54898 Federal Register / Vol. 74, No. 205 / Monday, October 26, 2009 / Rules and Regulations 

telephone number (907) 271–5898; fax: 

(907) 271–2850; e-mail: 

gary.ctr.rolf@faa.gov. Internet address: 

http://www.faa.gov/about/office_org/

headquarters_offices/ato/service_units/

systemops/fs/alaskan/rulemaking/. 

SUPPLEMENTARY INFORMATION: 

History 

On Wednesday, August 12, 2009, the 

FAA published a notice of proposed 

rulemaking in the Federal Register to 

establish Class E airspace at Noorvik, 

AK (74 FR 40535). Subsequent to 

publication, the FAA noted that the title 

erroneously refered to this action as a 

revision. The remainder of the 

document was clear, that this was a 

proposal to establish controlled airspace 

at Noorvik, AK. With the exception of 

editorial changes, and the changes 

described above, this rule is the same as 

that proposed in the NPRM. Interested 

parties were invited to participate in 

this rulemaking proceeding by 

submitting written comments on the 

proposal to the FAA. No comments 

were received. The rule is adopted as 

proposed. 

The Class E airspace areas designated 

as 700/1,200 ft. transition areas are 

published in paragraph 6005 of FAA 

Order 7400.9T, Airspace Designations 

and Reporting Points, signed August 27, 

2009, and effective September 15, 2009, 

which is incorporated by reference in 14 

CFR 71.1. The Class E airspace 

designations listed in this document 

will be published subsequently in the 

Order. 

The Rule 

This amendment to 14 CFR part 71 

establishes Class E airspace at the 

Robert (Bob) Curtis Memorial Airport, 

AK. This Class E airspace is established 

to accommodate aircraft executing new 

instrument procedures, and will be 

depicted on aeronautical charts for pilot 

reference. The intended effect of this 

rule is to provide adequate controlled 

airspace for Instrument Flight Rules 

(IFR) operations at the Robert (Bob) 

Curtis Memorial Airport, Noorvik, AK. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore—(1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Because this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule will not have 

a significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle 1, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart 1, Section 

40103, Sovereignty and use of airspace. 

Under that section, the FAA is charged 

with prescribing regulations to ensure 

the safe and efficient use of the 

navigable airspace. This regulation is 

within the scope of that authority 

because it creates Class E airspace 

sufficient in size to contain aircraft 

executing instrument procedures for the 

Robert (Bob) Curtis Memorial Airport 

and represents the FAA’s continuing 

effort to safely and efficiently use the 

navigable airspace. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

CLASS B, CLASS C, CLASS D, AND 

CLASS E AIRSPACE AREAS; 

AIRWAYS; ROUTES; AND REPORTING 

POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9T, Airspace 

Designations and Reporting Points, 

signed August 27, 2009, and effective 

September 15, 2009, is amended as 

follows: 

Paragraph 600 Class E Airspace Extending 

Upward From 700 Feet or More Above the 

Surface of the Earth. 

* * * * * 

AAL AK E5 Noorvik, AK [New] 

Noorvik, Robert (Bob) Curtis Memorial 

Airport, Noorvik, AK 

(Lat. 66°49′03′′ N., long. 161°01′20′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 7.3-mile 

radius of the Robert (Bob) Curtis Memorial 

Airport, AK. 

* * * * * 

Issued in Anchorage, AK, on October 15, 

2009. 

Michael A. Tarr, 

Acting Manager, Alaska Flight Services 

Information Area Group. 

[FR Doc. E9–25499 Filed 10–23–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

United States Patent and Trademark 

Office 

37 CFR Parts 2 and 11 

[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. 

ACTION: Final rule. 

SUMMARY: The United States Patent and 

Trademark Office (‘‘Office’’) is revising 

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: This rule is effective December 

28, 2009. 

SUPPLEMENTARY INFORMATION: As noted 

above, the Office is revising 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. 

Practice before the Trademark Trial and 

Appeal Board (‘‘TTAB’’) is largely 

unaffected by the rule. 

References below to ‘‘the Act’’ or ‘‘the 

Trademark Act’’ refer to 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 the 

‘‘TBMP’’ or ‘‘Trademark Trial and 

Appeal Board Manual of Procedure’’ 

refer to the 2nd edition, Rev. 1, March 


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12, 2004. References to a ‘‘party to a 

proceeding’’ refer to a party to a 

proceeding before the TTAB, e.g., an 

opposer, cancellation petitioner, or 

party to an interference or concurrent 

use proceeding. 

On August 14, 2008, the Office 

published a final rule that, inter alia, 

removed §§ 10.14 and 10.18 of this 

chapter and replaced them with new 

§§ 11.14 and 11.18; added a definition 

of ‘‘attorney’’ to § 11.1 of this chapter; 

added § 11.14(f), setting forth the 

requirements and establishing a fee for 

filing a request for reciprocal 

recognition under § 11.14(c) of this 

chapter; and changed cross-references in 

several of the rules in parts 2 and 7 of 

this chapter, effective September 15, 

2008. 

See Changes to Representation of Others 

Before the United States Patent and 

Trademark Office, 73 FR 47650 (Aug. 

14, 2008). 

The cross-references in this notice 

have been changed accordingly. 

The Office has recently published 

another final rule, Miscellaneous 

Changes to Trademark Rules of Practice, 

RIN 0651–AB89, 73 FR 67759 

(November 17, 2008). The changes made 

therein are reflected in §§ 2.62, 2.74, 

2.87, 2.146(c), 2.153, 2.163, 2.167, 

2.171(b)(1), and 2.184 below. 

Overview of Office Practice 

Persons Authorized To Represent Others 

Under 37 CFR 11.14 of this chapter, 

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 § 11.1 of 

this chapter, 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 § 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, 

pursuant to § 11.14(f) of this chapter; 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 § 11.14 of this chapter 

cannot: Prepare documents to be filed in 

the Office; sign amendments, responses 

to Office actions, petitions to the 

Director under § 2.146, letters of express 

abandonment, or notices of change of 

correspondence address for applications 

or registrations; authorize issuance of 

examiner’s amendments and priority 

actions; or otherwise represent an 

applicant, registrant, or party to a 

proceeding in the Office. 5 U.S.C. 

500(d); 37 CFR 11.14(e); TMEP sections 

602.03 and 605.02. 

Recognition of Representative 

To be recognized as a representative, 

a practitioner qualified to practice under 

§ 11.14 of this chapter (‘‘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). A motion to withdraw is 

generally required when a qualified 

practitioner recognized by the TTAB 

will no longer be representing a party to 

a proceeding. Trademark Trial and 

Appeal Board Manual of Procedure 

(‘‘TBMP’’) section 513. 

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. An appointment 

of domestic representative, however, 

remains in effect unless specifically 

revoked or supplanted by appointment 

of a new domestic representative. 

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 

absent a new power of attorney or 

revocation of the previous power. 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 a new 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, 

but the applicant designates in writing 

a correspondence address other than its 

own address, the Office will send 

correspondence to that address if 

appropriate; 

• 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 appropriate; 

or 

• 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 guidelines upon the 

examination of an affidavit under 

section 8, 12(c), 15, or 71 of the 

Trademark 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 may elapse between 

registration and filings under sections 7, 

8, 9, 12(c), 15, and 71 of the Act (which 

could be 10 years or more), the Office 

will recognize a qualified practitioner 

who transmits such a filing even absent 

a new power of attorney or revocation 

of a previous power. 


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Changing the Correspondence Address 

in an Application or Registration 

Once the correspondence address is 

established as discussed above, the 

Office will generally send 

correspondence to that address until a 

written request to change the address is 

submitted, signed by the practitioner 

whom the Office has recognized, 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 recognizes a qualified 

practitioner as the representative of an 

applicant or registrant, only that 

practitioner or another qualified 

practitioner from the same firm may 

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 

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 § 11.14 may not 

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 proper person has 

signed a response to an Office action, 

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 proper person has 

signed a document other than a 

response to an Office action, 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 § 11.14 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 appropriate 

or, alternatively, to the applicant, 

registrant, or party 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. 

