1104.10(b)(ii)   Verification and Date of Execution

The verification must be signed by the applicant or a person properly authorized to sign on behalf of the applicant. 37 C.F.R. §2.76(b)(1). See 37 C.F.R. §2.193(e)(1) and TMEP §611.03(a) as to who is properly authorized to sign on behalf of an applicant. Generally, the USPTO will not question the authority of the person who signs a verification unless there is an inconsistency in the record as to the signatory’s authority to sign.

If the amendment to allege use is not filed within one year after it is signed, the examining attorney must require a substitute or supplemental verification or declaration under 37 C.F.R. §2.20 stating that the mark is still in use in commerce. See 37 C.F.R. §2.76(i); TMEP §804.03.

See TMEP §§611–611.06(h) regarding signature on correspondence filed in the USPTO.