610    Designation of Domestic Representative by Parties Not Domiciled in the United States

37 C.F.R. §2.24  Designation and revocation of domestic representative by foreign applicant.

  • (a) An applicant or registrant that is not domiciled in the United States may designate a domestic representative (i.e., a person residing in the United States on whom notices or process in proceedings affecting the mark may be served).
  • (b) The designation, or a request to change or revoke a designation, must set forth the name, email address, and postal address of the domestic representative and be signed pursuant to § 2.193(e)(8).
  • (c) The mere designation of a domestic representative does not authorize the person designated to represent the applicant or registrant.

Designation of Domestic Representative. An applicant, registrant, or party to a proceeding before the USPTO that is 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.  15 U.S.C. §§1051(e),  1058(f), 1059(c), 1060(b), 1141h(d); 37 C.F.R. §2.24(a) -(b).  If the applicant, registrant, or party does not designate a domestic representative, the USPTO will not require a designation.

Once a domestic representative is appointed, an applicant or registrant may revoke such a designation of domestic representative. A domestic representative may also withdraw as a domestic representative. To revoke the designation or to withdraw as such a representative, an applicant, registrant, or domestic representative may use the TEAS Change Address or Representative (CAR) form.

May Be Natural or Juristic Person. The person designated as a domestic representative may be a natural person or a juristic person as defined in 15 U.S.C. §1127.

Not the Same as Power of Attorney. The designation of a domestic representative is not the same as a power of attorney.  The designation serves a different purpose, namely, to provide a contact and address for service of process.  The mere designation of a domestic representative does not authorize the person designated to practice before the USPTO (e.g., to prepare or prosecute the application, or represent a party in a proceeding before the USPTO).  37 C.F.R. §§2.24(c), 11.5(b)(2).  Similarly, a power of attorney does not serve as a designation of a domestic representative, unless the power of attorney specifically states that the attorney is also the domestic representative on whom may be served notices or process in proceedings affecting the mark.

Requirements. A designation of domestic representative must include the name, email address, and postal address of the person designated and a clear statement that the party intends to designate this person as a domestic representative upon whom notices or process affecting the mark may be served. See 37 C.F.R. §2.24(b). A domestic representative may be designated in the initial application for registration or in a separate designation using the TEAS CAR form or TEAS post registration forms.

See TMEP §611.03(h) regarding the proper person to sign the designation or revocation of domestic representative, or a withdrawal of domestic representative.

Duration.  An appointment of domestic representative remains in effect unless specifically revoked, withdrawn from, or supplanted by appointment of a new domestic representative.