114.01 Party May Represent Itself
A party, if domiciled in the United States or its territories, may represent itself in an ex parte or inter partes proceeding before the Board, or the party may be represented by an attorney who is licensed to practice law in the United States. [ Note 1.]
If a partnership which is a party to a Board proceeding elects to represent itself, the partnership may act through an individual who is a partner. If a party electing to represent itself is a corporation or an association, the party may act through any individual who is (1) an officer of the party and who is (2) in fact authorized to represent it. [ Note 2.] Joint owners who elect to represent themselves must act together. [ Note 3.]
However, because the governing practices and procedures in proceedings before the Board are quite technical and highly specialized, it is strongly recommended that an attorney knowledgeable about trademark law represent a party. [ Note 4.]
Please Note: Effective August 3, 2019, under 37 C.F.R. § 2.11, a foreign-domiciled party to a Board proceeding must be represented by an attorney who is an active member in good standing of the bar of the highest court of a state in the United States (including the District of Columbia or any Commonwealth or territory of the United States). [ Note 5.] Domicile for purposes of 37 C.F.R. § 2.11 means "permanent legal place of residence" of a natural person or the "principal place of business" of a juristic entity. [ Note 6.] A foreign attorney may only appear on a foreign domiciled party’s behalf if the attorney has been reciprocally recognized by the USPTO’s Office of Enrollment and Discipline. [ Note 7.] However, even if a foreign applicant has appointed a reciprocally recognized foreign attorney, a qualified attorney who is licensed to practice law in the United States still must be appointed for filing papers and corresponding with the Office. [ Note 8.] Generally, if a foreign-domiciled party appears and is not represented by U.S. counsel, the Board will suspend the proceedings and inform the party of the time frame within which it must appoint U.S. counsel to represent it before the Board. [ Note 9.]
NOTES:
1. See 37 C.F.R. § 2.11; 37 C.F.R. § 11.14(e).
2. See 37 C.F.R. § 11.14(e).
3. TMEP § 803.03(d). Cf. 37 C.F.R. § 2.193(e)(2)(ii) ("in the case of joint owners who are not represented by a qualified practitioner, all must sign.").
4. Hole In 1 Drinks, Inc. v. Lajtay, 2020 USPQ2d 10020, at *1 (TTAB 2020) (quoting TBMP Section 114.01, and noting that compliance with the Trademark Rules of Practice, and where applicable, the Federal Rules of Civil Procedure and the Federal Rules of Evidence, is required of all parties even those who assume the responsibility and risk of representing themselves).
5. 37 C.F.R. § 2.11, TMEP § 601. See also REQUIREMENT OF U.S. LICENSED ATTORNEY FOR FOREIGN TRADEMARK APPLICANTS AND REGISTRANTS, 84 Fed. Reg. 31498, 31498-31501 (July 2, 2019).
6. 37 C.F.R. § 2.2(o) TMEP § 601.01.
7. 37 C.F.R. § 11.14(c)(1). See also TMEP § 602.03.
8. 37 C.F.R. § 11.14(c)(2); 37 C.F.R. § 2.17(b) and 37 C.F.R. § 2.17(c). See REQUIREMENT OF U.S. LICENSED ATTORNEY FOR FOREIGN TRADEMARK APPLICANTS AND REGISTRANTS, 84 Fed. Reg. 31498, 31501 (July 2, 2019); Cloudworks Consulting Services Inc. v. Ongoing Operations, LLC, 2020 USPQ2d 10019, at *1 (TTAB 2020) ("A reciprocally recognized attorney or agent may only appear as an additionally appointed practitioner. A qualified attorney licensed to practice law in the United States, or in any Commonwealth or territory of the United States, must still be appointed as the party’s representative who will file documents with the Board and with whom the Board will correspond."). See also TMEP § 602.03.
9. See Cloudworks Consulting Services Inc. v. Ongoing Operations, LLC, 2020 USPQ2d 10019, at *1 (TTAB 2020) (Board suspended proceedings pending appointment of United States counsel). See also Trademark Examination Guide 4-19 (Revised) at 8 (September 2019), available at www.uspto.gov.