611.02(a)    TEAS Signature Checkoff Boxes

On some of the TEAS forms, the person signing the response must confirm that he or she is authorized to sign the document by clicking one of three buttons indicating that he or she is:

  • (1) An applicant/registrant who is the owner or holder (or a person with legal authority to bind the owner or holder) who has not previously been represented in this matter, or was previously represented by a qualified U.S. attorney who has withdrawn or whose power has been revoked;
  • (2) A qualified U.S. attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory) who is the owner’s or holder’s current attorney, and that if the owner or holder was previously represented by a different qualified U.S. attorney, the previous power has been revoked, the previously appointed attorney has withdrawn, a new power of attorney has been filed appointing the current attorney as either the attorney or an associate attorney; or
  • (3) A Canadian trademark attorney/agent who has been appointed to represent the owner or holder and has been granted reciprocal recognition by the USPTO’s Office of Enrollment and Discipline and an authorized U.S.-licensed attorney has already been appointed.

The USPTO will accept these statements unless there is conflicting information in the record or the USPTO is otherwise made aware of conflicting information.

Example:  If an attorney lists a foreign address and checks the box indicating that he or she is an active member in good standing of the bar of the highest court of a U.S. state, the USPTO will accept this statement, as long as there is no conflicting information in the record.

Example:  If an attorney indicates that the applicant was previously unrepresented, or that the applicant was previously represented by another attorney who has withdrawn or whose power has been revoked, when, in fact, there is another attorney of record whose power has not been revoked, the USPTO must inquire into the signatory’s authority to sign, because there is inconsistent information in the record.

Example:  If the signatory checks the box indicating that he or she is a person with legal authority to bind a juristic applicant (e.g., a corporate officer or general partner of a partnership), but sets forth a title that the USPTO would not normally accept (e.g., accountant, paralegal, or trademark administrator), the USPTO will inquire into the signatory’s authority to sign, because there is inconsistent information in the record.

Example:  If, instead of checking the "attorney in good standing" box, a U.S. attorney checks one of the other boxes (i.e., indicating that the applicant is not represented by an attorney, or that the attorney is an authorized Canadian trademark attorney or agent, representing a Canadian applicant), an issue of signatory authority arises, and the USPTO will inquire into the signatory’s authority to sign, because there is inconsistent information in the record.

Exception:  If the signatory indicates that he or she is a Canadian trademark attorney or agent who has been granted reciprocal recognition by OED, and there is a qualified U.S.-licensed attorney designated, the USPTO staff must still check the OED list to verify this information.  See TMEP §602.03(a) for further information about Canadian trademark attorneys and agents.

See TMEP §611.05(a) and §712.03 regarding issuance of a notice of incomplete response where there is a question as to a signatory’s authority to sign.