311.01(b) Signature of Answer
An answer need not be verified, but it must be signed. Electronic signatures pursuant to 37 CFR § 2.193(c) are required for answers submitted electronically via ESTTA. The signature may be made by the defendant or by the defendant’s attorney or other authorized representative. [ Note 1.] See TBMP § 106.02.
The Board views the electronic signature on the ESTTA filing form as pertaining to all attachments thereto. [ Note 2.] Thus, a defendant’s (or its attorney’s or other authorized representative’s) electronic signature on the ESTTA filing form serves as its signature for the entire answer being filed, even when there is no signature on any attachment to the filing form. [ Note 3.]
If a defendant signing for itself is an individual, the individual must make the signature. If defendants are joint applicants of the involved mark, each defendant must sign a combined, single answer. [ Note 4.] If a defendant signing for itself is a partnership, a partner must make the signature. If a defendant signing for itself is a corporation, association, or similar juristic entity, the signature must be made by an individual who is an officer of defendant and who is authorized to represent it. The signature should be accompanied by a description of the capacity in which the signing individual signs (i.e., as defendant, if defendant is an individual; as counsel for defendant; as a partner of defendant, if defendant is a partnership; as an officer of defendant identified by title, if defendant is a corporation; etc.).
Although an answer must be signed, an unsigned answer will not be refused consideration if a signed copy is submitted to the Board within the time limit set in the notification of this defect by the Board. [ Note 5.] See TBMP § 106.02.
NOTES:
1. See 37 CFR § 2.119(e).
2. PPG Industries Inc. v. Guardian Industries Corp., 73 USPQ2d 1926, 1928 (TTAB 2005) ("Since ESTTA’s inception, the Board has viewed the ESTTA filing form and any attachments thereto as comprising a single document or paper being filed with the Board."). See also Hunt Control Systems Inc. v. Koninklijke Philips Electronics N.V., 98 USPQ2d 1558, 1561 (TTAB 2011); Schott AG v. Scott, 88 USPQ2d 1862, 1863 n.3 (TTAB 2008) ("[T]he ESTTA generated filing form … is considered part of the plaintiff’s initial pleading").
3. PPG Industries Inc. v. Guardian Industries Corp., 73 USPQ2d 1926, 1928(TTAB 2005).
4. Cf. TMEP § 712.01 (a response to an Office action by joint applicants who are not represented by an attorney must be signed by each of the applicants, since they are individual parties and not a single entity).
5. See 37 CFR § 2.119(e).