Rule Changes 

Terminology 

Comment: One commenter asserts 

that the terms ‘‘registrant,’’ ‘‘owner,’’ 

‘‘owner of a mark’’ and ‘‘owner of the 

registration’’ are used interchangeably 

throughout the rules, and requests 

clarification. 

Response: These terms are not 

interchangeable. ‘‘Registrant’’ is broader 

than ‘‘owner,’’ as it embraces the legal 

representatives, predecessors, 

successors and assigns of the current 

owner, pursuant to section 45 of the 

Trademark Act. 

In rules that govern the representation 

of others and the establishment of the 

correspondence address, the Office has 

used the broader term ‘‘registrant,’’ to 

encompass all parties who could be 

represented or receive correspondence 

in connection with an application, 

registration, or proceeding in the Office. 

In rules that govern the proper party to 

sign and file affidavits under sections 8 

and 15 of the Act, and requests for 

correction, amendment or surrender 

under section 7 of the Act, the more 

specific term ‘‘owner’’ is used. In 

§ 2.184, which governs renewal 

applications, the term ‘‘registrant’’ is 

used for consistency with section 9 of 

the Act. Section 9, as amended by the 

Trademark Law Treaty Implementation 

Act, does not require that a renewal 

application be filed in the name of the 

owner of the registration. Therefore, if a 

renewal applicant is not the owner of 

record, the Office does not require that 

the renewal applicant show continuity 

of title from the original registrant 

before granting renewal. See TMEP 

section 1606.06. 

Discussion of Specific Rules 

A proposed rule was published in the 

Federal Register on June 12, 2008, at 73 

FR 33345, and in the Official Gazette on 

July 8, 2008. The Office received 

comments from one law firm and one 

organization. These comments are 

posted on the Office’s Web site at 

http://www.uspto.gov/web/offices/pac/ 

dapp/opla/comments/ 

tm_comments2008aug20a/index.htm, 

and are addressed below. 

Where appropriate, the Office has 

reworded and/or reorganized the rules 

for clarity, and added headings to 

facilitate navigation through the rules. 

Section 2.17(a) is redesignated as 

§ 2.17(b)(2). 

Section 2.17(b) is redesignated as 

§ 2.17(f). 

Section 2.17(c) is redesignated as 

§ 2.17(b), and revised 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 or registrant is not 

already represented by a qualified 

practitioner from a different firm. This 

is consistent with TMEP sections 602.01 

and 602.07. 

Section 2.17(c) sets forth the 

requirements for powers of attorney. A 

power must: (1) Designate by name at 

least one practitioner qualified to 

practice under 37 CFR § 11.14; 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 an 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). 

Section 2.17(c)(2) provides further 

that if the applicant, registrant, or party 

revokes an original power of attorney, 

the revocation discharges any associate 

power signed by the practitioner whose 

power has been revoked; and that 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. 

Comment: One comment noted that 

the proposed rule did not address 

unrepresented joint applicants. 

Response: Section 2.17(c)(2) now 

states that in the case of joint applicants 


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or joint registrants, all must sign the 

power of attorney. This is consistent 

with § 2.193(e)(3). 

Section 2.17(d) is amended to provide 

that the owner of an application or 

registration may appoint an attorney 

through the Trademark Electronic 

Application System (‘‘TEAS’’) for up to 

twenty applications or registrations per 

TEAS form that have the identical 

owner and attorney. This is consistent 

with TMEP section 602.01(a). 

Section 2.17(e) sets 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 § 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 § 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 § 11.6(c) must file 

an application for and be granted 

reciprocal recognition to practice before 

the Office in trademark cases, pursuant 

to § 11.14(f) of this chapter. The 

application for reciprocal recognition 

must include the fee required by 

§ 1.21(a)(1)(i) of this chapter, and proof 

that the attorney or agent satisfies the 

requirements of 35 U.S.C. 32 and 37 

CFR 11.14(c). See notice at 73 FR 47650 

(Aug. 14, 2008). The OED Director must 

grant the request for reciprocal 

recognition before representation is 

undertaken and before the Canadian 

attorney or agent files an application or 

other document in the Office. 

Once recognized by OED, the 

Canadian attorney or agent may only 

represent parties who are located in 

Canada. He or she cannot represent 

Canadian nationals who are not located 

in Canada. Thus, for example, a 

Canadian attorney or agent may not 

represent a Canadian national who 

resides in California and has access to 

a mailing address in Canada. 

Section 2.17(g)(1) is added 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. 

Section 2.17(g)(2) provides that the 

Office considers a power of attorney 

filed after registration to end when the 

registration is cancelled or expired, or 

when ownership changes. If the power 

was filed in connection with an affidavit 

under section 8, 12(c), 15 or 71 of the 

Trademark 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. 

Section 2.18 is reorganized to clarify 

the procedures for establishing and 

changing a correspondence address. 

Section 2.18(a)(2) provides that if a 

qualified practitioner transmits a 

document(s) on behalf of an applicant or 

registrant, the Office will send 

correspondence to the practitioner 

transmitting the document(s) only if the 

applicant or registrant is not already 

represented by another qualified 

practitioner from a different firm. This 

is consistent with TMEP sections 

602.07, 603.01, and 603.02(a). 

Section 2.18(a)(6) provides that the 

Office will send correspondence to only 

one address in an ex parte matter. This 

is consistent with current § 2.18(b). 

Comment: If correspondence is being 

sent electronically, there would appear 

to be no reason why the Office cannot 

send correspondence to more than one 

e-mail address. The TTAB sends 

correspondence to more than one e-mail 

address, as requested by the parties who 

file papers with the TTAB. 

Response: The Office has revised 

§ 2.18(a)(6) to indicate that it applies 

only to ex parte matters. Sending e-mail 

correspondence to more than one 

address in an ex parte matter would 

create confusion. It is important that the 

Office, as well as any interested third 

parties, have one specific address to 

which correspondence concerning an 

application or registration can be sent. 

It is also important that an applicant, 

registrant, or party to a proceeding know 

where to look for official 

correspondence and who is responsible 

for handling incoming communications. 

Section 2.18(a)(7) provides that 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 

revocation of the power of attorney 

under § 2.19(a) and/or a new power of 

attorney that meets the requirements of 

§ 2.17(c). The rule provides further 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). 

Comment: One comment suggests that 

the Office emphasize that where 

practitioners change law firms, the filing 

of a change of correspondence address 

does not revoke any prior powers of 

attorney or associate power of attorney. 

The commenter recommends that the 

rule ‘‘provide for practitioners to file a 

revocation/power of attorney when 

changing firms to ensure practitioners 

from the previous firm will not still be 

authorized to represent the client.’’ 

Further, since the choice of counsel is 

determined by the applicant, the 

commenter recommends ‘‘that the rule 

[provide] for approval by the applicant 

of the change in the power of attorney.’’ 

The commenter notes that the 

revocation will automatically update the 

correspondence address. Further, this 

places the burden on the practitioner. 

Response: Sections 2.18(a)(7) and 

2.19(a)(3) explicitly provide that a 

request to change the correspondence 

address does not revoke a power of 

attorney. When more than one qualified 

practitioner is of record and one of them 

changes firms, there is no need to obtain 

a new power of attorney or revocation 

of the previous power, signed by the 

client, in every case. If there is ongoing 

representation by co-counsel at the 

original firm, the departing attorney 

should file a request or, if applicable, 

motion with the TTAB, to withdraw, 

pursuant to § 2.19(b). When more than 

one qualified practitioner is of record 

and one or more of them changes firms, 

the burden is already on the 

practitioners to determine who is 

responsible for handling pending 

matters, obtain any necessary powers of 

attorney or revocations from the client, 

and file the necessary documents in the 

Office. Rules 2.17(c)(2), 2.18(a)(7) and 

2.19(a) require a new power of attorney 

or revocation of the previous power, 

signed by the client, in order to effect a 

change in representation, or to send 

correspondence to a different firm. 

When a power is revoked or a 

practitioner withdraws, this discharges 

any associate power signed by the 

practitioner who withdraws or whose 

power has been revoked. 

