114.04 Representation by Non-lawyer (i.e., "Other Authorized Representative" )
The only non-lawyers permitted to represent others in trademark cases before the Office, including proceedings before the Board, are those who were recognized to practice before the Office in trademark cases prior to January 1, 1957. [ Note 1.] Before such a representative may take any action of any kind in a proceeding before the Board, however, the representative must file in the proceeding a written authorization from the party that he or she represents, or from another person entitled to prosecute the case (e.g., the party’s appointed attorney of record). [ Note 2.]
NOTES:
1. 37 C.F.R. § 11.14 (b); Weiffenbach v. Klempay, 29 USPQ2d 2027, 2031 (Dep’t of Comm. 1993) (patent agent, admitted to practice before the Office in patent cases after January 1, 1957, was excluded from practice before the Office); Weiffenbach v. Frank, 18 USPQ2d 1397, 1400 (consent order) (Comm’r 1991) (patent agent who engaged in unauthorized representation in trademark matters reprimanded and barred from such practice). But see 37 C.F.R. § 11.18(c) and 37 C.F.R. § 11.14(e).