Changes in Requirements for Signature of Documents, Recognition of Representatives, and Establishing and Changing the Correspondence Address in Trademark Cases, 33345-33356 [E8-12896]

Agencies

• DEPARTMENT OF COMMERCE
• Patent and Trademark Office

[Federal Register Volume 73, Number 114 (Thursday, June 12, 2008)]
[Proposed Rules]
[Pages 33345-33356]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12896]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office

37 CFR Part 2

[Docket No. PTO-T-2008-0021]
RIN 0651-AC26


Changes in Requirements for Signature of Documents, Recognition 
of Representatives, and Establishing and Changing the Correspondence 
Address in Trademark Cases

AGENCY: United States Patent and Trademark Office, Commerce.

ACTIONS: Proposed rule.

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SUMMARY: The United States Patent and Trademark Office (``Office'') 
proposes to revise the Trademark Rules of Practice to set forth the 
requirements for signature of documents filed in the Office, 
recognition of representatives, and establishing and changing the 
correspondence address in trademark cases.

DATES: Comments must be received by August 11, 2008 to ensure 
consideration.

ADDRESSES: The Office prefers that comments be submitted via electronic 
mail message to TMSignature@uspto.gov. Written comments may also be 
submitted by mail to Commissioner for Trademarks, P.O. Box 1451, 
Alexandria, VA 22313-1451, attention Mary Hannon; by hand delivery to 
the Trademark Assistance Center, Concourse Level, James Madison 
Building--East Wing, 600 Dulany Street, Alexandria, Virginia, attention 
Mary Hannon; or by electronic mail message via the Federal eRulemaking 
Portal. See the Federal eRulemaking Portal Web site (https://
www.regulations.gov) for additional instructions on providing comments 
via the Federal eRulemaking Portal. The comments will be available for 
public inspection on the Office's Web site at https://www.uspto.gov, and 
will also be available at the Office of the Commissioner for 
Trademarks, Madison East, Tenth Floor, 600 Dulany Street, Alexandria, 
Virginia.

SUPPLEMENTARY INFORMATION: The Office proposes to revise the Trademark 
Rules of Practice (37 CFR Part 2) to set forth the requirements for 
signature of documents filed in the Office, recognition of 
representatives, and establishing and changing the correspondence 
address in trademark cases. The purpose of the rule is to codify and 
clarify current practice.
    References below to ``the Act,'' ``the Trademark Act,'' or ``the 
statute'' refer to

[[Page 33346]]

the Trademark Act of 1946, 15 U.S.C. 1051 et seq., as amended. 
References to ``TMEP'' or ``Trademark Manual of Examining Procedure'' 
refer to the 5th edition, September 2007. References to a ``party to a 
proceeding'' refer to a party to a proceeding before the Trademark 
Trial and Appeal Board, e.g., an opposer, cancellation petitioner, or a 
party to an interference or concurrent use proceeding.

Overview of Current Practice

Persons Authorized To Represent Others

    Under 37 CFR 10.14, only the following individuals may represent an 
applicant, registrant, or party to a proceeding before the Office in a 
trademark case:
     An attorney as defined in Sec.  10.1(c), i.e., an attorney 
who is a member in good standing of the bar of the highest court of a 
state in the United States;
     A Canadian patent agent who is registered and in good 
standing as a patent agent under Sec.  11.6(c) for the limited purpose 
of representing parties located in Canada;
     A Canadian attorney or agent who has been granted 
recognition by the Director of the Office of Enrollment and Discipline 
of the United States Patent and Trademark Office (``OED Director'') to 
represent parties located in Canada; or
     An individual who is not an attorney but was recognized to 
practice before the Office in trademark cases under this chapter prior 
to January 1, 1957.

See Trademark Manual of Examining Procedure (``TMEP'') Sections 602 and 
602.06 et seq.

    An individual who does not meet the requirements of Sec.  10.14 
cannot: Prepare documents to be filed in the Office; sign amendments, 
responses to Office actions, petitions to the Director under Sec.  
2.146, or letters of express abandonment; authorize examiner's 
amendments, priority actions, or changes of correspondence address; or 
otherwise represent an applicant, registrant, or party to a proceeding 
in the Office. 5 U.S.C. 500(d); 37 CFR 10.14(e); TMEP sections 602.03 
and 605.02.

Recognition of Representative

    To be recognized as a representative, a practitioner who meets the 
requirements of Sec.  10.14 (``qualified practitioner'') may:
     File a power of attorney signed by the applicant, 
registrant, or party to a proceeding in a trademark case, or by someone 
with legal authority to bind the applicant, registrant, or party (e.g., 
a corporate officer or general partner of a partnership);
     Sign a document on behalf of an applicant, registrant, or 
party to a proceeding who is not already represented by a qualified 
practitioner from a different firm; or
     Appear in person on behalf of an applicant, registrant, or 
party to a proceeding who is not already represented by a qualified 
practitioner from a different firm.

37 CFR 2.17(c); TMEP sections 602.01 and 602.07.

    Once the Office has recognized a qualified practitioner as the 
representative of an applicant or registrant, the Office will 
communicate and conduct business only with that practitioner, or with 
another qualified practitioner from the same firm. The Office will not 
conduct business directly with the applicant or registrant, or with 
another qualified practitioner from a different firm, unless the 
applicant or registrant files a new power of attorney or revocation of 
the previous power. TMEP sections 601.02, 602.07, and 603.02(a).
    For purposes of recognition as a representative, the Office 
considers a power of attorney to end when the mark is registered, when 
ownership changes, or when the application is abandoned. TMEP section 
602.01.
    After a change in ownership has been recorded, if a new qualified 
practitioner appears on behalf of the new owner, the Office will 
communicate and conduct business with that practitioner even if no new 
power of attorney or revocation of the previous power is filed. On the 
other hand, if the previously recognized practitioner appears on behalf 
of the new owner (which might occur when the new owner is a related 
company), the Office will continue to conduct business and correspond 
with that practitioner.

Establishing the Correspondence Address for Application or Registration

    Upon receipt of an application, the Office enters the 
correspondence address in accordance with the following guidelines:
     If the application is transmitted by a qualified 
practitioner, or includes a power of attorney designating a qualified 
practitioner, the Office will send correspondence to the practitioner.
     If an application is not being prosecuted by a qualified 
practitioner and the applicant has not designated a correspondence 
address, but a domestic representative has been appointed, the Office 
will send correspondence to the domestic representative.
     If an application is not being prosecuted by a qualified 
practitioner but the applicant designates in writing a correspondence 
address other than its own address, the Office will send correspondence 
to that address.
     If the application is not being prosecuted by a qualified 
practitioner, no domestic representative has been appointed, and the 
applicant has not designated a different address for correspondence, 
the Office will send correspondence directly to the applicant at its 
address of record.

