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power of attorney (§2.19(a)), the revocation discharges any associate power signed by the practitioner whose power has been revoked.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 U.S. attorney; 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.

A qualified U.S. attorney is not permitted to 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). 37 C.F.R. §2.17(c)(2).

The filing of a power of attorney is not mandatory in a trademark case. The USPTO will not require a separately signed power of attorney to recognize a qualified U.S. attorney as the applicant’s or registrant’s representative if an attorney signs a document or is identified as a representative in a document submitted to the USPTO on behalf of an otherwise unrepresented applicant or registrant. See 37 C.F.R. §2.17(b)(2). The USPTO may require additional information or proof of the attorney’s authority or competence to represent the applicant or registrant before the USPTO. 37 C.F.R. §2.17(b)(2)-(3).

See TMEP §604.01 regarding the three ways a qualified U.S. attorney may be recognized as a representative, §609.01 regarding establishment of the correspondence address in a new application, and §609.02(a) regarding the limited situations in which the USPTO will change the correspondence address to that of a qualified U.S. attorney absent a written request to change the correspondence address.

However, if an applicant or registrant is already represented by a qualified U.S. attorney, and a new qualified U.S. attorney wishes to take action with respect to the application or registration, the new qualified U.S. attorney must file a new power of attorney and/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 U.S. attorney. 37 C.F.R. §2.18(a)(2)(i). See TMEP §604.04 regarding change of attorney, §606 regarding revocation of power of attorney, and §611.06 regarding persons with legal authority to bind juristic entities.

If two or more qualified U.S. attorneys are named in a power of attorney and one attorney changes firms, 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. It is not necessary to submit a new power signed by the applicant or registrant when a named attorney changes firms. See TMEP §§609.02–609.02(f) regarding changes of correspondence address.

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.

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.

An applicant or registrant may appoint a qualified U.S. attorney to represent the owner for all existing applications or registrations that have the identical owner and qualified attorney. 37 C.F.R. §2.17(d).

605.03 Associate Powers of Attorney

37 C.F.R. 2.17(c)(2)

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.

37 C.F.R. §2.193(e) Proper person to sign

Documents filed in connection with a trademark application or registration must be signed as specified in paragraphs (e)(1) through (9) of this section:

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(3) Powers of attorney and revocations of powers of attorney. Powers of attorney and revocations of powers of attorney must 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, registrants, or parties, all must sign. Once the applicant, registrant or party has designated a qualified practitioner(s), the named practitioner may sign an associate power of attorney appointing another qualified practitioner(s) as an additional person(s) authorized to prosecute the application or registration. If the applicant, registrant, or party revokes the original power of attorney, the revocation discharges any associate power signed by the practitioner whose power has been revoked. 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 Office.

Once the applicant or registrant has designated a qualified U.S. attorney, the attorney may sign an associate power of attorney, appointing another qualified attorney -- including one from a different law firm -- as an additional person authorized to represent the applicant or registrant. Note, however, that appointment of an associate attorney from a different law firm does not change the correspondence address from that of the attorney designated by the applicant or registrant. See 37 C.F.R. §2.18(a)(2); 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 attorney whose power has been revoked. 37 C.F.R. §2.17(c)(2).

If the attorney who signed an associate power withdraws, the withdrawal discharges any associate power signed by the withdrawing attorney 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

For purposes of recognition as a representative, the USPTO considers recognition as to a pending application to end with registration, when the application is abandoned, or when ownership changes. 37 C.F.R. §2.17(g)(1). If 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.

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