803.05(a) Domicile Address
Applicants must provide and keep current the address of their domicile. 37 C.F.R §§2.32(a)(2), 2.189; In re Chestek PLLC, 92 F.4th 1105, 1113, 2024 USPQ2d 297, at *8 (Fed. Cir. 2024) (domicile address requirement affirmed). An applicant’s domicile address is required for a complete application. 37 C.F.R §2.32(a)(2).
For a natural person, domicile is the permanent legal place of residence, which is the place the person resides and intends to be the person’s principal home. 37 C.F.R §2.2(o). For a juristic entity, domicile is the principal place of business, which is the entity’s headquarters where its senior executives or officers ordinarily direct and control the entity’s activities and is usually the center from where other locations are controlled. 37 C.F.R §§2.2(o) -(p). See TMEP §601.01 regarding determining domicile.
An applicant’s domicile address will determine whether the applicant is required to be represented before the USPTO by an attorney who is an active member in good standing of the bar of the highest court of a U.S. state, Commonwealth, or territory (a qualified U.S. attorney). 37 C.F.R §§2.11(a), 11.1, 11.14(e); see TMEP §§601, 602. An applicant whose domicile is not located within the United States or its territories must be represented by a qualified U.S. attorney. 37 C.F.R §2.11(a). An applicant whose domicile is within the United States or its territories may represent itself in prosecuting an application or may be represented by a qualified U.S. attorney. See TMEP §601 regarding representation requirements for mark owners based on domicile.
An applicant generally must provide its domicile street address. See 37 C.F.R §2.189; In re Chestek PLLC, 92 F.4th at 1113, 2024 USPQ2d 297, at *8. Domicile addresses should include the United States Postal Service ZIP code or its equivalent for addresses outside the United States. An address that does not identify an actual street address or that functions as a mail forwarding address generally may not serve as a domicile address. See TMEP §601.01(c) for more information.
The TEAS application forms include a dedicated field for the applicant’s domicile address and a separate field for the applicant’s mailing address. Only address information entered in the "Domicile Address" field on the TEAS form is hidden from public view. Therefore, if an applicant enters the same address in the TEAS form fields for its mailing address and its domicile address, that address will be publicly viewable.
For joint applicants, the application must set forth the domicile address for each party.
For a partnership, corporation, association, or other firm, only the domicile address of the business must be set forth and not the addresses of individual partners, officers, or members, unless the entity asserts it does not have a fixed physical address. See TMEP §601.01(c)(iv)(A) regarding the option for juristic entities asserting no fixed physical address to provide the name, title, and domicile address of a person with legal authority to bind the entity.
When necessary, the USPTO may require the applicant to furnish information or declarations to confirm the applicant's domicile address in order to determine if the applicant is subject to the requirement to be represented by a qualified U.S. attorney. 37 C.F.R §2.11(b). See TMEP §601.01(b) for more information.