37 CFR 2.18; TMEP section 603.01
    The Office reestablishes the correspondence address in accordance 
with these same guidelines upon the examination of an affidavit of use 
or excusable nonuse under section 8 of the Trademark Act, affidavit or 
declaration of incontestability under section 15 of the Act, renewal 
application under section 9 of the Act, or request for amendment or 
correction of a registration under section 7 of the Act. TMEP section 
603.02(c). Due to the length of time that elapses between registration 
and filings under sections 7, 8, 9, 15 and 71 of the Act (which can be 
10 years or more), the Office will recognize a qualified practitioner 
who transmits such a filing even if there is no new power of attorney 
or revocation of a previous power.

Changing the Correspondence Address

    Once the correspondence address is established as discussed above, 
the Office will send correspondence to that address unless there is a 
written request to change the address, signed by the practitioner who 
has been recognized by the Office, or by the applicant or registrant or 
someone with legal authority to bind the applicant or registrant (e.g., 
a corporate officer or general partner of a partnership) if the 
applicant or registrant is not represented by a qualified practitioner. 
37 CFR 2.18(b); TMEP sections 601.02, 602.07, and 603.02(a).
    Once the Office has recognized a qualified practitioner as the 
representative of an applicant or registrant, only that practitioner, 
or another qualified practitioner from the same firm, can sign a 
request to change the address, unless the applicant or registrant files 
a new power of attorney or revocation of the previous power, or the 
recognized practitioner files a request to withdraw. TMEP sections 
603.02(a) and 605.02.
    If a qualified practitioner transmits documents on behalf of an 
applicant or registrant who is not already represented by another 
qualified practitioner from a different firm, the

[[Page 33347]]

Office will construe this as including a request to change the 
correspondence address to that of the practitioner. TMEP section 
603.02(a).

Documents Must Be Properly Signed

    Because an individual who is not authorized under Sec.  10.14 
cannot represent an applicant, registrant, or party to a proceeding 
before the Office, the Office will not act on documents that are not 
properly signed. TMEP sections 602.03 and 605.02. When it is unclear 
whether a response to an Office action is signed by a proper person, 
the Office will notify the applicant or registrant that the response is 
incomplete. See TMEP sections 605.05(a) and 712.03 regarding notices of 
incomplete response. When it is unclear whether a document other than a 
response to an Office action is signed by a proper person, the Office 
will notify the applicant or registrant that no action will be taken on 
the document, unless the applicant or registrant either establishes the 
signatory's authority or submits a properly signed document. See TMEP 
section 605.05.

Unauthorized Practice

    When the Office learns that a person who is not qualified under 
Sec.  10.14 is acting as the representative of an applicant, 
registrant, or party to a proceeding, the Office will notify the 
affected applicant, registrant, or party that the individual is not 
entitled to practice before the Office in trademark matters, and 
therefore, may not represent the applicant, registrant, or party; that 
any power of attorney is void ab initio; that the individual may not 
sign responses to Office actions; and that all correspondence will be 
sent to the domestic representative if one has been designated, or 
alternatively, to the applicant, registrant, or party to a proceeding 
at its address of record. If the Office receives a response signed by 
such an unqualified person, the response will be treated as incomplete. 
This same practice is followed when the Office learns that a 
practitioner has been suspended or excluded from practice before the 
Office.

Discussion of Proposed Rules Changes

    Where appropriate, the Office proposes to reword or reorganize the 
rules for clarity, and to add headings to make it easier to navigate 
through the rules.
    The Office proposes to redesignate Sec.  2.17(a) as Sec.  
2.17(b)(2).
    The Office proposes to redesignate Sec.  2.17(b) as Sec.  2.17(f).
    The Office proposes to redesignate Sec.  2.17(c) as Sec.  2.17(b), 
and to revise it to provide that the Office will recognize a qualified 
practitioner who signs a document or appears in person in a trademark 
case only if the applicant, registrant, or party to a proceeding is not 
already represented by a qualified practitioner from a different firm. 
This is consistent with TMEP sections 602.01 and 602.07.
    The Office proposes to set forth the requirements for powers of 
attorney in Sec.  2.17(c). A power must: (1) Designate by name at least 
one practitioner who meets the requirements of 37 CFR 10.14; 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). Once the 
applicant, registrant, or party to a proceeding has designated a 
qualified practitioner(s), 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 to a proceeding. This is consistent with TMEP sections 602.01 
and 602.01(b).
    The Office proposes to amend Sec.  2.17(d) to add a provision that 
the owner of an application or registration may appoint an attorney 
through TEAS for up to 20 applications or registrations that have the 
identical owner and attorney. This is consistent with TMEP section 
602.01(a).
    The Office proposes to add Sec.  2.17(e) to set forth the 
circumstances under which a Canadian attorney or agent may represent 
parties located in Canada. A Canadian patent agent who is registered 
with the Office and in good standing as a patent agent under Sec.  
11.6(c) may represent parties located in Canada before the Office in 
trademark matters. A Canadian attorney or agent who is registered or in 
good standing with the Canadian Intellectual Property Office, but not 
registered as a patent agent under Sec.  11.6(c), may represent parties 
located in Canada if he or she has been authorized to do so by the OED 
Director. Before undertaking to represent an applicant, registrant, or 
party before the Office, and before filing a paper with the Office, a 
Canadian attorney or agent who is not registered with the Office and in 
good standing as a patent agent under Sec.  11.6(c) must both file a 
request for and be granted recognition to practice before the Office in 
trademark cases. The request for recognition must be filed with OED. 
The request must be granted by the OED Director before representation 
is undertaken and before any application or other document is filed in 
the Office. The request for recognition must include proof that he/she 
satisfies the requirements of 35 U.S.C. 32 and 37 CFR Sec.  10.14(c). 
This is consistent with TMEP section 602.06(a). The Office has 
separately proposed to replace 37 CFR 10.14(c) with 37 CFR 11.14(c) and 
add 37 CFR 11.14(f). Under 37 CFR 11.14(c), a Canadian attorney or 
agent will be required to file a written application for reciprocal 
recognition under 37 CFR 11.14(f), provide evidence satisfying Sec.  
11.14(c), and pay an application fee that will be required by 37 CFR 
1.21(a)(1)(i).
    Once recognized by OED, the Canadian attorney or agent can only 
represent parties who are located in Canada. He or she cannot represent 
Canadian nationals who are not located in Canada. Thus, a Canadian 
attorney or agent could not represent a Canadian national who resides 
in California and has access to a mailing address in Canada.
    The Office proposes to add Sec.  2.17(g)(1), to provide that the 
Office considers a power of attorney to end with respect to a pending 
application when the mark is registered, when ownership changes, or 
when the application is abandoned. This is consistent with TMEP section 
602.01.
    The Office proposes to add Sec.  2.17(g)(2), to provide that the 
Office considers a power of attorney filed after registration to end 
when the mark is cancelled or expired, or when ownership changes. If 
the power was filed in connection with an affidavit of use or excusable 
nonuse under section 8 or 71 of the Trademark Act, affidavit or 
declaration of incontestability under section 15 of the Act, renewal 
application under section 9 of the Act, or request for amendment or 
correction under section 7 of the Act, the power is deemed to end upon 
acceptance or final rejection of the filing.
    Current Sec.  2.18 sets forth the procedures for establishing the 
correspondence address. The Office proposes to revise and reorganize 
Sec.  2.18 to clarify the procedures for establishing and changing a 
correspondence address.
    Proposed Sec.  2.18(a)(2) provides that if a qualified practitioner 
transmits a document(s) on behalf of an applicant, registrant, or party 
to a proceeding in a trademark case, the Office will send 
correspondence to the practitioner transmitting the documents only if 
the applicant, registrant, or party to a proceeding is not already 
represented by another qualified practitioner. This is consistent with 
TMEP sections 602.07, 603.01, and 603.02(a).
    Proposed Sec.  2.18(a)(6) provides that the Office will send 
correspondence to only

