611.03    Proper Person to Sign

This section provides guidelines as to the proper person to sign various documents.  Unless otherwise specified by law, the following guidelines should be followed.

611.03(a)    Verification

A verification must be sworn to or supported by a declaration signed by the owner of the application or registration or a person properly authorized to verify facts on behalf of the owner.  A person who is properly authorized to verify facts on behalf of an owner is:

  • A person with legal authority to bind the owner;
  • A person with firsthand knowledge of the facts and actual or implied authority to act on behalf of the owner; or
  • A qualified practitioner who has an actual written or verbal power of attorney or an implied power of attorney from the owner.

See 37 C.F.R. §§2.193(e)(1)–2.193(e)(1)(iii).  Generally, the Office does not question the authority of the person who signs an affidavit or declaration verifying facts, unless there is an inconsistency in the record as to the signatory’s authority to sign.   See TMEP §804.04.

The broad definition of a "person properly authorized to sign on behalf of an owner" in 37 C.F.R. §2.193(e)(1)  applies onlyto verifications of facts, such as applications for trademark registration, affidavits under §8 or §71 of the Trademark Act, amendments to allege use under 37 C.F.R §2.76, statements of use under 37 C.F.R. §2.88, and declarations in support of substitute specimens or claims of acquired distinctiveness.  It does not apply to powers of attorney, revocations of powers of attorney, responses to Office actions, amendments to applications, letters of express abandonment, petitions to the Director under 37 C.F.R. §2.146, consent agreements, or changes of correspondence address.  For example, the "Trademark Administrator" of the applicant, who has firsthand knowledge of the facts alleged in the application, may sign the verified statement in support of the application, but unless he or she has legal authority to bind the applicant (e.g., is a corporate officer or general partner of a partnership), or is a qualified practitioner, he or she may not sign responses to Office actions or agree to examiner’s amendments.

611.03(b)    Responses, Amendments to Applications, Requests for Express Abandonment, Requests for Reconsideration of Final Actions, and Requests to Divide  

Responses, amendments to applications, requests for express abandonment, requests for reconsideration of final actions, and requests to divide must be signed by the individual applicant or registrant, someone with legal authority to bind a juristic applicant or registrant, or a qualified practitioner, in accordance with the following guidelines:

  • If the applicant or registrant is represented by a qualified practitioner, the practitioner must sign, except where the owner is required to sign the correspondence; or
  • If the applicant or registrant is not represented by a qualified practitioner, the individual applicant or registrant or someone with legal authority to bind a juristic applicant or registrant must sign.  In the case of joint applicants or registrants who are not represented by a qualified practitioner, all must sign.

See 37 C.F.R. §§2.62(b), 2.68(a), 2.74(b), 2.87(f), 2.163(b), 2.171(b)(1), 2.184(b)(2), 2.193(e)(2)–2.193(e)(2)(ii), 11.14(e), and 11.18(a).

See TMEP §712.01 for further guidance as to who may sign a response to an examining attorney’s Office action.

611.03(c)    Powers of Attorney and Revocations of Powers of Attorney  

Powers of attorney and revocations of powers of attorney must be signed by the individual applicant or registrant or someone with legal authority to bind a juristic applicant or registrant.  In the case of joint applicants or registrants, all must sign.  37 C.F.R. §§2.17(c)(2), 2.19(a)(1), and 2.193(e)(3).  Once the applicant or registrant has designated a qualified practitioner(s), the named practitioner may sign an associate power of attorney appointing another qualified practitioner(s) as an additional person(s) authorized to prosecute the application or registration.  37 C.F.R. §2.17(c)(2).   See TMEP §§605.01, 605.03, and 606.

611.03(d)    Petitions to Revive  

A petition to revive under 37 C.F.R. §2.66  must be signed by someone with firsthand knowledge of the facts regarding unintentional delay.  37 C.F.R. §§2.66(b)(2), 2.66(c)(2), and 2.193(e)(4); TMEP §1714.01(e).  Any response to an Office action accompanying the petition must be signed by a qualified practitioner, or by the individual applicant or someone with legal authority to bind a juristic applicant (e.g., a corporate officer or general partner of a partnership) if the applicant is not represented by an authorized practitioner ( see TMEP §611.03(b)).

611.03(e)    Petitions to the Director

A petition to the Director under 37 C.F.R. §2.146  must be signed by the petitioner, someone with legal authority to bind the petitioner, or a qualified practitioner, in accordance with the following guidelines:

  • If the petitioner is represented by a qualified practitioner, the practitioner must sign; or
  • If the petitioner is not represented by a qualified practitioner, the individual petitioner or someone with legal authority to bind a juristic petitioner must sign.  In the case of joint petitioners, all must sign.

37 C.F.R. §§2.146(c), 2.193(e)(5)–2.193(e)(5)(ii), 11.14(e), and 11.18(a); TMEP §1705.07.

611.03(f)    Amendment, Correction, or Surrender of Registration

A request for correction or amendment of a registration or a surrender of a registration must be signed by the individual owner of the registration, someone with legal authority to bind a juristic owner, or a qualified practitioner.  In the case of joint owners who are not represented by a qualified practitioner, all must sign.  37 C.F.R. §§2.171(a), 2.173(b)(2), 2.175(b)(2), and 2.193(e)(6).

611.03(g)    Renewal Applications  

A renewal application must be signed by the registrant or the registrant’s representative.  37 C.F.R. §§2.183(a)  and 2.193(e)(7).  See TMEP §§1606.06 and 1606.07 regarding filing and execution of renewal applications.

611.03(h)    Designations and Revocations of Domestic Representative  

Designation.  An applicant or registrant may designate a domestic representative by either:

  • Setting forth the name and address of the domestic representative in the initial application for registration; or
  • Filing a separate designation setting forth the name and address of the domestic representative, signed by the individual applicant or registrant, someone with legal authority to bind a juristic applicant or registrant, or a qualified practitioner.  In the case of joint applicants or registrants, all must sign.

37 C.F.R. §§2.24(a)(1)  and 2.193(e)(8).

Revocation. A revocation of domestic representative must be signed by the individual applicant or registrant, someone with legal authority to bind a juristic applicant or registrant, or a qualified practitioner.  37 C.F.R. §§2.24(b)  and 2.193(e)(8).

See TMEP §610 regarding the designation of a domestic representative by parties not domiciled in the United States.

611.03(i)    Requests to Change Correspondence Address in an Application or Registration

A request to change the correspondence address in an application or registration must be signed by the individual applicant or registrant, someone with legal authority to bind a juristic applicant or registrant, or a qualified practitioner, in accordance with the following guidelines:

  • If the applicant or registrant is represented by a qualified practitioner, the practitioner must sign; or
  • If the applicant or registrant is not represented by a qualified practitioner, the individual applicant or registrant or someone with legal authority to bind a juristic applicant or registrant must sign.  In the case of joint applicants or joint registrants, all must sign.

See37 C.F.R. §§2.18(b)(2), 2.193(e)(9)–2.193(e)(9)(ii), 11.14(e), and 11.18(a); TMEP §609.02(b).