605 Powers of Attorney

605.01 Requirements for Power of Attorney

37 C.F.R. §2.17(c) Requirements for power of attorney.

A power of attorney must:

(1) Designate by name at least one practitioner meeting the requirements of §11.14 of this chapter; and
(2) Be signed by the individual applicant, registrant, or party to a proceeding pending before the Office, 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. Once the applicant, registrant, or party has designated a practitioner(s) qualified to practice under §11.14 of this chapter, that practitioner may sign an associate power of attorney appointing another qualified practitioner(s) as an additional person(s) authorized to represent the applicant, registrant, or party. If the applicant, registrant, or party revokes the original power of attorney (§2.19(a)), the revocation discharges any associate power signed by the practitioner whose power has been revoked. If the practitioner who signed an associate power withdraws (§2.19(b)), the withdrawal discharges any associate power signed by the withdrawing practitioner upon acceptance of the request for withdrawal by the Office.

A power of attorney must: (1) designate by name at least one individual qualified practitioner; and (2) be signed by the individual applicant or registrant or 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. §§2.17(c), 2.193(e)(3). See TMEP §611.01(c) regarding signature of documents transmitted electronically.

If a power specifies only the name of a law firm, the USPTO will treat it as a correspondence address rather than a power of attorney. See TMEP §§609–609.04 regarding the correspondence address.

A qualified practitioner cannot sign an original power of attorney on behalf of his or her client. An original power of attorney, other than one associating an additional attorney with an already recognized attorney (see TMEP §605.03), must be signed by the individual applicant or registrant or someone with legal authority to bind a juristic applicant or registrant (e.g., a corporate officer or general partner of a partnership).

However, the filing of a power of attorney is not mandatory in a trademark case. Thus, if a power of attorney is signed by an improper person (e.g., by the named attorney) and no other qualified practitioner has been previously appointed, the USPTO generally will not require a properly signed power. If the improperly signed power of attorney is accompanied by a document that is signed by a qualified practitioner or includes the name and address of a qualified practitioner, the USPTO may recognize that qualified practitioner under 37 C.F.R. §2.17(b), separate and apart from the improperly signed power. See TMEP §604.01 regarding the three ways that a qualified practitioner may be recognized as a representative, TMEP §609.01 regarding establishment of the correspondence address in a new application, and TMEP §609.02(a) regarding the limited situations in which the USPTO will change the correspondence address to that of a qualified practitioner absent a written request to change the correspondence address.

Example: If the original application contains the name and address of a qualified practitioner (e.g., the "Attorney" section of a TEAS application contains the name and address of an attorney from a United States firm or a Canadian attorney or agent who has been recognized by the OED Director), and the application includes a power of attorney signed by the named practitioner, the USPTO will disregard the improperly signed power. However, the USPTO will recognize and correspond with the named qualified practitioner, pursuant to 37 C.F.R. §2.17(b).

However, if an applicant or registrant is already represented by a qualified practitioner, and a new qualified practitioner wishes to take action with respect to the application or registration, the new qualified practitioner must file a new power of attorney or revocation of the previous power, signed by the individual applicant or registrant or someone with legal authority to bind a juristic applicant or registrant (e.g., a corporate officer or general partner of a partnership), before the USPTO will accept filings by or correspond with the new qualified practitioner. 37 C.F.R. §2.18(a)(7). See TMEP §604.03 regarding change of attorney, TMEP §606 regarding revocation of power of attorney, and TMEP §611.06 regarding persons with legal authority to bind juristic entities.

If two or more qualified practitioners are named in a power of attorney and one practitioner changes firms, any of the named practitioners can sign and submit a notice of change of correspondence address setting forth a new address, even if the new address is at a new firm. It is not necessary to submit a new power signed by the applicant or registrant when a named practitioner changes firms. See TMEP §§609.02–609.02(f) regarding changes of correspondence address.

To expedite processing, the USPTO recommends that powers of attorney be filed through TEAS, at http://www.uspto.gov. When powers of attorney are filed through TEAS, the data is automatically entered into the USPTO’s automated records.

605.02 Power of Attorney Relating to More than One Application or Registration

37 C.F.R. §2.17(d) Power of attorney relating to multiple applications or registrations.

(1) The owner of an application or registration may appoint a practitioner(s) qualified to practice under §11.14 of this chapter to represent the owner for all existing applications or registrations that have the identical owner name and attorney through TEAS.
(2) The owner of an application or registration may file a power of attorney that relates to more than one trademark application or registration, or to all existing and future applications and registrations of that owner, on paper. A person relying on such a power of attorney must:
(i) Include a copy of the previously filed power of attorney; or
(ii) Refer to the power of attorney, specifying the filing date of the previously filed power of attorney; the application serial number (if known), registration number, or inter partes proceeding number for which the original power of attorney was filed; and the name of the person who signed the power of attorney; or, if the application serial number is not known, submit a copy of the application or a copy of the mark, and specify the filing date.

Using TEAS, at http://www.uspto.gov, an applicant or registrant may appoint a qualified practitioner to represent the owner for all existing applications or registrations that have the identical owner and qualified practitioner. 37 C.F.R. §2.17(d)(1). A power of attorney relating to future applications cannot be filed through TEAS.

An applicant or registrant may file a power of attorney on paperthat relates to more than one trademark application or registration, or to all existing and future applications and registrations. Someone relying on such a power of attorney must: (1) include a copy of the previously filed power of attorney; or (2) refer to the previously filed power of attorney, specifying: the filing date of the power; the application serial number (if known), registration number, or inter partes proceeding number for which the original power of attorney was filed; and the name of the party who signed the power of attorney; or, if the application serial number is not known, submit a copy of the application or a copy of the mark, and specify the filing date. 37 C.F.R. §2.17(d)(2). If the applicant or registrant meets these requirements, the USPTO will accept the power of attorney.

605.03 Associate Powers of Attorney

Once the applicant or registrant has designated a qualified practitioner, the practitioner may sign an associate power of attorney, appointing another qualified practitioner -- including one from a different law firm -- as an additional person authorized to represent the applicant or registrant. 37 C.F.R. §2.17(c)(2) ). Note, however, that appointment of an associate attorney from a different law firm does not change the correspondence address from that of the practitioner designated by the applicant or registrant. 37 C.F.R. §2.18(a)(7); see TMEP §§609, 609.01-609.02(b).

If the applicant or registrant revokes the original power of attorney, the revocation also discharges any associate power signed by the practitioner whose power has been revoked. 37 C.F.R. §2.17(c)(2).

If the practitioner who signed an associate power withdraws, the withdrawal discharges any associate power signed by the withdrawing practitioner upon acceptance of the request for withdrawal by the USPTO. 37 C.F.R. §2.17(c)(2).

605.04 Power of Attorney Filed After Registration

When a new power of attorney is filed on paper after registration, the USPTO scans an image of the document into its automated records, but does not change the attorney information unless the registrant concurrently takes a separate action, such as filing an affidavit under §8.

For purposes of recognition as a representative, the USPTO considers a power of attorney filed while an application is pending to end with registration, when the application is abandoned, or when ownership changes. 37 C.F.R. §2.17(g)(1). If the power is filed in connection with an affidavit under §8, §12(c), §15, or §71, a §9 renewal application, or a §7 request, the power is deemed to end upon acceptance or final rejection of the filing. 37 C.F.R. §2.17(g)(2). TMEP §604.02.

See also TMEP §1612 regarding powers of attorney filed after registration, and TMEP §609.02(e) regarding changing the correspondence address after registration.