[[Page 33348]]

one address. This is consistent with current Sec.  2.18(b).
    Proposed Sec.  2.18(a)(7) provides that once the Office has 
recognized a qualified practitioner as the representative of an 
applicant, registrant, or party to a proceeding, the Office will 
communicate and conduct business only with that practitioner, or with 
another qualified practitioner from the same firm. The Office will not 
conduct business directly with the applicant, registrant, or party to a 
proceeding, or with another qualified practitioner from a different 
firm, unless the applicant, registrant, or party to a proceeding files 
a revocation of the power of attorney under Sec.  2.19(a), and/or a new 
power of attorney that meets the requirements of Sec.  2.17(c). The 
proposed rule further provides that a written request to change the 
correspondence address does not revoke a power of attorney. This is 
consistent with TMEP sections 601.02, 602.07, and 603.02(a).
    Proposed Sec.  2.18(b)(1) provides that when a physical or e-mail 
correspondence address changes, the applicant, registrant, or party to 
a proceeding must file a written request to change the correspondence 
address. The request should be promptly filed. This is consistent with 
TMEP section 603.03.
    Proposed Sec.  2.18(b)(2) provides that a request to change the 
correspondence address must be made in writing, signed by the 
applicant, registrant, or party to a proceeding, someone with legal 
authority to bind the applicant, registrant, or party (e.g., a 
corporate officer or general partner of a partnership), or a qualified 
practitioner, in accordance with Sec.  2.193(e)(2). This is consistent 
with current Sec.  2.18(b) and TMEP sections 603.02 and 603.02(a).
    Proposed Sec.  2.18(b)(3) provides that if an applicant or 
registrant files a new power of attorney that meets the requirements of 
Sec.  2.17(c), the Office will change the correspondence address to 
that of the practitioner named in the power.
    Proposed Sec.  2.18(b)(4) provides that if a qualified practitioner 
transmits a document(s) on behalf of an applicant, registrant, or party 
to a proceeding who is not already represented by another qualified 
practitioner, the Office will construe this as including a request to 
change the correspondence address to that of the practitioner, and will 
send correspondence to the practitioner. This is consistent with TMEP 
section 603.02(a).
    The Office proposes to add Sec.  2.18(c)(1), to provide that even 
if there is no new power of attorney or written request to change the 
correspondence address, the Office will change the correspondence 
address upon the examination of an affidavit of use or excusable nonuse 
under section 8 or 71 of the Trademark Act, affidavit or declaration of 
incontestability under section 15 of the Act, renewal application under 
section 9 of the Act, or request for amendment or correction under 
section 7 of the Act. This is consistent with TMEP section 603.02(c). 
Due to the length of time that elapses between filings under sections 
7, 8, 9, 15 and 71 of the Act (which can be 10 years or more), the 
Office automatically enters a new correspondence address upon 
examination of each filing.
    The Office proposes to add Sec.  2.18(c)(2), to provide that once 
the Office establishes a correspondence address upon examination of an 
affidavit, renewal application or section 7 request, a written request 
to change the address is required to change the address during the 
pendency of that filing.

    Example 1: Attorney A transmits an affidavit of use under 
section 8, and the examiner issues an Office action in connection 
with the affidavit. If another attorney from a different firm 
(Attorney B) wants to file a response to the Office action, Attorney 
B must file a new power of attorney and/or revocation of the 
previous power, signed by the owner of the registration or someone 
with legal authority to bind the owner, before the Office will act 
on the response and send correspondence to Attorney B.
    Example 2: Attorney A transmits an affidavit of use under 
section 8, and the Office accepts the affidavit. If another attorney 
from a different firm (Attorney B) later files a request for 
amendment under section 7, the Office will recognize and correspond 
with Attorney B regardless of whether a new power of attorney or 
revocation of the previous power is filed.
    Example 3: Attorney A transmits an affidavit of use under 
section 8, and the examiner issues an Office action in connection 
with the affidavit. If another attorney from a different firm 
(Attorney B) wants to file a request for amendment under section 7 
before the Office accepts or issues a final rejection of the section 
8 affidavit, Attorney B must file a new power of attorney and/or 
revocation of the previous power, signed by the owner of the 
registration or someone with legal authority to bind the owner, 
before the Office will act on the section 7 request and send 
correspondence to Attorney B.

    The Office proposes to revise Sec.  2.19(a) to clarify the 
requirements for revocation of a power of attorney. Proposed Sec.  
2.19(a)(1) provides that a request to revoke a power of attorney must 
be signed by the applicant, registrant, or party to a proceeding, or by 
someone with legal authority to bind the applicant, registrant, or 
party. This is consistent with TMEP section 602.04.
    The Office proposes to add Sec.  2.19(a)(3), stating that a request 
to change the correspondence address does not revoke a power of 
attorney.
    The Office proposes to add Sec.  2.19(a)(4), stating that a new 
power of attorney that meets the requirements of Sec.  2.17(c) will be 
treated as a revocation of the previous power.
    The Office proposes to remove the provision in the current Sec.  
2.19(a) that the Office will notify the affected person of the 
revocation of his or her authorization. The Office no longer issues 
such notices. Anyone who wants to know whether the revocation of a 
power of attorney has been entered can check the TARR database on the 
Office's Web site at https://tarr.uspto.gov.
    The Office proposes to revise Sec.  2.19(b) to set forth the 
requirements for filing a request to withdraw as attorney. This is 
consistent with TMEP section 602.05. The request should be filed soon 
after the practitioner notifies the client of his/her intent to 
withdraw, and must include the application serial number, registration 
number, or proceeding number; a statement of the reason(s) for the 
request to withdraw; and either (1) a statement that the practitioner 
has given due notice to the client that the practitioner is withdrawing 
from employment and will be filing the necessary documents with the 
Office; that the client was given notice of the withdrawal at least two 
months before the expiration of the response period, if applicable; 
that the practitioner has delivered to the client all documents and 
property in the practitioner's file concerning the application or 
registration to which the client is entitled; and that the practitioner 
has notified the client of any responses that may be due, and of the 
deadline for response; or (2) if there is more than one attorney of 
record, a statement that representation by co-counsel is ongoing.
    The Office proposes to amend Sec.  2.22(a)(11) to change a cross-
reference.
    The Office proposes to amend Sec.  2.23(a)(2), which requires that 
a TEAS Plus applicant continue to receive communications from the 
Office by electronic mail during the pendency of the application, to 
add a requirement that a TEAS Plus applicant maintain a valid e-mail 
correspondence address in order to maintain TEAS Plus status. If the e-
mail address changes, the applicant must notify the Office of the 
change.
    The Office proposes to redesignate Sec.  2.24 as Sec.  2.24(a), and 
amend it to provide that if an applicant is not domiciled in the United 
States, the