Comment: One commenter suggests 

that a revocation or new power of 

attorney should be required only when 

a power of attorney is of record for the 

previously recognized practitioner, and 

not where the previous practitioner was 

recognized by appearing in person or 

filing a paper on behalf of the party that 


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54902 Federal Register / Vol. 74, No. 205 / Monday, October 26, 2009 / Rules and Regulations 

he or she represents. ‘‘We urge the PTO 

not to adopt a requirement that an 

applicant/registrant must file a 

revocation of power of attorney in 

instances when it has not granted a 

power of attorney in the first place.’’ 

Response: Section 2.17 has long 

provided three ways in which a 

practitioner can be recognized as a 

representative. There is no logical basis 

for treating the termination of such 

recognition differently based on the 

manner in which the representative was 

recognized. 

Comment: One comment notes that, 

until recently, the Office would accept 

a simple ‘‘change of address of 

correspondence’’ instruction from a 

qualified practitioner as sufficient to 

change the address to which it directed 

correspondence. It is unclear why this 

procedure was abandoned. The 

commenter urges the Office to permit 

either the applicant/registrant or the 

new qualified practitioner to sign and 

file a request for ‘‘Change of Address for 

Correspondence,’’ instead of a new 

power of attorney or revocation of the 

previous power. 

Response: When a qualified 

practitioner represents an applicant or 

registrant, a new practitioner from a 

different firm could never properly 

authorize a change of correspondence 

address. Prior to 2006, the Office would 

accept a change of correspondence 

address signed by an applicant or 

registrant who was represented by a 

qualified practitioner, even if no new 

power of attorney or revocation of the 

previous power was filed. However, to 

ensure that the record is clear as to who 

is authorized to represent applicants 

and registrants, and to prevent 

unauthorized parties from taking actions 

in connection with applications and 

registrations, the better practice is to 

require a new power of attorney or 

revocation of the previous power to 

change the address to which official 

correspondence is sent. Since the 

Madrid Protocol was implemented in 

2003, an increasing number of persons 

who are not qualified under § 11.14 of 

this chapter (e.g., foreign attorneys) have 

attempted to represent applicants and 

registrants. There have also been several 

cases in which adverse or unauthorized 

parties have attempted to divert 

correspondence and/or take 

inappropriate actions such as express 

abandonments of applications. 

Therefore, the Office seeks to ensure 

that a proper party signs all 

communications and that the record is 

clear as to who is authorized to conduct 

business. 

Section 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. 

New § 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 § 2.193(e)(9). This is 

consistent with current § 2.18(b) and 

TMEP sections 603.02 and 603.02(a). 

Section 2.18(b)(3) provides that if an 

applicant or registrant files a new power 

of attorney that meets the requirements 

of § 2.17(c), the Office will change the 

correspondence address to that of the 

practitioner named in the power. 

Section 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). 

Comment: One commenter 

understands the rule to mean that the 

correspondence address of a practitioner 

filing a document will only be 

recognized if the Office has not 

otherwise recognized a qualified 

practitioner at the time the document is 

filed. 

Response: That is correct. 

Comment: In some instances, 

applicants/registrants request outside 

counsel to prepare and file responses to 

Office actions but do not wish the 

address for correspondence to be 

changed to that of counsel. There is no 

reason for the Office to ‘‘construe’’ such 

a filing as a request for a change of 

address for correspondence. If that 

change is desired, it is simple enough 

for the applicant/registrant or qualified 

practitioner to include specific 

instructions in this regard in the filing. 

Thus, we urge the Office not to adopt a 

rule that would establish a default 

procedure by which the filing of such a 

response would be ‘‘construed’’ as 

including a request for change of 

correspondence. 

Response: The Office’s practice of 

corresponding with the attorney of 

record is consistent with current 

§ 2.18(a), which has been in effect for 

many years and has worked well. The 

Office sees no reason to change the 

practice. If the Office ever did want to 

change this practice, it would issue 

another proposed rule, in order to 

provide notice and solicit comment 

from practitioners who may have come 

to rely on existing practice. If an 

applicant or registrant does not want the 

correspondence address to be changed 

to the address of the outside counsel 

who transmits a response to an Office 

action, counsel should include clear 

instructions stating the address to which 

correspondence should be sent in the 

response. 

Section 2.18(c)(1) is added 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 

under section 8, 12(c), 15 or 71 of the 

Trademark Act, a renewal application 

under section 9 of the Act, or a 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 may elapse between 

filings under sections 7, 8, 9, 12(c), 15, 

and 71 of the Act (which could be ten 

years or more), the Office automatically 

enters a new correspondence address 

upon examination of each filing. 

Section 2.18(c)(2) is added to provide 

that once the Office establishes a 

correspondence address upon 

examination of an affidavit, a renewal 

application or a section 7 request, a 

written request to change the address in 

accordance with § 2.18(b)(2) 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 respond 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 correspond with Attorney B. 

Example 2: Attorney A transmits an 

affidavit of use under section 8, and the 

Office accepts the affidavit. If 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 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, 


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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 correspond with 

Attorney B. 

Section 2.19(a) is revised to clarify the 

requirements for revocation of a power 

of attorney. New § 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 (e.g., a corporate 

officer or general partner of a 

partnership). This is consistent with 

TMEP section 602.04. 

Comment: The proposed rule does not 

address the situation of unrepresented 

joint applicants. 

Response: Section 2.19(a)(1) now 

states that in the case of joint applicants 

or joint registrants, all must sign the 

revocation. This is consistent with 

§ 2.193(e)(3). 

Section 2.19(a)(3) states that a request 

to change the correspondence address 

does not revoke a power of attorney. 

This is consistent with § 2.18(a)(7), 

discussed above. 

Section 2.19(a)(4) states that a new 

power of attorney that meets the 

requirements of § 2.17(c) will be treated 

as a revocation of the previous power. 

The provision in the current § 2.19(a) 

that the Office will notify the affected 

person of the revocation of his or her 

authorization is removed. 

Section 2.19(b) is revised to set forth 

the requirements for filing a request to 

withdraw as attorney. This is consistent 

with TMEP section 602.05. The 

withdrawing practitioner should file the 

request soon after notifying 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 

qualified practitioner of record, a 

statement that representation by cocounsel is ongoing. 

Section 2.22(a)(11) is amended to 

change a cross-reference. 

Section 2.24 is redesignated as 

§ 2.24(a), and amended to provide that 

if an applicant is not domiciled in the 

United States, the applicant may 

designate a domestic representative (i.e., 

a person residing in the United States 

on whom notices or process may be 

served in proceedings affecting the 

mark) by either: (1) Setting forth the 

name and address of the domestic 

representative in the initial application; 

or (2) filing a separate designation 

setting forth the name and address of 

the domestic representative, 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 initial application sets 

forth the designation of domestic 

representative, the designation may be 

signed by a person authorized to sign 

the application on behalf of applicant, 

pursuant to new § 2.193(e)(1). The 

Office does not question the authority of 

the signatory, unless the record presents 

an inconsistency as to the signatory’s 

authority to sign. TMEP section 804.04. 

Section 2.24(b) is added 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 

(e.g., a corporate officer or general 

partner of a partnership). 

Section 2.33(a) is amended to remove 

the definition of ‘‘person properly 

authorized to sign’’ a verification on 

behalf of applicant, and replace it with 

a cross-reference to § 2.193(e)(1). The 

substance of this definition is 

unchanged. 

Section 2.33(d), which provided for 

signature of verifications in applications 

filed through TEAS, is removed as 

unnecessary. Section 2.193(c) sets forth 

the procedure for signing a TEAS 

document. This procedure is 

unchanged. 

Section 2.62(b) is amended to add a 

cross-reference to § 2.193(e)(2). 

Section 2.64(b) is amended 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 

(e.g., a corporate officer or general 

partner of a partnership), or a qualified 

practitioner, in accordance with the 

requirements of § 2.193(e)(2). This is 

consistent with current practice. 

Section 2.68 is amended 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 

(e.g., a corporate officer or general 

partner of a partnership), or a qualified 

practitioner, in accordance with the 

requirements of § 2.193(e)(2). This is 

consistent with TMEP section 718.01. 

Sections 2.74(b), 2.76(b)(1), 2.87(f), 

2.88(b)(1), 2.89(a)(3), 2.89(b)(3), 

2.101(b), 2.102(a), 2.111(b), 2.119(d), 

and 2.146(c) are amended to add crossreferences to § 2.193. 

