore, documents purporting to authorize representation, even if signed by officers, will not be accepted as establishing authority of a person who does not have authority to legally bind the corporation under its bylaws or articles of incorporation.

When the applicant or registrant is a corporation, a statement that the signatory is an “officer” or “duly authorized officer” of the corporation is acceptable.  However, it is unacceptable to state that the person who signed the verification is an “authorized signatory.”

611.06(e) Signature by Foreign Companies and Corporations

There are significant differences between the legal entities established under the laws of the United States and legal entities established and recognized under the laws of foreign countries, and the titles and duties of officers of foreign corporations and companies often differ from those in the United States.  In the case of foreign entities that are in the nature of corporations, the USPTO will accept the signature of a person considered to be equivalent to an officer under the law of the foreign country.  Indication of a title identifying the signer as a type of officer – such as “Legal Officer” or “Information Officer” – is also sufficient.

In foreign countries, a person who holds the title “Manager” or “Director” is normally an officer or the equivalent of an officer.

The term “Procurist” is used in a number of countries to indicate an officer.  For British companies, the terms “Registrar” and “Confidential Clerk” are the equivalent of officers.

If the applicant or registrant states that the person who signed the response holds a position that is the equivalent of an officer of a U.S. corporation, the USPTO will accept the signature.

Simply stating that a person has been granted authority to act on behalf of the applicant or registrant is insufficient.  Documents purporting to authorize representation, even if signed by officers, will not be accepted as establishing the authority of a person who is not the equivalent of an officer.  The applicant or registrant must state that the signatory has authority to legally bind the applicant or registrant under its bylaws or articles of incorporation.

See TMEP §611.04 regarding examples of acceptable signatories for foreign corporations and §611.06(g) regarding acceptable signatories for foreign limited liability companies.

611.06(f) Signature by Unincorporated Association

For organizations that are less formally organized than corporations (e.g., fraternal societies, unions, unincorporated associations, and governmental bodies), the titles for officers are less standardized.  These organizations frequently use more individualistic terms for titles than the terms customarily used by corporations, and the officer positions themselves may not be as clearly or as formally provided for as is the case with corporations.  Regardless of how unfamiliar the title is or how informal the position seems to be, the USPTO will accept the signature if the applicant or registrant states on the record that the signer has, within the framework of the particular organization, authority equivalent to that of an officer to act on behalf of the organization (i.e., has authority to legally bind the applicant or registrant under its bylaws or articles of formation).  Some titles that have been accepted are Director, National Director, National Commander, Permanent Chairman, International Sponsor, Supreme Ruler, Royal Impresario, and Chairman of the Steering Committee.

611.06(g) Signature by Limited Liability Company

A limited liability company (“LLC”) has attributes of both a corporation and a partnership.   See TMEP §803.03(h) .  Generally, a signatory identified as “manager,” “member,” “principal,” or “owner” may be presumed to have the authority to sign on behalf of a domestic or foreign limited liability company.  In addition, anyone with a corporate-officer-type title, such as “President” or “Chief Executive Officer,” may sign.

611.06(h) Signature by Limited Liability Partnership

A limited liability partnership (“LLP”) has attributes of both a partnership and a corporation.   See TMEP §803.03(k) .  Laws vary to some extent as to the authority conferred on various partners associated with the limited liability partnership.  Generally, all partners are recognized as having general agency authority to bind the partnership in the ordinary course of business.  Therefore, anyone identified as a partner may sign.

Many states provide for the filing of a Statement of Partnership Authority which specifically names partners having authority and/or limits the authority of certain individuals.  If an individual who is not a named partner of the LLP has been recognized as having authority to bind the LLP, that person may sign, and must indicate his or her position as an individual designated in the LLP’s Statement of Partnership Authority.