[[Page 33349]]

applicant may designate the name and address of some person resident in 
the United States on whom may be served notices or process in 
proceedings affecting the mark by: (1) Setting forth the name of the 
domestic representative in the initial application, or (2) filing a 
separate designation signed by the applicant, someone with legal 
authority to bind the applicant (e.g., a corporate officer or general 
partner of a partnership), or a qualified practitioner.
    Where the designation of domestic representative is set forth in 
the initial application, the designation may be signed by a person 
authorized to sign the application on behalf of applicant, pursuant to 
proposed Sec.  2.193(e)(1). The Office does not question the authority 
of the signatory, unless there is an inconsistency in the record as to 
the signatory's authority to sign. TMEP section 804.04.
    The Office proposes to add new Sec.  2.24(b), to provide that a 
request to change or revoke a designation of domestic representative 
must be signed by the applicant, someone with legal authority to bind 
the applicant, or a qualified practitioner.
    The Office proposes to amend Sec.  2.33(a) to remove the definition 
of ``person properly authorized to sign'' a verification on behalf of 
applicant, and replace it with a cross-reference to proposed Sec.  
2.193(e)(1). The substance of this definition is unchanged.
    The Office proposes to remove Sec.  2.33(d), which provided for 
signature of verifications in applications filed through TEAS, because 
it is unnecessary. The procedure for signing a TEAS document is set 
forth in proposed Sec.  2.193(c). This procedure is unchanged.
    The Office proposes to amend Sec.  2.62 and its heading to add a 
requirement that a response to an Office action be signed by the 
applicant, someone with legal authority to bind the applicant, or a 
qualified practitioner, in accordance with the requirements of proposed 
Sec.  2.193(e)(2). This includes responses to suspension inquiries or 
letters of suspension. This is consistent with TMEP section 712.01.
    The Office proposes to amend Sec.  2.64(b) to add a requirement 
that a request for reconsideration of a final action be signed by the 
applicant, someone with legal authority to bind the applicant, or a 
qualified practitioner, in accordance with the requirements of proposed 
Sec.  2.193(e)(2). This is consistent with current practice.
    The Office proposes to amend Sec.  2.68 to add a requirement that a 
request for express abandonment of an application be signed by the 
applicant, someone with legal authority to bind the applicant, or a 
qualified practitioner, in accordance with the requirements of proposed 
Sec.  2.193(e)(2). This is consistent with TMEP section 718.01.
    The Office proposes to revise Sec.  2.74 to add a new paragraph 
(c), requiring that such an amendment be signed by the applicant, 
someone with legal authority to bind the applicant, or a qualified 
practitioner, in accordance with the requirements of proposed Sec.  
2.193(e)(2). This is consistent with TMEP section 605.02.
    The Office proposes to amend Sec.  2.76(b)(1) to change a cross-
reference.
    The Office proposes to amend Sec.  2.87(d) to add a provision that 
a request to divide be signed by the applicant, someone with legal 
authority to bind the applicant (e.g., a corporate officer or general 
partner of a partnership), or a qualified practitioner, in accordance 
with the requirements of proposed Sec.  2.193(e)(2). This is consistent 
with TMEP section 1110.
    The Office proposes to amend Sec.  2.88(b)(1) to change a cross-
reference.
    The Office proposes to amend Sec. Sec.  2.89 (a)(3) and (b)(3) to 
change cross-references.
    The Office proposes to amend Sec.  2.146(c) to add a provision that 
a petition to the Director be signed by the petitioner, someone with 
legal authority to bind the petitioner, or a qualified practitioner, in 
accordance with the requirements of proposed Sec.  2.193(e)(2). This is 
consistent with TMEP section 1705.07. The proposed rule further 
provides that when facts are to be proved on petition, the petitioner 
must submit proof in the form of affidavits or declarations in 
accordance with Sec.  2.20, signed by someone with firsthand knowledge 
of the facts to be proved. TMEP section 1705.03.
    The Office proposes to amend Sec.  2.161(b) to remove the 
definition of ``person properly authorized to sign'' an affidavit or 
declaration of use or excusable nonuse under section 8 of the Trademark 
Act (``section 8 affidavit'') and replace it with a cross-reference to 
proposed Sec.  2.193(e)(1). The substance of this definition is 
unchanged.
    The Office proposes to amend Sec.  2.163(b) to add a provision that 
a response to an Office action issued in connection with a section 8 
affidavit be signed by the owner, someone with legal authority to bind 
the owner, or a qualified practitioner, in accordance with the 
requirements of proposed Sec.  2.193(e)(2). This is consistent with 
TMEP section 1604.16.
    The Office proposes to amend Sec.  2.167 to add a provision that an 
affidavit or declaration of incontestability under section 15 of the 
Trademark Act be filed in the name of the owner of the registration, 
and verified by the owner or a person properly authorized to sign on 
behalf of the owner under proposed Sec.  2.193(e)(1). This is 
consistent with TMEP section 1605.04.
    The Office proposes to amend Sec.  2.171(a) to add a provision that 
a request for a new certificate of registration upon change of 
ownership be signed by the owner of the registration, someone with 
legal authority to bind the owner, or a qualified practitioner.
    The Office proposes to remove the requirement in Sec.  2.171(a) 
that the original certificate of registration be included with a 
request for a new certificate of registration upon change of ownership. 
This is consistent with current practice, and with Office practice in 
connection with requests to amend or correct registrations under 
section 7 of the Trademark Act. See notice at 69 FR 51362 (Aug. 29, 
2004), removing the requirement that the original certificate be 
included with a section 7 request.
    The Office proposes to amend Sec.  2.171(b) to add a provision that 
a request to divide a registration upon change of ownership with 
respect to some but not all of the goods/services be signed by the 
owner of the registration, someone with legal authority to bind the 
owner (e.g., a corporate officer or general partner of a partnership), 
or a qualified practitioner. This is consistent with current practice.
    The Office proposes to amend Sec.  2.172 to add a provision that a 
request for surrender of a registration be filed in the name of the 
owner of the registration, and signed by the owner, a person with legal 
authority to bind the owner, or a qualified practitioner. This is 
consistent with current practice.
    The Office proposes to amend Sec. Sec.  2.173(a) and 2.175(b)(2) to 
add a provision that a request to amend a registration or to correct 
the owner's error in a registration be filed by the owner and signed by 
the owner, someone with legal authority to bind the owner (e.g., a 
corporate officer or general partner of a partnership), or a qualified 
practitioner. The requirement for filing in the name of the owner is 
consistent with current practice. However, the requirement for 
signature by someone with legal authority to bind the owner or a 
qualified practitioner changes current practice slightly. TMEP sections 
1609.01(b) and 1609.10(b) now permit signature by a person with 
firsthand knowledge of the facts and actual or implied authority to act 
on behalf of the owner, which could