Section 2.153 is amended to require 

that an affidavit or declaration claiming 

the benefits of the Act of 1946, pursuant 

to section 12(c) of the Act, be filed by 

the current owner and signed by the 

owner or by a person properly 

authorized to sign on behalf of the 

owner. This is consistent with TMEP 

section 1603. 

Section 2.161(b) is amended 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 

§ 2.193(e)(1). The substance of this 

definition is unchanged. 

Section 2.163(b), 2.167(a), and 

2.171(b) are amended to add crossreferences to § 2.193. 

Section 2.172 is amended 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. 

Section 2.184(b)(2) is amended to add 

a cross-reference to § 2.193(e)(2). 

Section 2.193(a) is redesignated as 

§ 2.193(g). 

Section 2.193(b) is redesignated as 

§ 2.193(h). 

Current § 2.193(c)(1) is revised and 

separated into §§ 2.193(a), (b) and (c). 

Section 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 rule 

makes clear that a handwritten signature 

must be personally signed by the person 

named as the signatory, and that an 

electronic signature must be personally 

entered by the person named as the 

signatory. 

Comment: One comment ‘‘disagree[s] 

with the proposed change and 

definition of electronic signatures,’’ and 

asserts that ‘‘[s]ince the attorneys 

assume liability and responsibility for 

the signing forms, it is common legal 

practice for attorneys to authorize others 

to sign on their behalf.’’ To assist with 


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54904 Federal Register / Vol. 74, No. 205 / Monday, October 26, 2009 / Rules and Regulations 

this proposed change, the commenter 

requests that the forms be ‘‘portable for 

signature to allow for easier compliance 

with this rule.’’ 

Response: The requirement that 

attorneys personally sign documents 

that they file in the Office is not a 

change, having previously been required 

by § 10.18(a) of this chapter. See Boyds 

Collection Ltd. v. Herrington & Co., 65 

USPQ2d 2017, 2018, n.4 (TTAB 2003). 

Section 10.18(a) was recently replaced 

by § 11.18(a), which requires that ‘‘each 

piece of correspondence filed by a 

practitioner in the Office must bear a 

signature, personally signed by such 

practitioner.’’ See notice at 73 FR 47650 

(Aug. 14, 2008). 

Two methods are already in place that 

can be used to obtain signatures from 

clients or reviewers before filing a TEAS 

document: 

• The document can be completed 

on-line and e-mailed to the signatory for 

electronic signature from within TEAS. 

The signatory signs the document and it 

is automatically returned via TEAS to 

the party who requested the signature; 

or 

• The document can be filled out online, printed in text form, and mailed or 

faxed to the signatory. The signatory 

signs the printed document in the 

traditional pen-and-ink manner. The 

signature portion, along with a 

declaration if required, is scanned to 

create a .jpg or .pdf image file that is 

attached to the TEAS filing. 

Section 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 the Electronic System for 

Trademark Trials and Appeals 

(‘‘ESTTA’’). This is consistent with 

TMEP section 804.05. 

Section 2.193(c) sets forth the 

requirements for signing a document 

electronically, previously set forth in 

§ 2.193(c)(1)(iii). The substance is 

unchanged. 

Section 2.193(c)(2) is redesignated as 

§ 2.193(f). 

Section 2.193(d) requires that the 

name of the person who signs a 

document in connection with a 

trademark application, registration, or 

proceeding before the TTAB 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). 

Section 2.193(d) is redesignated as 

§ 2.193(i). 

Section 2.193(e) sets forth the proper 

person(s) to sign various types of 

documents that are commonly filed in 

connection with trademark applications 

and registrations. 

Section 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, allegation of use under 

§ 2.76 or § 2.88, request for extension of 

time to file a statement of use under 

§ 2.89, or an affidavit under section 8, 

12(c), 15, or 71 of the Trademark Act. 

This is consistent with current 

§§ 2.33(a) and 2.161(b). 

Section 2.193(e)(2) provides that 

responses to Office actions, 

amendments to applications, requests 

for reconsideration of final actions, 

requests for express abandonment, 

requests to divide, and notices of change 

of correspondence address in an 

application or registration must be 

signed by the owner of the application 

or 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 §§ 2.62(b), 

2.64(b), 2.68(a), 2.74(b), 2.87(f), and 

2.184(b)(2). 

Section 2.193(e)(2)(i) provides that if 

the owner is represented by a qualified 

practitioner, the practitioner must sign, 

except where the owner is required to 

sign the correspondence. This is 

consistent with current § 11.18(a). This 

applies to both in-house and outside 

counsel. 

Section 2.193(e)(2)(ii) provides that if 

the owner is not represented by a 

qualified practitioner, the individual 

owner or someone with legal authority 

to bind the owner (e.g., a corporate 

officer or general partner of a 

partnership) must sign. In the case of 

joint owners 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). 

Comment: One commenter notes that 

the requirement for signature by all joint 

owners creates an additional burden if 

the document is being composed and 

sent through TEAS or ESTTA, or if 

examiner’s amendments need to be 

cleared with each applicant. However, 

the commenter understands that the 

percentage of unrepresented joint 

owners is small and that the Office 

intends to avoid the situation where one 

unrepresented joint owner speaks for 

the other(s) without authorization. 

Response: Since one joint owner does 

not have authority to bind another, the 

Office believes that all must sign. 

Section 2.193(e)(3) provides that 

powers of attorney and revocations of 

powers of attorney must be signed by 

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); 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; that if the applicant or 

registrant revokes the original power of 

attorney, the revocation also discharges 

any associate power signed by the 

practitioner whose power has been 

revoked; and that 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. 

This is consistent with §§ 2.17(c) and 

2.19(a), discussed above. 

Comment: Under current practice, 

when an attorney files an application, 

the on-line power of attorney form can 

be signed by the filing attorney. The 

proposed rule would require a change in 

the on-line form. If the proposed rule is 

not intended to apply in the initial filing 

stage, but only to subsequent 

designations, this distinction should be 

made clear in the proposed rule. 

Response: It is not now and never has 

been acceptable for an attorney to sign 

a power appointing himself or herself as 

the attorney of record, even with the 

initial application. However, if the 

initial application is accompanied by an 

improper power of attorney (e.g., a 

power signed by the designated 

attorney), the Office generally does not 

require a properly signed power, 

because the filing of a power of attorney 

is not mandatory in a trademark case 

under current § 2.17(c) (new 

§ 2.17(b)(1)). The Office will disregard 

the improperly signed power and 

recognize the attorney who submitted 

the application based on the attorney’s 

signature and appearance on behalf of 

the applicant. See TMEP section 602.01. 

When an applicant is already 

represented by a qualified practitioner, 

and a new practitioner from a different 

firm takes over, the Office requires a 

properly signed power of attorney or 

revocation of the previous power before 

recognizing the new attorney. 

Section 2.193(e)(4) provides that a 

petition to revive under § 2.66 must be 

signed by someone with firsthand 

knowledge of the facts regarding 

unintentional delay. This is consistent 

with current §§ 2.66(b)(2) and (c)(2). 

Section 2.193(e)(5) provides that a 

petition to the Director under § 2.146 


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must be signed by the petitioner, 

someone with legal authority to bind the 

petitioner (e.g., a corporate officer or 

general partner of a partnership), or a 

qualified practitioner, in accordance 

with the following guidelines: 

• If the petitioner is represented by a 

qualified practitioner, the practitioner 

must sign; or 

• If the petitioner is not represented 

by a qualified practitioner, the 

individual petitioner or someone with 

legal authority to bind the petitioner 

(e.g., a corporate officer or general 

partner of a partnership) must sign. 

Section 2.193(e)(6) provides that a 

request for correction, amendment, or 

surrender of a registration must 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; and that in the 

case of joint owners who are not 

represented by a qualified practitioner, 

all must sign. 

Section 2.193(e)(7) provides that a 

renewal application must be signed by 

the registrant or the registrant’s 

representative. This is consistent with 

§ 2.183(a). 

Section 2.193(e)(8) 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. 

