811 Attorney Identification Information and Designation of Domestic Representative

811.01 Attorney Identification Information Required for Complete Application

If the applicant is represented by an attorney qualified under 37 C.F.R. §11.14, or is required to appoint such an attorney due to its foreign domicile, a Section 1 and/or 44 application must include the individual attorney’s name, postal address, email address, and bar information, and this information must be provided in a subsequent submission in a Section 66(a) application. 37 C.F.R. §§2.17(b)(3), 2.21(a)(2), 2.32(a)(4). The USPTO requires this information only for the attorney of record (i.e., the primary attorney) and not for associate or other-appointed attorneys. For determining when a qualified U.S. attorney must be appointed, see TMEP §§601-601.01(b) for a Section 1 and/or 44 application and §601 and §1904.02(h) and for a Section 66(a) application.

Email Address. A valid email address must be provided and maintained for the applicant’s attorney, if one is appointed to represent the applicant. See 37 C.F.R. §2.18(c). The USPTO will correspond with the attorney of record at the listed email address. The listed email address of the applicant’s attorney cannot be identical to the applicant’s email address, even for in-house counsel and attorneys representing themselves in a trademark matter. The listed email address for the attorney must be the attorney’s email address and not the email address of a third party.

Attorney Bar Information. Trademark Rule 2.17(b)(3) requires the applicant’s attorney to provide (1) the name of the U.S. state, Commonwealth, or territory in which he or she is an active member in good standing; (2) the date of his or her admission to the bar in the named U.S. state, Commonwealth, or territory; (3) the bar license number, if one is issued by the U.S. state, Commonwealth, or territory; and (4) a statement that he or she is an active member in good standing of the bar of the listed U.S. state, Commonwealth, or territory. This information is required at the time of filing for all attorneys representing applicants or registrants before the USPTO in Section 1 and/or 44 applications. See 37 C.F.R §2.17(b)(3).

If the attorney’s U.S. state, Commonwealth, or territory does not issue a bar number, this fact must be stated for the record. Otherwise, the application must provide the number used by the U.S. state, Commonwealth, or territory that licenses the attorney, which number may be called by different names, including a bar, membership, account, or identification number.

For a Section 1 and/or 44 application, the TEAS forms include specific fields to enter the bar information for the attorney of record that will not display this information in the public record. Bar information entered in the bar information fields on the attorney information page will be hidden from public view. If the attorney bar information is omitted or incomplete, the examining attorney will issue an Office action requiring such bar information and/or a statement that the attorney is an active member in good standing in the designated U.S. state, Commonwealth, or territory. See TMEP §602.01(a)for when and how an examining attorney may issue an examiner’s amendment to resolve this requirement.

If the application is filed with clearly invalid attorney identification information (e.g., John Doe, a series of question marks or letters/numerals, a single name, or the word "test"), the listed attorney does not appear to be a qualified U.S.-licensed attorney, or the listed attorney has not consented to represent the applicant, see TMEP §602.01(a) regarding examination procedures for these applications.

If the application is filed with attorney bar information that appears valid, but circumstances indicate that it is invalid because it does not identify an individual qualified to practice before the USPTO, see TMEP §602.01(a) regarding examination procedures for these applications.

TEAS Plus Applications. The TEAS Plus application form requires the attorney’s name, postal address, email address, and bar information in order for the application to validate. If the application includes clearly invalid attorney identification information, or the listed attorney does not appear to be qualified to practice before the USPTO or to have consented to represent the applicant, the applicant will be required to pay an additional processing fee. See 37 C.F.R §2.22(c). If the attorney bar information, appears valid on its face but is later determined to be invalid, the applicant will also be required to pay the additional processing fee. See id. See TMEP §819.01 and §819.01(d) regarding the TEAS Plus application requirements for attorney identification information and the additional fee required if such information is omitted or determined to be invalid.

811.02 Designation of a Domestic Representative

An applicant not domiciled in the United States may file a document designating the name, email address, and postal address of a person residing in the United States on whom may be served notices or process in proceedings affecting the mark. See 15 U.S.C. §1051(e), §1141h(d); 37 C.F.R. §2.24(a)-(b). See TMEP §610 for further information on designations of domestic representatives. The designation of a domestic representative does not authorize that person to represent the applicant before the USPTO. 37 C.F.R. §2.24(c).