[[Page 33350]]

include someone without legal authority to bind the owner. The Office 
believes that the better practice would be to require that requests to 
amend or correct a registration be signed by someone with legal 
authority to bind the owner or by a qualified practitioner.
    The Office proposes to amend Sec.  2.184(b) to add a provision that 
a response to an Office action issued in connection with a renewal 
application be signed by the registrant, someone with legal authority 
to bind the registrant (e.g., a corporate officer or general partner of 
a partnership), or a qualified practitioner, in accordance with the 
requirements of proposed Sec.  2.193(e)(2). This is consistent with 
TMEP section 1606.12.
    The Office proposes to redesignate Sec.  2.193(a) as Sec.  
2.193(g).
    The Office proposes to redesignate Sec.  2.193(b) as Sec.  
2.193(h).
    The Office proposes to move and reorganize the current Sec.  
2.193(c)(1) in proposed Sec. Sec.  2.193 (a), (b) and (c).
    Proposed Sec.  2.193(a) provides that each piece of correspondence 
that requires a signature must bear: (1) A handwritten signature 
personally signed in permanent ink by the person named as the 
signatory, or a true copy thereof; or (2) an electronic signature that 
meets the requirements of paragraph (c). The proposed rule makes it 
clear that a handwritten signature must be personally signed by the 
person named as the signatory, and an electronic signature must be 
personally entered by the person named as the signatory.
    Proposed Sec.  2.193(a)(2) provides that the Office will accept a 
signature that meets the requirements of paragraph (c) on all 
correspondence, whether filed on paper, by facsimile transmission, or 
through TEAS or ESTTA. This is consistent with TMEP section 804.05.
    Proposed Sec.  2.193(c) sets forth the requirements for signing a 
document electronically, previously set forth in Sec.  
2.193(c)(1)(iii).
    The Office proposes to redesignate Sec.  2.193(c)(2) as Sec.  
2.193(f).
    The Office proposes to add new Sec.  2.193(d), to require that the 
name of the person who signs a document in connection with a trademark 
application or registration must be set forth in printed or typed form 
immediately below or adjacent to the signature, or identified elsewhere 
in the filing (e.g., in a cover letter or other document that 
accompanies the filing).
    The Office proposes to redesignate Sec.  2.193(d) as Sec.  
2.193(i).
    The Office proposes to add new Sec.  2.193(e), setting forth the 
proper person to sign various types of documents that are commonly 
filed in connection with trademark applications and registrations.
    Proposed Sec.  2.193(e)(1) sets forth the definition of a person 
who is properly authorized to sign a verification in support of an 
application for registration, amendment to an application for 
registration, allegation of use under Sec.  2.76 or Sec.  2.78, request 
for extension of time to file a statement of use under Sec.  2.89, or 
an affidavit under section 8, 15 or 71 of the Trademark Act. This is 
consistent with current Sec. Sec.  2.33(a) and 2.161(b).
    Proposed Sec.  2.193(e)(2) provides that the applicant or 
registrant, someone with legal authority to bind the applicant or 
registrant (e.g., a corporate officer or general partner of a 
partnership), or a qualified practitioner must sign responses to Office 
actions, amendments to applications, requests for reconsideration of 
final actions, requests for express abandonment, requests to divide, 
notices of change of address, and petitions under Sec.  2.146. This is 
consistent with proposed Sec. Sec.  2.62(b), 2.64(b), 2.68(a), 2.74(c), 
2.87(d), 2.146(c), 2.163(b), and 2.184(b), discussed above.
    Proposed Sec.  2.193(e)(2)(i) provides that if the applicant or 
registrant is represented by a qualified practitioner, the practitioner 
must sign, except where correspondence is required to be signed by the 
applicant or registrant. This is consistent with current Sec.  
10.18(a). This applies to both in-house and outside counsel.
    Proposed Sec.  2.193(e)(2)(ii) provides that if the applicant or 
registrant is not represented by a qualified practitioner, the 
individual applicant or registrant, or someone with legal authority to 
bind the applicant or registrant (e.g., a corporate officer or general 
partner of a partnership) must sign. In the case of joint applicants or 
joint registrants who are not represented by a qualified practitioner, 
all must sign. This is consistent with TMEP sections 605.02, 712.01 and 
712.01(a)(i).
    Proposed Sec.  2.193(e)(3) provides that the individual applicant 
or registrant or someone with legal authority to bind the applicant or 
registrant (e.g., a corporate officer or general partner of a 
partnership) must sign powers of attorney and revocations of powers of 
attorney; that in the case of joint applicants or joint registrants, 
all must sign; that once the applicant or registrant 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; and that if the applicant or registrant revokes the 
original power of attorney, this revocation also discharges any 
associate power signed by the practitioner whose power has been 
revoked. This is consistent with proposed Sec. Sec.  2.17(c) and 
2.19(a), discussed above.
    Proposed Sec.  2.193(e)(4) provides that someone with firsthand 
knowledge of the facts regarding unintentional delay must sign a 
petition to revive under Sec.  2.66. This is consistent with current 
Sec. Sec.  2.66(b)(2) and (c)(2).
    Proposed Sec.  2.193(e)(5) provides that the registrant or the 
registrant's representative must sign a renewal application. This is 
consistent with current Sec.  2.183(a).
    Proposed Sec.  2.193(e)(6) provides that the owner of the 
registration, someone with legal authority to bind the owner (e.g., a 
corporate officer or general partner of a partnership), or a qualified 
practitioner must sign a request for correction, amendment or surrender 
of a registration; and that in the case of joint owners who are not 
represented by a practitioner authorized to practice before the Office 
under 37 CFR 10.14, all must sign. This is consistent with proposed 
Sec. Sec.  2.172, 2.173(a) and 2.175(b)(2).
    Proposed Sec.  2.193(e)(7) provides that a designation or 
revocation of a domestic representative must be signed by applicant or 
registrant, someone with legal authority to bind the applicant or 
registrant (e.g., a corporate officer or general partner of a 
partnership), or a qualified practitioner.
    Proposed Sec.  2.193(e)(8) provides that a person transmitting 
documents to the Office may sign a cover letter or transmittal letter; 
and that the Office neither requires cover letters nor questions the 
authority of a person who signs a communication that merely transmits 
documents. This is consistent with TMEP section 605.03.

