611.03 Proper Person to Sign

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

Note that if an application or registration owner who is not represented by a qualified U.S. attorney becomes deceased or legally incapacitated, only a party authorized under the relevant state law regarding wills or intestate succession may sign a document required to be signed by the owner. For example, if the owner’s estate has not been settled, the executor may be an authorized party under the relevant state law. In such situations, the document must state that the owner is deceased or legally incapacitated and that the signatory is authorized to sign under the relevant state law.

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. See 37 C.F.R. §2.2(n). A person who is properly authorized to verify facts on behalf of an owner is:

A person with legal authority to bind the owner (e.g., a corporate officer or general partner of a partnership);
A person with firsthand knowledge of the facts and actual or implied authority to act on behalf of the owner; or
A qualified U.S. attorney who has a power of attorney from the owner.

See 37 C.F.R. §2.193(e)(1).

Generally, the USPTO 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 only to verifications of facts, such as applications for trademark registration, petitions to revive under 37 C.F.R. §2.66, 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. See TMEP §§611.03(d), 804, 904.07(a), 1104.10(b)(ii), 1109.11(a), 1212.07, 1604.08(a), 1613.08(a).

It does not apply to, for example, 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 or §2.147, consent agreements, or changes of correspondence address. See TMEP §§611.03(b)-(c), (e)-(i).

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 U.S. attorney, he or she may not sign responses to Office actions or authorize 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 in accordance with the following guidelines:

If the applicant or registrant is represented by a qualified U.S. attorney, the attorney must sign the submission.
If the applicant or registrant is not represented by a qualified U.S. attorney, the individual applicant or registrant or someone with legal authority to bind a juristic applicant or registrant must sign the submission. In the case of joint applicants or registrants who are not represented by a qualified U.S. attorney, all must sign the submission.

See 37 C.F.R. §§2.11(a), 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). See TMEP §611.06-611.06(h) for guidelines on persons with legal authority to bind various types of juristic entities and §§602-602.03(e) regarding persons who are qualified to represent others before the USPTO in trademark cases.

A person who is authorized to sign a verification per TMEP §611.03(a) is not entitled to sign responses to Office actions unless he or she also satisfies the signature guidelines above.

See TMEP §714.03 regarding when final action is appropriate after a pro se applicant required to have a qualified U.S. attorney files a response.

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), 2.193(e)(3).

Associate powers of attorney. Once the applicant or registrant has designated a qualified U.S. attorney, the named attorney may sign an associate power of attorney appointing another qualified U.S. attorney 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, 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), (c)(2), 2.193(e)(4); TMEP §1714.01(e). See TMEP §611.03(a) regarding who can sign a verification.

However, any response to an Office action accompanying the petition must be signed in accordance with TMEP §611.03(b).

611.03(e) Petitions to the Director

A petition to the Director under 37 C.F.R. §2.146 or §2.147 must be signed in accordance with the following guidelines:

If the petitioner is represented by a qualified U.S. attorney, the attorney must sign the petition.
If the petitioner is not represented by a qualified U.S. attorney, the individual petitioner or someone with legal authority to bind a juristic petitioner must sign. In the case of joint petitioners who are not represented by a qualified U.S. attorney, all must sign.

37 C.F.R. §§2.11(a), 2.146(c), 2.147(a)(2)(iii), (b)(2)(i), (c), 2.193(e)(5), 11.14(e); TMEP §§1705.07, 1709.01(b)-1709.03.

See TMEP §§611.06-611.06(h) for guidelines on persons with legal authority to bind various types of juristic entities and §§602-602.03(e) regarding persons who are qualified to represent others before the USPTO in trademark cases.

Petitions to the Director include a verified statement of the facts necessitating the petition; this statement must also be properly signed. 37 C.F.R. §§2.146(c), 2.147(a)(2)(iii), (b)(2)(i), (c). See TMEP §611.03(a) regarding who can sign a verification.

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

All requests for amendment, correction, or surrender of a registration must be properly signed (i.e., include a submission signature) in accordance with the following guidelines:

If the owner is represented by a qualified U.S. attorney, the attorney must sign.
If the owner is not represented by a qualified U.S. attorney, the individual owner or someone with legal authority to bind a juristic owner must sign. In the case of joint owners who are not represented by a qualified U.S. attorney, all must sign.

37 C.F.R. §§2.11(a), 2.172, 2.173(b)(2), 2.193(e)(6).

Requests for amendment or correction due to the registration owner’s mistake must also include a verification signature in accordance with TMEP §611.03(a). 37 C.F.R. §§2.173(b)(2),2.175(b)(2).

See TMEP §§611.06-611.06(h) for guidelines on persons with legal authority to bind various types of juristic entities and §§602-602.03(e) regarding persons who are qualified to represent others before the USPTO in trademark cases.

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), 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. The designation of a domestic representative must be signed in accordance with the following guidelines:

If the applicant or registrant is represented by a qualified U.S. attorney, the attorney must sign; or
If the applicant or registrant is not represented by a qualified U.S. attorney, 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 U.S. attorney, all must sign.

37 C.F.R. §§2.11(a), 2.24(b), 2.193(e)(8).

Revocation. A revocation of domestic representative must be signed following the same guidelines for when a designation of a domestic representative is filed. 37 C.F.R. §§2.11, 2.24(b), 2.193(e)(8).

Withdrawal. A withdrawal of domestic representative must be signed by an individual domestic representative or by someone legally authorized to bind a juristic domestic representative.

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 in accordance with the following guidelines:

If the applicant or registrant is represented by a qualified U.S. attorney, the attorney must sign; or
If the applicant or registrant is not required to be nor is represented by a qualified U.S. attorney, the individual applicant or registrant or someone with legal authority to bind a juristic applicant or registrant must sign. See TMEP §609.02. In the case of joint applicants or joint registrants who are not represented by a qualified U.S. attorney, all must sign.

See 37 C.F.R. §§2.11(a), 2.18(c), 2.193(e)(9); TMEP §609.02(b).