606    Revocation of Power of Attorney

37 C.F.R. §2.19(a)  Revocation.

  • (1)  Authority to represent an applicant, registrant or party to a proceeding before the Office may be revoked at any stage in the proceedings of a trademark case, upon written notification signed by the applicant, registrant, or party to the proceeding, or by someone with legal authority to bind the applicant, registrant, or party (e.g., a corporate officer or general partner of a partnership).  In the case of joint applicants or joint registrants, all must sign.
  • (2) When a power of attorney is revoked, the Office will communicate directly with the applicant, registrant, or party to the proceeding, or with the new attorney or domestic representative if appropriate.
  • (3) A request to change the correspondence address does not revoke a power of attorney.
  • (4) A new power of attorney that meets the requirements of §2.17(c) will be treated as a revocation of the previous power.

Once a qualified U.S. attorney has been recognized as the representative of an applicant or registrant, the applicant or registrant may revoke the power of attorney by filing a written revocation.

Signature. The revocation must be personally signed by the individual applicant or registrant or by someone with legal authority to bind a juristic applicant or registrant (e.g., a corporate officer or general partner of a partnership).  In the case of joint applicants or registrants, all must sign. 37 C.F.R §§2.19(a)(1), 2.193(e)(3). In-house counsel may only sign a revocation if he or she also has legal authority to bind the juristic applicant or registrant (e.g., the in-house counsel is a corporate officer or general partner of a partnership).

In addition, the current attorney of record may not sign a revocation of power of attorney, revoking his or her own authority to represent the applicant or registrant. Instead, the attorney may sign and file a request to withdraw as attorney of record (see TMEP §607), or file a revocation signed by the applicant or registrant or by someone with legal authority to bind a juristic applicant or registrant.

A new qualified U.S. attorney generally cannot sign a revocation of the previous power of attorney, unless the new attorney is also someone with legal authority to bind the juristic applicant or registrant (e.g., a corporate officer or general partner of a partnership).  A new qualified U.S. attorney may submit a revocation and/or new appointment of power of attorney personally signed by the applicant or registrant through TEAS. See TMEP §611.01(c) regarding electronic signatures.  A new qualified U.S. attorney may not sign the revocation form. 37 C.F.R §2.19(a)(1).

Effect on Correspondence Address.  If the applicant or registrant files a new power of attorney with the revocation of the previous power of attorney, the address in the new power of attorney becomes the correspondence address of record.  If the applicant or registrant files a revocation without a new power of attorney, correspondence will then be sent directly to the applicant or registrant.  See TMEP §§609.02, 609.02(a).

New Power Treated as Revocation. If the applicant or registrant files a new power of attorney naming a new qualified U.S. attorney as its representative, this will be treated as a revocation of any previous power of attorney, even if the applicant or registrant does not specifically revoke the previous power.  37 C.F.R. §2.19(a)(4). The appointment also revokes recognition of any previously recognized associate power of attorney. 37 C.F.R. §2.17(c)(2).

Processing Revocations Filed After Registration. For purposes of recognition as a representative, the USPTO considers recognition of a qualified U.S. attorney in a pending application to end with registration.  37 C.F.R. §2.17(g)(1). If the recognition is established in connection with an affidavit under §8, §12(c), §15, or §71, a §9 renewal application, or a §7 request, the recognition is deemed to end upon acceptance or final rejection of the filing.  37 C.F.R. §2.17(g)(2);  TMEP §604.03.

Board Proceedings. See TBMP §116.01  regarding revocation of authority to represent parties to Board proceedings.