Rule Making Requirements

    Executive Order 12866: This rule has been determined not to be 
significant for purposes of Executive Order 12866.
    Administrative Procedure Act: This rule merely involves rules of 
agency practice and procedure within the meaning of 5 U.S.C. 553(b)(A). 
Therefore, this rule may be adopted without prior notice and 
opportunity for public comment under 5 U.S.C. 553(b) and (c), or 
thirty-day advance publication under 5 U.S.C. 553(d). However, the 
Office has chosen to seek public comment before implementing the rule.
    Regulatory Flexibility Act: The Deputy General Counsel for General 
Law of the United States Patent and Trademark

[[Page 33351]]

Office hereby certifies to the Chief Counsel for Advocacy of the Small 
Business Administration that this notice of proposed rule making, 
Changes in Requirements for Signature of Documents, Recognition of 
Representatives, and Establishing and Changing the Correspondence 
Address in Trademark Cases (RIN 0651-AC26), will not have a significant 
impact on a substantial number of small entities (Regulatory 
Flexibility Act, 5 U.S.C. 605(b)).
    As prior notice and an opportunity for public comment are not 
required pursuant to 5 U.S.C. 553 (or any other law), neither a 
regulatory flexibility analysis nor a certification under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) is required. See 5 
U.S.C. 603.
    The proposed rules clarify certain requirements for signature of 
documents filed in the Office, recognition of representatives, and 
establishing and changing the correspondence address in trademark 
cases. In large part, the proposed rule changes are intended to codify 
existing practice. Although the proposed rules may affect trademark 
applicants or registrants, because they codify the existing practice of 
the Office, the changes proposed in this notice will not have a 
significant economic impact on a substantial number of small entities.
    Unfunded Mandates: The Unfunded Mandates Reform Act requires, at 2 
U.S.C. 1532, that agencies prepare an assessment of anticipated costs 
and benefits before issuing any rule that may result in expenditure by 
State, local, and tribal governments, in the aggregate, or by the 
private sector, of $100 million or more (adjusted annually for 
inflation) in any given year. This rule would have no such effect on 
State, local, and tribal governments or the private sector.
    Executive Order 13132: This rule does not contain policies with 
federalism implications sufficient to warrant preparation of a 
Federalism Assessment under Executive Order 13132 (Aug. 4, 1999).
    Paperwork Reduction Act: This proposed rule involves information 
collection requirements which are subject to review by the Office of 
Management and Budget under the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.). The collection of information in this proposed 
rule have been reviewed and previously approved by the OMB under OMB 
control numbers: 0651-0054, 0651-0027 and 0651-0040.
    The United States Patent and Trademark Office is not resubmitting 
an information collection package to OMB for its review and approval 
because the changes in this proposed rule would not affect the 
information collection requirements associated with the information 
collections under OMB control numbers 0651-0054, 0651-0027 and 0651-
0040. The changes in this notice are limited to amending the rules of 
practice to codify current practice with respect to the proper party to 
sign various documents and current procedures for appointment, 
revocation or withdrawal of attorneys and domestic representatives.
    Interested persons are requested to send comments regarding these 
information collections, including suggestions for reduction of this 
burden to: (1) The Office of Information and Regulatory Affairs, Office 
of Management and Budget, New Executive Office Building, Room 10202, 
725 17th Street, NW., Washington, DC 20503, Attention: Desk Officer for 
the Patent and Trademark Office; and (2) Commissioner for Trademarks, 
P.O. Box 1451, Alexandria, VA 22313-1451 (Attn: Mary Hannon).
    Notwithstanding any other provision of law, no person is required 
to respond to nor shall a person be subject to a penalty for failure to 
comply with a collection of information subject to the requirements of 
the Paperwork Reduction Act unless that collection of information 
displays a currently valid OMB control number.

List of Subjects in 37 CFR Part 2

    Administrative practice and procedure, Trademarks.

    For the reasons given in the preamble and under the authority 
contained in 15 U.S.C. 1123 and 35 U.S.C. 2, as amended, the Office 
proposes to amend part 2 of title 37 as follows:

PART 2--RULES OF PRACTICE IN TRADEMARK CASES

    1. The authority citation for 37 CFR part 2 continues to read as 
follows:

    Authority: 15 U.S.C. 1123, 35 U.S.C. 2, unless otherwise noted.

    2. Revise Sec.  2.17 to read as follows:


Sec.  2.17  Recognition for representation.

    (a) Authority to practice in trademark cases. Only an individual 
who meets the requirements of Sec.  10.14 of this chapter may represent 
an applicant, registrant, or party to a proceeding before the Office in 
a trademark case.
    (b)(1) Recognition of practitioner as representative. To be 
recognized as a representative in a trademark case, a practitioner 
qualified under Sec.  10.14 of this chapter may:
    (i) File a power of attorney that meets the requirements of 
paragraph (c) of this section;
    (ii) Sign a document on behalf of an applicant, registrant, or 
party to a proceeding who is not already represented by a practitioner 
qualified under Sec.  10.14 of this chapter from a different firm; or
    (iii) Appear in person on behalf of an applicant, registrant, or 
party to a proceeding who is not already represented by a practitioner 
qualified under Sec.  10.14 of this chapter from a different firm.
    (2) Signature as certificate of authorization to represent. When a 
practitioner qualified under Sec.  10.14 of this chapter appears in 
person or signs a document pursuant to paragraph (b) of this section, 
his or her personal appearance or signature shall constitute a 
representation to the Office that he or she is authorized to represent 
the person or entity on whose behalf he or she acts. The Office may 
require further proof of authority to act in a representative capacity.
    (c) Requirements for power of attorney. A power of attorney must:
    (1) Designate by name at least one practitioner meeting the 
requirements of Sec.  10.14 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). Once the 
applicant, registrant, or party has designated a practitioner(s) who 
meets the requirements of Sec.  10.14 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 (Sec.  
2.19(a)), this revocation also discharges any associate power signed by 
the practitioner whose power has been revoked.
    (d) Power of attorney relating to multiple applications or 
registrations. (1) The owner of an application or registration may 
appoint a practitioner(s) who meets the requirements of Sec.  10.14 of 
this chapter for up to twenty applications or registrations that have 
the identical owner and attorney through TEAS. The owner may not file a 
power of attorney relating to future applications through TEAS.
    (2) The owner of an application or registration may file a power of 
attorney that relates to more than one trademark

