601.01(b)    Owners with a U.S. Domicile

If a U.S. address (i.e., any street address that is located within the United States and its territories) is listed as the applicant’s or registrant’s domicile in any submission, an applicant or registrant may, but generally need not, appoint a qualified U.S. attorney as its representative.

Examining attorneys and post-registration examiners normally will not question an otherwise acceptable U.S. street address of a foreign citizen or entity provided in an application or post-registration maintenance filing unless they receive specific guidance to question the address. Under some circumstances, the USPTO will require the applicant or registrant to provide documentation to support its U.S. address. See 37 C.F.R §§2.11(b), 2.61(b), 2.189. For example, if the applicant or registrant is a foreign citizen or entity with a U.S. street address, and is not represented by a qualified U.S. attorney and the examining attorney or post-registration examiner receives specific guidance that the address should be questioned and that documentation may be necessary to support the U.S. street address, the examining attorney or post-registration examiner will issue an Office action requiring the applicant or registrant to either appoint a qualified U.S. attorney or provide documentation supporting the specified U.S. street address. In such cases, the Office action will also include all other applicable refusals and/or requirements. If the applicant or registrant responds by appointing a qualified U.S. attorney, the examining attorney or post-registration examiner will withdraw the requirement for documentation supporting the U.S. street address. The requirement will be reissued if the qualified U.S. attorney withdraws or is subsequently revoked.

An applicant or registrant who provides acceptable documentation supporting its U.S. address is not required to appoint a qualified U.S. attorney.

If the applicant responds but does not appoint a qualified U.S. attorney or provide the information necessary to support its U.S. street address, the examining attorney will issue a final action as to the requirements regarding domicile, to appoint a qualified U.S. attorney, and all other unresolved refusals and/or requirements, if the application is otherwise in condition for final action. If the registrant responds in a post-registration matter but does not appoint a qualified U.S. attorney or provide the information necessary to support its U.S. street address, the post-registration examiner will issue a second action maintaining the requirements regarding domicile, to appoint a qualified U.S. attorney, and all other unresolved refusals and/or requirements.

Examples of documents that can support a U.S. street address include the following:

  • (a) For an individual, documentation showing the name and listed address of the individual, such as one of the following:
    • (i) a current, valid signed rental, lease, or mortgage agreement;
    • (ii) a current, valid homeowner’s, renter’s, or motor vehicle insurance policy; or
    • (iii) a computer-generated bill issued by a utility company dated no earlier than 60 days before the application or post-registration document filing date.
  • (b) For a juristic entity, documentation showing that the address is the applicant’s or registrant’s business headquarters, such as a current, valid signed rental, lease, or mortgage agreement for commercial office space that is not for a coworking or similar facility.

However, the above documentation will not support a U.S. address that is otherwise identified as an unacceptable type of domicile address. See TMEP §601.01(c)(i). Examining attorneys and post-registration examiners must not accept such documentation as satisfying a domicile address requirement when the address is an unacceptable type of domicile address.