114.06 Individual Not Recognized to Represent Others
An individual who is not recognized, 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. See TBMP § 114.03-TBMP § 114.05 regarding recognition of who may practice before the USPTO in trademark matters.
If it comes to the attention of the Board that an individual who is not recognized, 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, is attempting to represent a client in a Board proceeding, the Board will notify the individual that he or she is not entitled to do so. If the individual signs and files a submission on behalf of a client to a Board proceeding, the submission will not be considered unless a new copy thereof, signed by the party or by an authorized representative who is entitled to practice before the Office in trademark cases, is filed. If an individual not authorized to practice before the Office signs an extension of time to oppose and/or a notice of opposition or a petition for cancellation and it comes to the Board’s attention, the Board will notify the individual that he or she is not entitled to do so and allow the party time in which to cure the defect. [ Note 1.]
However, no Board correspondence intended for the party will be sent to that individual. Rather, the Board will send such correspondence to the party itself, or to the party’s attorney or to the party's domestic representative if appropriate. [ Note 2.] See TBMP § 117 (Correspondence – With Whom Held).
NOTES:
1. Birlinn Ltd. v. Stewart, 111 USPQ2d 1905, 1908 (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 C.F.R. § 2.119(e).