[[Page 33352]]

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.
    (e) Canadian attorneys and agents. (1) A Canadian patent agent who 
is registered and in good standing as a patent agent under Sec.  
11.6(c) may represent parties located in Canada before the Office in 
trademark matters.
    (2) A Canadian attorney or agent who is registered or in good 
standing with the Canadian Intellectual Property Office, but not 
registered as a patent agent under Sec.  11.6(c), may represent parties 
located in Canada if he or she has been authorized to do so by the 
Director of Enrollment and Discipline. See 37 CFR 11.14(c) and (f).
    (f) Non-lawyers. A non-lawyer may not act as a representative 
except in the limited circumstances set forth in Sec.  10.14(b) of this 
chapter. Before any non-lawyer who meets the requirements of Sec.  
10.14(b) of this chapter may take action of any kind with respect to an 
application, registration or proceeding, a written authorization must 
be filed, signed by the applicant, registrant, or party to the 
proceeding, or by someone with legal authority to bind the applicant, 
registrant, or party (e.g., a corporate officer or general partner of a 
partnership).
    (g) Duration of power of attorney. (1) For purposes of recognition 
as a representative, the Office considers a power of attorney filed 
while an application is pending to end when the mark registers, when 
ownership changes, or when the application is abandoned.
    (2) The Office considers a power of attorney filed after 
registration to end when the mark is cancelled or expired, or when 
ownership changes. If the power was filed in connection with an 
affidavit of use or excusable nonuse under section 8 or 71 of the 
Trademark Act, affidavit or declaration of incontestability under 
section 15 of the Act, renewal application under section 9 of the Act, 
or request for amendment or correction under section 7 of the Act, the 
power is deemed to end upon acceptance or final rejection of the 
filing.
    3. Revise Sec.  2.18 to read as follows:


Sec.  2.18  Correspondence, with whom held.

    (a) Establishing the correspondence address. (1) If a written power 
of attorney that meets the requirements of Sec.  2.17 is filed, the 
Office will send correspondence to the practitioner designated in the 
power.
    (2) If a practitioner qualified under Sec.  10.14 of this chapter 
transmits a document(s) on behalf of an applicant, registrant, or party 
to a proceeding who is not already represented by another qualified 
practitioner from a different firm, the Office will send correspondence 
to the practitioner transmitting the documents.
    (3) If an application, registration or proceeding is not being 
prosecuted by a practitioner qualified under Sec.  10.14 of this 
chapter and the applicant, registrant, or party to the proceeding 
designates a correspondence address in writing, the Office will send 
the correspondence to the designated address.
    (4) If an application, registration or proceeding is not being 
prosecuted by a practitioner qualified under Sec.  10.14 of this 
chapter and the applicant, registrant, or party to the proceeding has 
not designated a correspondence address in writing, but a domestic 
representative has been appointed, the Office will send correspondence 
to the domestic representative.
    (5) If the application, registration or proceeding is not being 
prosecuted by a practitioner qualified under Sec.  10.14 of this 
chapter, the applicant, registrant, or party to the proceeding has not 
designated a correspondence address, and no domestic representative has 
been appointed, the Office will send correspondence directly to the 
applicant, registrant or party to the proceeding.
    (6) The Office will send correspondence to only one address.
    (7) Once the Office has recognized a practitioner qualified under 
Sec.  10.14 of this chapter as the representative of an applicant, 
registrant, or party to a proceeding, the Office will communicate and 
conduct business only with that practitioner, or with another qualified 
practitioner from the same firm. The Office will not conduct business 
directly with the applicant, registrant, or party to the proceeding, or 
with another practitioner from a different firm, unless the applicant, 
registrant, or party to the proceeding files a revocation of the power 
of attorney under Sec.  2.19(a), and/or a new power of attorney that 
meets the requirements of Sec.  2.17(c). A written request to change 
the correspondence address does not revoke a power of attorney.
    (b) Changing the correspondence address. (1) If a physical or e-
mail correspondence address changes, the applicant, registrant, or 
party to a proceeding must file a written request to change the 
correspondence address. The request should be promptly filed.
    (2) A request to change the correspondence address must be made in 
writing, signed by the applicant, registrant, or party to a proceeding, 
someone with legal authority to bind the applicant, registrant, or 
party to the proceeding (e.g., a corporate officer or general partner 
of a partnership), or a practitioner who meets the requirements of 
Sec.  10.14 of this chapter , in accordance with proposed Sec.  
2.193(e)(2).
    (3) If an applicant or registrant files a new power of attorney 
that meets the requirements of Sec.  2.17(c), the Office will change 
the correspondence address to that of the practitioner named in the 
power.
    (4) If a practitioner qualified under Sec.  10.14 of this chapter 
transmits a document(s) on behalf of an applicant, registrant, or party 
to a proceeding who is not already represented by another qualified 
practitioner, the Office will construe this as including a request to 
change the correspondence address to that of the practitioner, and will 
send correspondence to the practitioner.
    (c) Post registration filings under sections 7, 8, 9, 15, and 71. 
(1) Even if there is no new power of attorney or written request to 
change the correspondence address, the Office will change the 
correspondence address upon the examination of an affidavit of use or 
excusable nonuse under section 8 or 71 of the Trademark Act, affidavit 
or declaration of incontestability under section 15 of the Act, renewal 
application under section 9 of the Act, or request for amendment or 
correction under section 7 of the Act. If a practitioner qualified 
under Sec.  10.14 of this chapter transmits the affidavit, renewal 
application, or section 7 request, the Office will send correspondence 
to the practitioner. If the owner of the registration is not 
represented by a qualified practitioner, the Office will send 
correspondence directly to the owner, or to the domestic 
representative, in accordance with paragraph (a).
    (2) Once the Office establishes a correspondence address upon 
examination of an affidavit, renewal application or section 7 request, 
a written request to change the address in

[[Page 33353]]

accordance with the requirements of paragraph (b)(2) of this section is 
required to change the address during the pendency of that filing.
    4. Revise Sec.  2.19 to read as follows:


Sec.  2.19  Revocation or withdrawal of attorney.