Section 2.193(e)(9) provides that a 

notice of change of correspondence 

address in an application or registration 

must be signed by 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, in accordance with the 

following guidelines: 

• If the applicant or registrant is 

represented by a qualified practitioner, 

the practitioner must sign; or 

• 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. 

Section 2.193(e)(10) provides that the 

person transmitting paper 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. 

Comment: One commenter notes that 

when TTAB documents are filed 

through ESTTA, the electronic filing 

cover sheet must be signed by a person 

with authority. If not properly signed, 

the filing may be rejected if the attached 

documents are signed by an 

unauthorized person. 

Response: The Office has revised 

§ 2.193(e)(10) to indicate that it applies 

only to paper documents. For 

documents filed through TEAS, no 

cover letter or transmittal letter is 

generated. In ESTTA, the system 

generates a filing form that either stands 

alone and serves as the paper being 

filed, or is integrated with one or more 

attachments into a single, combined 

filing. As the commenter has correctly 

noted, the Board views the ESTTA filing 

form and any attachments thereto as 

comprising a single document, and the 

signer of the ESTTA form is responsible 

for the content of the attachments. See 

PPG Industries, Inc. v. Guardian 

Industries Corp., 73 USPQ2d 1926 

(TTAB 2005) regarding signature of 

ESTTA documents. 

Section 11.18(a) is amended to add 

cross-references to §§ 1.4(d)(2) and 

2.193(a). 

Rulemaking 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 

Office hereby certifies to the Chief 

Counsel for Advocacy of the Small 

Business Administration that this final 

rule, 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 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 rule changes 

merely codify existing practice. 

Although the rules may affect trademark 

applicants or registrants, because they 

codify the existing practice of the Office, 

the changes set forth 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 will 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 rule 

involves information collection 

requirements which are subject to 

review by the Office of Management and 

Budget (‘‘OMB’’) under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). The collection of information in 

this 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 rule will 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 


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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 

37 CFR Part 2 

Administrative practice and 

procedure, Trademarks. 

37 CFR Part 11 

Administrative practice and 

procedure, Lawyers. 

■ For the reasons given in the preamble 

and under the authority contained in 5 

U.S.C. 500, 15 U.S.C. 1123 and 35 

U.S.C. 2 and 32, the Office is amending 

parts 2 and 11 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 § 2.17 to read as follows: 

§ 2.17 Recognition for representation. 

(a) Authority to practice in trademark 

cases. Only an individual qualified to 

practice under § 11.14 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 § 11.14 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 § 11.14 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 § 11.14 of this chapter from a 

different firm. 

(2) Signature as certificate of 

authorization to represent. When a 

practitioner qualified under § 11.14 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 

§ 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. 

(d) Power of attorney relating to 

multiple applications or registrations. 

(1) The owner of an application or 

registration may appoint a 

practitioner(s) qualified to practice 

under § 11.14 of this chapter for up to 

twenty applications or registrations that 

have the identical owner name and 

attorney through TEAS. 

(2) The owner of an application or 

registration may file a power of attorney 

that relates to more than one trademark 

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 § 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 § 11.6(c), may represent 

parties located in Canada if he or she 

has been authorized to do so by the 

Director of the Office of Enrollment and 

Discipline, pursuant to § 11.14(f) of this 

chapter. 

(f) Non-lawyers. A non-lawyer may 

not act as a representative except in the 

limited circumstances set forth in 

§ 11.14(b) of this chapter. Before any 

non-lawyer who meets the requirements 

of § 11.14(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 under section 8, 12(c), 15 or 71 

of the Trademark 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 § 2.18 to read as follows: 

§ 2.18 Correspondence, with whom held. 

(a) Establishing the correspondence 

address. (1) If a written power of 

attorney that meets the requirements of 

§ 2.17 is filed, the Office will send 

correspondence to the practitioner 

designated in the power. 

(2) If a practitioner qualified under 

§ 11.14 of this chapter transmits a 

document(s) on behalf of an applicant, 


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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 § 11.14 of 

this chapter and the applicant, 

registrant, or party to the proceeding 

designates a correspondence address in 

writing, the Office will send 

correspondence to the designated 

address if appropriate. 

(4) If an application, registration or 

proceeding is not being prosecuted by a 

practitioner qualified under § 11.14 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 if appropriate. 

(5) If the application, registration or 

proceeding is not being prosecuted by a 

practitioner qualified under § 11.14 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 in 

an ex parte matter. 

(7) Once the Office has recognized a 

practitioner qualified under § 11.14 of 

this chapter 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 practitioner 

from a different firm, unless the 

applicant or registrant files a revocation 

of the power of attorney under § 2.19(a), 

and/or a new power of attorney that 

meets the requirements of § 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 (e.g., a 

corporate officer or general partner of a 

partnership), or a practitioner qualified 

to practice under § 11.14 of this chapter, 

in accordance with § 2.193(e)(9). 

(3) If an applicant or registrant files a 

new power of attorney that meets the 

requirements of § 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 

§ 11.14 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, 12(c), 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 

under section 8, 12(c), 15 or 71 of the 

Trademark 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 § 11.14 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 if appropriate, 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 

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 § 2.19 to read as follows: 

§ 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). In the case of joint 

applicants or joint registrants, all must 

sign. 

(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 

appropriate. 

(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 § 2.17(c) will 

be treated as a revocation of the 

previous power. 

(b) Withdrawal of attorney. If the 

requirements of § 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 or, when 

applicable, upon motion granted by the 

Trademark Trial and Appeal Board. 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 qualified 

practitioner is of record, a statement that 

representation by co-counsel is ongoing. 

■ 5. Revise § 2.22(a)(11) to read as 

follows: 

§ 2.22 Filing requirements for a TEAS Plus 

application. 

(a) * * * 

(11) A verified statement that meets 

the requirements of § 2.33, dated and 

signed by a person properly authorized 

to sign on behalf of the owner pursuant 

to § 2.193(e)(1); 

* * * * * 

■ 6. Revise § 2.24 to read as follows: 


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§ 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 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) by either: 

(i) Setting forth the name and address 

of the domestic representative in the 

initial application; or 

(ii) Filing a separate designation 

setting forth the name and address of 

the domestic representative, 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 qualified 

to practice under § 11.14 of this chapter. 

(2) If the applicant does not file a 

document designating the name and 

address of a person residing in the 

United States on whom notices or 

process in proceedings affecting the 

mark may be served, 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 § 11.14 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 qualified to practice under 

§ 11.14 of this chapter. 

■ 7. Amend § 2.33 by revising paragraph 

(a) to read as follows, and removing and 

reserving paragraph (d): 

§ 2.33 Verified statement. 

(a) The application must include a 

statement that is signed in accordance 

with the requirements of § 2.193 and 

verified (sworn to) or supported by a 

declaration under § 2.20 by a person 

properly authorized to sign on behalf of 

the applicant under § 2.193(e)(1). 

* * * * * 

■ 8. Revise § 2.62(b) to read as follows: 

§ 2.62 Procedure for filing response. 

* * * * * 

(b) Signature. The response 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 qualified to practice under 

§ 11.14 of this chapter, in accordance 

with the requirements of § 2.193(e)(2). 

■ 9. Revise § 2.64(b) to read as follows: 

§ 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 request 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 qualified 

to practice under § 11.14, in accordance 

with the requirements of § 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. 

* * * * * 

■ 10. Revise § 2.68 to read as follows: 

§ 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 

applicant (e.g., a corporate officer or 

general partner of a partnership), or a 

practitioner qualified to practice under 

§ 11.14 of this chapter, in accordance 

with the requirements of § 2.193(e)(2). 

(b) Rights in the mark not affected. 

Except as provided in § 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. 

■ 11. Revise § 2.74(b) to read as follows: 

§ 2.74 Form and signature of amendment. 

* * * * * 

(b) Signature. A request for 

amendment of an application 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 qualified to practice under 

§ 11.14 of this chapter, in accordance 

with the requirements of § 2.193(e)(2). If 

the amendment requires verification, 

the verification must be sworn to or 

supported by a declaration under § 2.20 

by a person properly authorized to sign 

on behalf of the applicant under 

§ 2.193(e)(1). 

■ 12. Revise § 2.76(b)(1) introductory 

text to read as follows: 

§ 2.76 Amendment to allege use. 

