609.02(b) Requirements for Request to Change Correspondence Address
A request to change the correspondence address must be made in writing and be properly signed. See 37 C.F.R. §§2.18(c), 37 C.F.R. §2.193(e)(9). Generally, the request must be filed using the TEAS Change Address or Representation (CAR) form. 37 C.F.R. §2.23(a); TMEP §301. See TMEP §609.02(a) for situations where the correspondence address may be changed without using the TEAS CAR form. The TEAS CAR form may generally be used to change the correspondence address for any application or registration that is currently active. The CAR form will not be available when an inter partes proceeding has been initiated against the subject application or registration, or when an ex parte appeal from a decision of an examining attorney has been instituted and jurisdiction has not been restored to the examining attorney. In such cases, a request to change the correspondence address must be filed via the Electronic System for Trademark Trials and Appeals.
A request to change the correspondence address cannot be entered by examiner’s amendment. See 37 C.F.R. §2.18(c).
Once the USPTO recognizes a qualified U.S. attorney as the representative of an applicant or registrant, only that attorney or another qualified attorney from the same U.S. firm may sign a request to change the correspondence address, unless the applicant or registrant files a revocation of the previous power and/or a new power of attorney, or the previously recognized attorney files a request to withdraw. 37 C.F.R. §§2.18(a)(2), (c), 2.193(e)(3), (e)(9)(i).
If the applicant or registrant is not required to be represented and/or is not represented by a qualified U.S. attorney, the request to change the correspondence address 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). In the case of joint applicants or registrants, all must sign. See 37 C.F.R §§2.18(a)(1), (c), 2.193(e)(9)(ii), TMEP §611.02. See TMEP §609.01 regarding establishing the correspondence address and §609.02 regarding changing the correspondence address.
If two or more qualified U.S. attorneys are properly appointed, any of the named attorneys can sign and submit a request to change the correspondence address to set forth a new address, even if the new address is at a new firm. See 37 C.F.R. §2.193(e)(9)(i). It is not necessary to submit a new appointment signed by the applicant or registrant when a named attorney(s) changes firms.
See TBMP §§117–117.08 for information about correspondence in Board proceedings.