    (a) Revocation. (1) Authority to represent an applicant, registrant 
or party to a proceeding before the Office may be revoked at any stage 
in the proceedings of a trademark case, upon written notification 
signed by the applicant, registrant, or party to the proceeding, or by 
someone with legal authority to bind the applicant, registrant, or 
party (e.g., a corporate officer or general partner of a partnership).
    (2) When a power of attorney is revoked, the Office will 
communicate directly with the applicant, registrant, or party to the 
proceeding, or with the new attorney or domestic representative if one 
has been appointed.
    (3) A request to change the correspondence address does not revoke 
a power of attorney.
    (4) A new power of attorney that meets the requirements of Sec.  
2.17(c) will be treated as a revocation of the previous power.
    (b) Withdrawal of attorney. If the requirements of Sec.  10.40 of 
this chapter are met, a practitioner authorized to represent an 
applicant, registrant, or party to a proceeding in a trademark case may 
withdraw upon application to and approval by the Director. The 
practitioner should file the request to withdraw soon after the 
practitioner notifies the client of his/her intent to withdraw. The 
request must include the following:
    (1) The application serial number, registration number, or 
proceeding number;
    (2) A statement of the reason(s) for the request to withdraw; and
    (3) Either (i) a statement that the practitioner has given notice 
to the client that the practitioner is withdrawing from employment and 
will be filing the necessary documents with the Office; that the client 
was given notice of the withdrawal at least two months before the 
expiration of the response period, if applicable; that the practitioner 
has delivered to the client all documents and property in the 
practitioner's file concerning the application, registration or 
proceeding to which the client is entitled; and that the practitioner 
has notified the client of any responses that may be due, and of the 
deadline for response; or
    (ii) if more than one attorney is of record, a statement that 
representation by co-counsel is ongoing.
    5. Revise Sec.  2.22(a)(11) to read as follows:


Sec.  2.22  Filing requirements for a TEAS Plus application.

    (a) * * *
    (11) A verified statement that meets the requirements of Sec.  
2.33, dated and signed by a person properly authorized to sign on 
behalf of the applicant pursuant to Sec.  2.193(e)(1);
* * * * *
    6. Revise Sec.  2.23(a)(2) to read as follows:


Sec.  2.23  Additional requirements for TEAS Plus application.

    (a) * * *
    (2) Maintain a valid e-mail correspondence address and continue to 
receive communications from the Office by e-mail.
* * * * *
    7. Revise Sec.  2.24 to read as follows:


Sec.  2.24  Designation and revocation of domestic representative by 
foreign applicant.

    (a)(1) If an applicant is not domiciled in the United States, the 
applicant may designate the name and address of some person resident in 
the United States on whom may be served notices or process in 
proceedings affecting the mark by:
    (i) setting forth the name of the domestic representative in the 
initial application; or
    (ii) filing a separate designation signed by the applicant, someone 
with legal authority to bind the applicant (e.g., a corporate officer 
or general partner of a partnership), or a practitioner who meets the 
requirements of Sec.  10.14 of this chapter.
    (2) If the applicant does not file a document designating the name 
and address of a person resident in the United States on whom may be 
served notices or process in proceedings affecting the mark, or if the 
last person designated cannot be found at the address given in the 
designation, then notices or process in proceedings affecting the mark 
may be served on the Director.
    (3) The mere designation of a domestic representative does not 
authorize the person designated to represent the applicant unless 
qualified under Sec.  10.14 of this chapter.
    (b) A request to change or revoke a designation of domestic 
representative must be signed by the applicant, someone with legal 
authority to bind the applicant (e.g., a corporate officer or general 
partner of a partnership), or a practitioner who meets the requirements 
of Sec.  10.14 of this chapter.
    8. Amend Sec.  2.33 by revising paragraph (a) to read as follows, 
and removing paragraph (d):


Sec.  2.33  Verified statement.

    (a) The application must include a statement that is signed in 
accordance with the requirements of Sec.  2.193 and verified (sworn to) 
or supported by a declaration under Sec.  2.20 by a person properly 
authorized to sign on behalf of the applicant under Sec.  2.193(e)(1).
* * * * *
    9. Revise Sec.  2.62 to read as follows:


Sec.  2.62  Procedure for filing response.

    (a) Deadline. The applicant's response to an Office action must be 
received within six months from the date of issuance.
    (b) Signature. The applicant, someone with legal authority to bind 
the applicant (e.g., a corporate officer or general partner of a 
partnership), or a practitioner who meets the requirements of Sec.  
10.14 of this chapter must sign the response, in accordance with the 
requirements of Sec.  2.193(e)(2).
    10. Revise Sec.  2.64(b) to read as follows:


Sec.  2.64  Final action.

* * * * *
    (b) During the period between a final action and expiration of the 
time for filing an appeal, the applicant may request the examiner to 
reconsider the final action. The applicant, someone with legal 
authority to bind the applicant (e.g., a corporate officer or general 
partner of a partnership), or a practitioner who meets the requirements 
of Sec.  10.14 of this chapter must sign the request, in accordance 
with the requirements of Sec.  2.193(e)(2). The filing of a request for 
reconsideration will not extend the time for filing an appeal or 
petitioning the Director, but normally the examiner will reply to a 
request for reconsideration before the end of the six-month period if 
the request is filed within three months after the date of the final 
action. The Office will enter amendments accompanying requests for 
reconsideration after final action if the amendments comply with the 
rules of practice in trademark cases and the Act of 1946.
    11. Revise Sec.  2.68 to read as follows:


Sec.  2.68  Express abandonment (withdrawal) of application.

    (a) Written document required. An applicant may expressly abandon 
an application by filing a written request for abandonment or 
withdrawal of the application, signed by the applicant, someone with 
legal authority to bind the

[[Page 33354]]

applicant (e.g., a corporate officer or general partner of a 
partnership), or a practitioner who meets the requirements of Sec.  
10.14 of this chapter, in accordance with the requirements of Sec.  
2.193(e)(2).
    (b) Rights in the mark not affected. Except as provided in Sec.  
2.135, the fact that an application has been expressly abandoned shall 
not, in any proceeding in the Office, affect any rights that the 
applicant may have in the mark in the abandoned application.
    12. Amend Sec.  2.74 by revising the heading and adding a new 
paragraph (c) to read as follows:


Sec.  2.74  Form and signature of amendment.

* * * * *
    (c) The applicant, someone with legal authority to bind the 
applicant (e.g., a corporate officer or general partner of a 
partnership), or a practitioner who meets the requirements of Sec.  
10.14 of this chapter must sign the request for amendment, in 
accordance with the requirements of Sec.  2.193(e)(2). If the amendment 
requires verification, the verification must be sworn to or supported 
by a declaration under Sec.  2.20 by a person properly authorized to 
sign on behalf of the applicant under Sec.  2.193(e)(1).
    13. Revise Sec.  2.76(b)(1) introductory text to read as follows:


Sec.  2.76  Amendment to allege use.

* * * * *
    (b) A complete amendment to allege use must include:
    (1) A statement that is signed and verified (sworn to) or supported 
by a declaration under Sec.  2.20 by a person properly authorized to 
sign on behalf of the applicant (see Sec.  2.193(e)(1)) that:
* * * * *
    14. Revise Sec.  2.87(d) to read as follows:


Sec.  2.87  Dividing an application.

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    (d) The applicant, someone with legal authority to bind the 
applicant (e.g., a corporate officer or general partner of a 
partnership), or a practitioner who meets the requirements of Sec.  
10.14 of this chapter must sign the request to divide, in accordance 
with the requirem