* * * * * 

(b) * * * 

(1) A statement that is signed and 

verified (sworn to) or supported by a 

declaration under § 2.20 by a person 

properly authorized to sign on behalf of 

the applicant (see § 2.193(e)(1)) that: 

* * * * * 

■ 13. Revise § 2.87(f) to read as follows: 

§ 2.87 Dividing an application. 

* * * * * 

(f) Signature. The request to divide 

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 § 11.14, in accordance with the 

requirements of § 2.193(e)(2). 

* * * * * 

■ 14. Revise § 2.88(b)(1) introductory 

text to read as follows: 

§ 2.88 Filing statement of use after notice 

of allowance. 

* * * * * 

(b) * * * 

(1) A statement that is signed and 

verified (sworn to) or supported by a 

declaration under § 2.20 by a person 

properly authorized to sign on behalf of 

the applicant (see § 2.193(e)(1)) that: 

* * * * * 

■ 15. Revise § 2.89(a)(3) and (b)(3) to 

read as follows: 

§ 2.89 Extensions of time for filing a 

statement of use. 

(a) * * * 

(3) A statement that the applicant still 

has a bona fide intention to use the 

mark in commerce, specifying the 

relevant goods or services, signed and 

verified (sworn to) or supported by a 

declaration under § 2.20 by a person 

properly authorized to sign on behalf of 

the applicant (see § 2.193(e)(1)). If the 

verification is unsigned or signed by the 

wrong party, the applicant must submit 

a substitute verification within six 

months of the date of issuance of the 

notice of allowance. 

* * * * * 

(b) * * * 

(3) A statement that the applicant still 

has a bona fide intention to use the 

mark in commerce, specifying the 

relevant goods or services, signed and 

verified (sworn to) or supported by a 

declaration under § 2.20 by a person 


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properly authorized to sign on behalf of 

the applicant (see § 2.193(e)(1)). If the 

verification is unsigned or signed by the 

wrong party, the applicant must submit 

a substitute verification before the 

expiration of the previously granted 

extension; and 

* * * * * 

■ 16. Revise § 2.101(b) introductory text 

to read as follows: 

§ 2.101 Filing an opposition. 

* * * * * 

(b) Any person who believes that he, 

she or it would be damaged by the 

registration of a mark on the Principal 

Register may file an opposition 

addressed to the Trademark Trial and 

Appeal Board and must serve a copy of 

the opposition, including any exhibits, 

on the attorney of record for the 

applicant or, if there is no attorney, on 

the applicant or on the applicant’s 

domestic representative, if one has been 

appointed, at the correspondence 

address of record in the Office. The 

opposer must include with the 

opposition proof of service pursuant to 

§ 2.119 at the correspondence address of 

record in the Office. If any service copy 

of the opposition is returned to the 

opposer as undeliverable, the opposer 

must notify the Board within ten days 

of receipt of the returned copy. The 

opposition need not be verified, but 

must be signed by the opposer or the 

opposer’s attorney, as specified in § 11.1 

of this chapter, or other authorized 

representative, as specified in § 11.14(b) 

of this chapter. Electronic signatures 

pursuant to § 2.193(c) are required for 

oppositions filed through ESTTA under 

paragraphs (b)(1) or (2) of this section. 

* * * * * 

■ 17. Revise § 2.102(a) introductory text 

to read as follows: 

§ 2.102 Extension of time for filing an 

opposition. 

(a) Any person who believes that he, 

she or it would be damaged by the 

registration of a mark on the Principal 

Register may file in the Office a written 

request, addressed to the Trademark 

Trial and Appeal Board, to extend the 

time for filing an opposition. The 

written request need not be verified, but 

must be signed by the potential opposer 

or by the potential opposer’s attorney, as 

specified in § 11.1 of this chapter, or 

authorized representative, as specified 

in § 11.14(b) of this chapter. Electronic 

signatures pursuant to § 2.193(c) are 

required for electronically filed 

extension requests. 

* * * * * 

■ 18. Revise § 2.111(b) to read as 

follows: 

§ 2.111 Filing petition for cancellation. 

* * * * * 

(b) Any person who believes that he, 

she or it is or will be damaged by a 

registration may file a petition, 

addressed to the Trademark Trial and 

Appeal Board, for cancellation of the 

registration in whole or in part. 

Petitioner must serve a copy of the 

petition, including any exhibits, on the 

owner of record for the registration, or 

on the owner’s domestic representative 

of record, if one has been appointed, at 

the correspondence address of record in 

the Office. The petitioner must include 

with the petition for cancellation proof 

of service, pursuant to § 2.119, on the 

owner of record, or on the owner’s 

domestic representative of record, if one 

has been appointed, at the 

correspondence address of record in the 

Office. If any service copy of the 

petition for cancellation is returned to 

the petitioner as undeliverable, the 

petitioner must notify the Board within 

ten days of receipt of the returned copy. 

The petition for cancellation need not 

be verified, but must be signed by the 

petitioner or the petitioner’s attorney, as 

specified in § 11.1 of this chapter, or 

other authorized representative, as 

specified in § 11.14(b) of this chapter. 

Electronic signatures pursuant to 

§ 2.193(c) are required for petitions 

submitted electronically via ESTTA. 

The petition for cancellation may be 

filed at any time in the case of 

registrations on the Supplemental 

Register or under the Act of 1920, or 

registrations under the Act of 1881 or 

the Act of 1905 which have not been 

published under section 12(c) of the 

Act, or on any ground specified in 

section 14(3) or (5) of the Act. In all 

other cases, the petition for cancellation 

and the required fee must be filed 

within five years from the date of 

registration of the mark under the Act or 

from the date of publication under 

section 12(c) of the Act. 

* * * * * 

■ 19. Revise § 2.119(d) to read as 

follows: 

§ 2.119 Service and signing of papers. 

* * * * * 

(d) If a party to an inter partes 

proceeding is not domiciled in the 

United States and is not represented by 

an attorney or other authorized 

representative located in the United 

States, the party may designate by 

document filed in the United States 

Patent and Trademark Office the name 

and address of a person residing in the 

United States on whom may be served 

notices or process in the proceeding. If 

the party has appointed a domestic 

representative, official communications 

of the United States Patent and 

Trademark Office will be addressed to 

the domestic representative unless the 

proceeding is being prosecuted by an 

attorney at law or other qualified person 

duly authorized under § 11.14(c) of this 

subchapter. If the party has not 

appointed a domestic representative and 

the proceeding is not being prosecuted 

by an attorney at law or other qualified 

person, the Office will send 

correspondence directly to the party, 

unless the party designates in writing 

another address to which 

correspondence is to be sent. The mere 

designation of a domestic representative 

does not authorize the person 

designated to prosecute the proceeding 

unless qualified under § 11.14(a), or 

qualified under § 11.14(b) and 

authorized under § 2.17(f). 

* * * * * 

■ 20. Revise § 2.146(c) to read as 

follows: 

§ 2.146 Petitions to the Director. 

* * * * * 

(c) Every petition to the Director shall 

include a statement of the facts relevant 

to the petition, the points to be 

reviewed, the action or relief requested, 

and the fee required by § 2.6. Any brief 

in support of the petition shall be 

embodied in or accompany the petition. 

The petition must be signed by the 

petitioner, someone with legal authority 

to bind the petitioner (e.g., a corporate 

officer or general partner of a 

partnership), or a practitioner qualified 

to practice under § 11.14 of this chapter, 

in accordance with the requirements of 

§ 2.193(e)(5). When facts are to be 

proved on petition, the petitioner must 

submit proof in the form of affidavits or 

declarations in accordance with § 2.20, 

signed by someone with firsthand 

knowledge of the facts to be proved, and 

any exhibits. 

* * * * * 

■ 21. Revise § 2.153 to read as follows: 

§ 2.153 Publication requirements. 

The owner of a mark registered under 

the provisions of the Trademark Act of 

1881 or 1905 may at any time prior to 

the expiration of the period for which 

the registration was issued or renewed, 

upon the payment of the prescribed fee, 

file an affidavit or declaration in 

accordance with § 2.20 setting forth 

those goods or services in the 

registration on or in connection with 

which said mark is in use in commerce, 

and stating that the owner claims the 

benefits of the Act of 1946. The affidavit 

or declaration must be signed by a 


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person properly authorized to sign on 

behalf of the owner under § 2.193(e)(1). 

