117.08 Individual Not Entitled to Represent Others
An individual who is not entitled, under 37 C.F.R. § 11.14(a), 37 C.F.R. § 11.14(b), 37 C.F.R. § 11.14(c) or 37 C.F.R. § 11.14(e), to practice before the Office in trademark cases, will not be permitted to represent a party in a proceeding before the Board, and may not file submissions on behalf of the party. [ Note 1.] If it comes to the attention of a Board attorney that such an individual is attempting to represent a party in a Board proceeding, the Board attorney will bring the matter to the attention of the Chief Administrative Trademark Judge, who will coordinate appropriate action with the Office of Enrollment and Discipline. Moreover, no Board correspondence intended for the party will be sent to the individual. Rather, the Board will send such correspondence to the party itself, or to the party’s attorney or other authorized representative entitled to practice before the USPTO in trademark cases. [ Note 2.] However, under certain circumstances, where a submissions is signed by an individual not authorized to practice before the Office, the Board may allow time to cure the signature defect. [ Note 3.] See also TBMP §114.06.
NOTES:
1. See TMEP § 602 (Person Authorized to Practice Before USPTO in Trademark Matters).
2. See 37 C.F.R. § 2.18.
3. See, e.g., 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").