203.03 Signature
37 C.F.R §2.120(a) Any person who believes that he, she or it would be damaged by the registration of a mark on the Principal Register may file in the Office a written request, addressed to the Trademark Trial and Appeal Board, to extend the time for filing an opposition. The written request need not be verified, but must be signed by the potential opposer or by the potential opposer’s attorney, as specified in § 11.1 of this chapter, or authorized representative, as specified in § 11.1 4(b) of this chapter. Electronic signatures pursuant to 2.193(c) are required for electronically filed extension requests.
A request for an extension of time to oppose must be signed either by the potential opposer or by its attorney, as specified in 37 CFR § 11.1 or other authorized representative, as specified in 37 CFR § 11.14(b). [ Note 1.] See also TBMP § 114.06. A paper request should bear, under the written signature, the name, in typed or printed form, of the person signing; a description of the capacity in which he or she signs (e.g., as the individual who is the potential opposer, if the potential opposer is an individual; as a corporate officer, specifying the particular office held, if the potential opposer is a corporation; as potential opposer’s attorney; etc.); his or her business address (to which correspondence relating to the request will be sent); and telephone number. This information is required on the electronic form as well.
An extension request filed electronically through ESTTA does not require a conventional signature. Instead the party or its representative enters a "symbol" that has been adopted as a signature. The Board will accept any combination of letters, numbers, space and/or punctuation marks as a valid signature if it is placed between two forward slash ("/") symbols. [ Note 2.] See TBMP § 106.02.
While a request for an extension of time to oppose must be signed, an unsigned paper request will not be refused consideration if a signed copy is submitted to the Office within the time limit set in the written notification of this defect by the Board. [ Note 3.] TBMP § 106.02. An extension request filed through ESTTA cannot be electronically transmitted to the Office unless all required fields, including the signature field, are completed.
A potential opposer that has submitted an unsigned paper request should not wait until it has submitted a signed copy of the request (in response to the Board’s written notification of the defect), and the Board has acted on the request, before filing an opposition or a request for a further extension of time to oppose. If the extension request is ultimately granted, the length of the granted extension may be less than that sought in the extension request, and it will run from the expiration of the thirty-day opposition period after publication, in the case of a first request, or from the date of expiration of the previously granted extension, in the case of a subsequent request. If no opposition or request for further extension of time to oppose is filed prior to the expiration of any extension ultimately granted (after submission of a signed copy of the request) to the potential opposer, the time for opposing will be deemed to have expired, and the application that was the subject of the request will be sent for issuance of a registration or a notice of allowance, as appropriate. See TBMP § 202.01 (Time for Filing Request).
NOTES:
1. 37 CFR § 2.102(a); La Maur, Inc. v. Andis Clipper Co., 181 USPQ 783, 784 (Comm’r 1974) (extension requests signed and filed on behalf of potential opposer by its attorney acceptable).
2. 37 CFR § 2.193(c). See TMEP § 611.01(b) (Requirements for Signature), TMEP § 611.01(c) (Signature of Documents Filed Electronically).
3. 37 CFR § 2.119(e). See also Birlinn Ltd. v. Stewart, 111 USPQ2d 1905 (TTAB 2014) (Board applies opportunity to cure provision in 2.119(e) to improperly signed papers, which defines the time period for cure as "within the time limit set in the notification of this defect by the Office"); 37 CFR § 2.119(e).