■ 22. Revise § 2.161(b) to read as 

follows: 

§ 2.161 Requirements for a complete 

affidavit or declaration of continued use or 

excusable nonuse. 

* * * * * 

(b) Include a statement that is signed 

and verified (sworn to) or supported by 

a declaration under § 2.20 by a person 

properly authorized to sign on behalf of 

the owner under § 2.193(e)(1), attesting 

to the use or excusable nonuse of the 

mark within the period set forth in 

section 8 of the Act. The verified 

statement must be executed on or after 

the beginning of the filing period 

specified in § 2.160(a). 

* * * * * 

■ 23. Revise § 2.163(b) to read as 

follows: 

§ 2.163 Acknowledgment of receipt of 

affidavit or declaration, and response to 

Office action. 

* * * * * 

(b) A response to the refusal must be 

filed within six months of the date of 

issuance of the Office action, or before 

the end of the filing period set forth in 

section 8(a) or section 8(b) of the Act, 

whichever is later. The response must 

be 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 practitioner 

qualified to practice under § 11.14 of 

this chapter, in accordance with the 

requirements of § 2.193(e)(2). 

* * * * * 

■ 24. Revise § 2.167(a) to read as 

follows: 

§ 2.167 Affidavit or declaration under 

Section 15. 

* * * * * 

(a) Be verified (sworn to) or supported 

by a declaration under § 2.20, signed by 

the owner of the registration or a person 

properly authorized to sign on behalf of 

the owner under § 2.193(e)(1); 

* * * * * 

■ 25. Revise § 2.171(b)(1) to read as 

follows: 

§ 2.171 New certificate on change of 

ownership. 

* * * * * 

(b) * * * 

(1) In a registration resulting from an 

application based on section 1 or 

section 44 of the Act, if ownership of a 

registration has changed with respect to 

some but not all of the goods and/or 

services, the owner(s) may file a request 

that the registration be divided into two 

or more separate registrations. The 

assignment or other document changing 

title must be recorded in the Office. The 

request to divide must include the fee 

required by § 2.6(a)(8) for each new 

registration created by the division, and 

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 practitioner qualified 

to practice under § 11.14 of this chapter, 

in accordance with § 2.193(e)(2) of this 

chapter. 

* * * * * 

■ 26. Revise § 2.172 to read as follows: 

§ 2.172 Surrender for cancellation. 

Upon application by the owner, the 

Director may permit any registration to 

be surrendered for cancellation. The 

application for surrender must 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 

practitioner qualified to practice under 

§ 11.14 of this chapter. When a 

registration has more than one class, one 

or more entire class(es) but fewer than 

the total number of classes may be 

surrendered. Deletion of fewer than all 

the goods or services in a single class 

constitutes amendment of the 

registration as to that class (see § 2.173), 

not surrender. 

■ 27. Revise § 2.184(b)(2) to read as 

follows: 

§ 2.184 Refusal of renewal. 

* * * * * 

(b) * * * 

(2) The response must 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 practitioner who 

meets the requirements of § 11.14 of this 

chapter, in accordance with the 

requirements of § 2.193(e)(2). 

* * * * * 

■ 28. Revise § 2.193 to read as follows: 

§ 2.193 Trademark correspondence and 

signature requirements. 

(a) Signature required. 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) of this 

section, personally entered by the 

person named as the signatory. The 

Office will accept an electronic 

signature that meets the requirements of 

paragraph (c) of this section on 

correspondence filed on paper, by 

facsimile transmission (§ 2.195(c)), or 

through TEAS or ESTTA. 

(b) Copy of original signature. If a 

copy, such as a photocopy or facsimile 

copy of an original signature is filed, the 

filer should retain the original as 

evidence of authenticity. If a question of 

authenticity arises, the Office may 

require submission of the original. 

(c) Requirements for electronic 

signature. A person signing a document 

electronically must: 

(1) Personally enter any combination 

of letters, numbers, spaces and/or 

punctuation marks that he or she has 

adopted as a signature, placed between 

two forward slash (‘‘/’’) symbols in the 

signature block on the electronic 

submission; or 

(2) Sign the verified statement using 

some other form of electronic signature 

specified by the Director. 

(d) Signatory must be identified. The 

name of the person who signs a 

document in connection with a 

trademark application, registration, or 

proceeding before the Trademark Trial 

and Appeal Board 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). 

(e) Proper person to sign. Documents 

filed in connection with a trademark 

application or registration must be 

signed by a proper person. Unless 

otherwise specified by law, the 

following requirements apply: 

(1) Verification of facts. A verification 

in support of an application for 

registration, amendment to an 

application for registration, allegation of 

use under § 2.76 or § 2.88, request for 

extension of time to file a statement of 

use under § 2.89, or an affidavit under 

section 8, 12(c), 15, or 71 of the 

Trademark Act must be sworn to or 

supported by a declaration under § 2.20, 

signed by the owner or a person 

properly authorized to sign on behalf of 

the owner. A person who is properly 

authorized to verify facts on behalf of an 

owner is: 

(i) A person with legal authority to 

bind the owner (e.g., a corporate officer 

or general partner of a partnership); 

(ii) A person with firsthand 

knowledge of the facts and actual or 

implied authority to act on behalf of the 

owner; or 

(iii) An attorney as defined in § 11.1 

of this chapter who has an actual 

written or verbal power of attorney or an 

implied power of attorney from the 

owner. 

(2) Responses, amendments to 

applications, requests for express 


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Federal Register / Vol. 74, No. 205 / Monday, October 26, 2009 / Rules and Regulations 54911 

abandonment, requests for 

reconsideration of final actions, and 

requests to divide. Responses to Office 

actions, amendments to applications, 

requests for express abandonment, 

requests for reconsideration of final 

actions, and requests to divide must be 

signed by the owner of the application 

or registration, someone with legal 

authority to bind the owner (e.g., a 

corporate officer or general partner of a 

partnership), or a practitioner qualified 

to practice under § 11.14 of this chapter, 

in accordance with the following 

guidelines: 

(i) If the owner is represented by a 

practitioner qualified to practice before 

the Office under § 11.14 of this chapter, 

the practitioner must sign, except where 

the owner is required to sign the 

correspondence; or 

(ii) If the owner is not represented by 

a practitioner qualified to practice under 

§ 11.14 of this chapter, the individual 

owner or someone with legal authority 

to bind the owner (e.g., a corporate 

officer or general partner of a 

partnership) must sign. In the case of 

joint owners who are not represented by 

a qualified practitioner, all must sign. 

(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. 

(4) Petitions to revive under § 2.66. A 

petition to revive under § 2.66 must be 

signed by someone with firsthand 

knowledge of the facts regarding 

unintentional delay. 

(5) Petitions to Director under § 2.146. 

A petition to the Director under § 2.146 

must be signed by the petitioner, 

someone with legal authority to bind the 

petitioner (e.g., a corporate officer or 

general partner of a partnership), or a 

practitioner qualified to practice under 

§ 11.14 of this chapter, in accordance 

with the following guidelines: 

(i) If the petitioner is represented by 

a practitioner qualified to practice 

before the Office under § 11.14 of this 

chapter, the practitioner must sign; or 

(ii) If the petitioner is not represented 

by a practitioner authorized to practice 

before the Office under § 11.14 of this 

chapter, the individual petitioner or 

someone with legal authority to bind the 

petitioner (e.g., a corporate officer or 

general partner of a partnership) must 

sign. In the case of joint petitioners, all 

must sign. 

(6) Requests for correction, 

amendment or surrender of 

registrations. A request for correction, 

amendment or surrender of a 

registration must 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 practitioner qualified 

to practice before the Office under 

§ 11.14 of this chapter. In the case of 

joint owners who are not represented by 

a qualified practitioner, all must sign. 

(7) Renewal applications. A renewal 

application must be signed by the 

registrant or the registrant’s 

representative. 

(8) Designations and revocations of 

domestic representative. A designation 

or revocation of a domestic 

representative must be signed by 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 

practitioner qualified to practice under 

§ 11.14 of this chapter. In the case of 

joint applicants or registrants, all must 

sign. 

(9) Requests to change 

correspondence address in an 

application or registration. A notice of 

change of correspondence address in an 

application or registration must be 

signed by 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 practitioner qualified 

to practice under § 11.14 of this chapter, 

in accordance with the following 

guidelines: 

(i) If the applicant or registrant is 

represented by a practitioner qualified 

to practice before the Office under 

§ 11.14 of this chapter, the practitioner 

must sign; or 

(ii) If the applicant or registrant is not 

represented by a practitioner qualified 

to practice before the Office under 

§ 11.14, 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, all must sign. 

(10) Cover letters. A person 

transmitting paper documents to the 

Office may sign a cover letter or 

transmittal letter. The Office neither 

requires cover letters nor questions the 

authority of a person who signs a 

communication that merely transmits 

paper documents. 

(f) Signature as certification. The 

presentation to the Office (whether by 

signing, filing, submitting, or later 

advocating) of any document by any 

person, whether a practitioner or nonpractitioner, constitutes a certification 

under § 11.18(b) of this chapter. 

Violations of § 11.18(b) of this chapter 

may jeopardize the validity of the 

application or registration, and may 

result in the imposition of sanctions 

under § 11.18(c) of this chapter. Any 

practitioner violating § 11.18(b) of this 

chapter may also be subject to 

disciplinary action. See §§ 10.23(c)(15) 

and 11.18(d) of this chapter. 

(g) Separate copies for separate files. 

(1) Since each file must be complete in 

itself, a separate copy of every 

document to be filed in connection with 

a trademark application, registration, or 

inter partes proceeding must be 

furnished for each file to which the 

document pertains, even though the 

contents of the documents filed in 

multiple files may be identical. 

(2) Parties should not file duplicate 

copies of correspondence in a single 

application, registration, or proceeding 

file, unless the Office requires the filing 

of duplicate copies. The Office may 

dispose of duplicate copies of 

correspondence. 

(h) Separate documents for separate 

branches of the Office. Since different 

branches or sections of the Office may 

consider different matters, each distinct 

subject, inquiry or order must be 

contained in a separate document to 

avoid confusion and delay in answering 

correspondence. 

(i) Certified documents required by 

statute. When a statute requires that a 

document be certified, a copy or 

facsimile transmission of the 

certification is not acceptable. 

PART 11—REPRESENTATION OF 

OTHERS BEFORE THE UNITED 

STATES PATENT AND TRADEMARK 

OFFICE 

■ 29. The authority citation for 37 CFR 

Part 11 continues to read as follows: 


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54912 Federal Register / Vol. 74, No. 205 / Monday, October 26, 2009 / Rules and Regulations 

Authority: 5 U.S.C. 500, 15 U.S.C. 1123, 

35 U.S.C. 2(b)(2), 32. 

■ 30. Revise § 11.18(a) to read as 

follows: 

§ 11.18 Signature and certificate for 

correspondence filed in the Office. 

(a) For all documents filed in the 

Office in patent, trademark, and other 

non-patent matters, and all documents 

filed with a hearing officer in a 

disciplinary proceeding, except for 

correspondence that is required to be 

signed by the applicant or party, each 

piece of correspondence filed by a 

practitioner in the Office must bear a 

signature, personally signed or inserted 

by such practitioner, in compliance 

with § 1.4(d)(1), § 1.4(d)(2), or § 2.193(a) 

of this chapter. 

* * * * * 

Dated: October 15, 2009. 

David J. Kappos, 

Under Secretary of Commerce for Intellectual 

Property and Director of the United States 

Patent and Trademark Office. 

[FR Doc. E9–25460 Filed 10–23–09; 8:45 am] 

BILLING CODE 3510–16–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Part 301–11 

[FTR Amendment 2009–07; FTR Case 2009– 

308; Docket Number 2009–0015, Sequence 

1] 

RIN 3090–AI97 

Federal Travel Regulation (FTR); 

Updated Meal Cost Table for Furnished 

Meal(s) Adjustments 

AGENCY: Office of Governmentwide 

Policy, General Services Administration 

(GSA). 

ACTION: Final rule. 

SUMMARY: 5 U.S.C. 5702 authorizes the 

General Services Administration (GSA) 

to establish per diem allowances within 

the continental United States (CONUS) 

for the reimbursement for actual and 

necessary expenses of official travel. 

After a recent comprehensive meals and 

incidental expenses (M&IE) study, GSA 

is amending the Federal Travel 

Regulation in regards to the allocated 

meal costs. The new costs are broken 

out in the table § 301–11.18 by 

continental breakfast/breakfast, lunch, 

and dinner for the use of travelers who 

have had a meal(s) furnished by the 

Government or included in the 

registration fee, and who then must 

deduct the meal(s) before submitting the 

voucher for reimbursement. GSA is also 

updating the incidental expense rate. 

DATES: Effective Date: October 26, 2009. 

Applicability Date: This final rule is 

applicable for official travel performed 

on and after October 1, 2009. 

FOR FURTHER INFORMATION CONTACT: The 

Regulatory Secretariat (MVR), Room 

4041, GS Building, Washington, DC 

20405, (202) 501–4755, for information 

pertaining to status or publication 

schedules. For clarification of content, 

contact Ms. Jill Denning, Office of 

Governmentwide Policy, at (202) 208– 

7642 or e-mail at jill.denning@gsa.gov. 

Please cite FTR Amendment 2009–07; 

FTR case 2009–308. 

SUPPLEMENTARY INFORMATION: 

A. Background 

GSA periodically reviews the M&IE 

allowances throughout the continental 

United States (CONUS) to ensure the 

rates reflect the prices charged at local 

eating establishments. The GSA’s Office 

of Governmentwide Policy (OGP) has 

recently completed a comprehensive 

M&IE study. This final rule amends the 

Federal Travel Regulation in regards to 

the allocated meal costs which must be 

adjusted when a meal(s) is furnished by 

the Government or is included in the 

registration fee, along with amending 

the incidental expense rate. 

B. Executive Order 12866 

This is not a significant regulatory 

action, and therefore, was not subject to 

review under Section 6(b) of Executive 

Order 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

final rule is not a major rule under 5 

U.S.C. 804. 

C. Regulatory Flexibility Act 

This final rule is not required to be 

published in the Federal Register for 

notice and comment, therefore the 

Regulatory Flexibility Act, 5 U.S.C. 601, 

et seq., does not apply. 

D. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the final changes to 

the FTR do not impose recordkeeping or 

information collection requirements, or 

the collection of information from 

offerors, contractors, or members of the 

public that require the approval of the 

Office of Management and Budget under 

44 U.S.C. 3501, et seq. 

E. Small Business Regulatory 

Enforcement Fairness Act 

This final rule is also exempt from 

congressional review prescribed under 5 

U.S.C. 801 since it relates to agency 

management and personnel. 

List of Subjects in 41 CFR Part 301–11 

Government employees, Travel and 

transportation expenses. 

Dated: September 1, 2009. 

Paul F. Prouty, 

Acting Administrator of General Services. 

■ For the reasons set forth in the 

preamble, pursuant to 5 U.S.C. 5707, 

GSA amends 41 CFR parts 301–11 as 

follows: 

PART 301–11—PER DIEM EXPENSES 

■ 1. The authority citation for 41 CFR 

part 301–11 continues to read as 

follows: 

Authority: 5 U.S.C. 5707. 

■ 2. Revise the table in § 301–11.18, 

paragraph (a), to read as follows: 

§ 301–11.18 What M&IE rate will I receive 

if a meal(s) is furnished by the Government 

or is included in the registration fee? 

(a) * * * 

Total M&IE $46 $51 $56 $61 $66 $71 

Continental Breakfast/Breakfast .............................................................. 7 8 9 10 11 12 

Lunch ....................................................................................................... 11 12 13 15 16 18 

Dinner ....................................................................................................... 23 26 29 31 34 36 

Incidentals ................................................................................................ 5 5 5 5 5 5 

* * * * * 

[FR Doc. E9–25727 Filed 10–23–09; 8:45 am] 

BILLING CODE 6820–14–P 


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