tmep who may sign implied power of attorney

Any of the following three categories of signatories may sign a trademark declaration or verfication: person with legal authority to bind the owner (i.e., same as the only person who can sign a POA); person with firsthand knowledge of the facts and actual or implied authority to act on behalf of the owner; or a US attorney.

Full Answer

Who can sign a trademark power of attorney?

In particular, a trademark Power of Attorney may be signed only by the individual applicant/registrant or, if there is a company, by someone with legal authority to bind the company. For a company, this means that the POA may only be signed by someone who has the authority to bind the company to any obligation or agreement.

What is a power of attorney (POA)?

In a trademark application filed with the USPTO, a Power of Attorney (POA) is a form signed by the applicant to appoint an attorney and/or a law firm to prosecute the trademark application. Unrepresented Trademark Owners.

When does a power of attorney for a pending trademark application end?

The duration of a Power of Attorney for a pending trademark application ends when the application is abandoned or registered, or when ownership changes [see TMEP 604.02 and 37 CFR 2.19 (g) (1)]. How does a TM POA differ from an appointment of domestic representative?

What is TMEP in trademark?

TRADEMARK MANUAL OF EXAMINING PROCEDURE (TMEP) The Manual contains guidelines for Examining Attorneys and materials in the nature of information and interpretation, and outlines the procedures which Examining Attorneys are required or authorized to follow in the examination of trademark applications.

TMEP 1604.08 (a): Persons Who May Sign Affidavit or Declaration

TMEP Chapter Index Chapter 1600: Registration and Post Registration Procedures 1604: Affidavit or Declaration of Use or Excusable Nonuse of Mark in Commerce under §8 of the Trademark Act 1604.08: Execution of Affidavit or Declaration

1604.08 (a) Persons Who May Sign Affidavit or Declaration

Under 37 C.F.R. §2.161 (b), the §8 affidavit or declaration must include a statement that is signed and verified (sworn to) or supported by a declaration under 37 C.F.R. §2.20 by a person properly authorized to sign on behalf of the owner.

601 Applicant May Be Represented by Attorney at Law

The owner of a mark may file and prosecute his or her own application for registration of the mark, or may be represented by a practitioner qualified under 37 C.F.R. §10.14 to practice before the United States Patent and Trademark Office ("USPTO") in trademark cases. 37 C.F.R. §§2.11 and 10.14.

602 Persons Who May Practice Before Office in Trademark Matters

37 C.F.R. §10.14. Individuals who may practice before the Office in trademark and other non‑patent cases.

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

An applicant, registrant, or party to a proceeding before the USPTO who is not domiciled in the United States may file a document designating the name and address of a domestic representative on whom may be served notices or process in proceedings affecting the mark. 15 U.S.C. §§1051 (e), 1058 (f), 1059 (c), 1060 (b), and 1141h (d).

Who can sign a trademark power of attorney?

In particular, a trademark Power of Attorney may be signed only by the individual applicant/registrant or, if there is a company, by someone with legal authority to bind the company. For a company, this means that the POA may only be signed by someone who has the authority to bind the company to any obligation or agreement.

What is a legal representative?

A legal representative or attorney of record is a US attorney who has taken some prior action in the trademark file. For example, it may have been the original US lawyer who filed the trademark application or an Office Action response. Whenever a trademark filing has a US attorney of record, a Power of Attorney will be required if ...

Is a trademark POA the same as a legal representative?

A trademark Power of Attorney (POA) is not the same as thing as an appointment of a legal representative. A trademark POA is required only in certain circumstances as discussed below. When it is required, only certain folks with proper authority may sign a POA.

Can a POA be signed by a foreign attorney?

For foreign companies, a POA for a US trademark application or registration may not be signed a foreign attorney. Other examples of unauthorized signers may include: person signing with an address of a foreign law firm. person who is not a US lawyer signing as “attorney for applicant” or “attorney at law”.

Can a US attorney sign a trademark declaration?

a US attorney. Therefore, a trademark declaration allows for two additional categories of signers beyond sole group allowed to sign a Power of Attorney, i.e., signers with authority to bind the owner.

Who must sign a document?

Where a document must be signed by someone with legal authority to bind a corporation, a corporate officer must sign. An officer is a person who holds an office established in the articles of incorporation or corporate bylaws.

Who must sign a request for correction of a registration?

A request for correction or amendment of a registration or a surrender of a registration must be signed by the individual owner of the registration, someone with legal authority to bind a juristic owner, or a qualified practitioner. In the case of joint owners who are not represented by a qualified practitioner, all must sign. 37 C.F.R. §§2.171 (a), 2.173 (b) (2), 2.175 (b) (2), and 2.193 (e) (6).

What is a pending application?

In a pending application, if an unsatisfactory response or no response is received to the notice of incomplete response, the USPTO will abandon the application for incomplete response. See TMEP §718.03 (a) for procedures for holding an application abandoned for failure to respond completely.

What is a signature required for USPTO?

All correspondence that requires a signature must bear either a handwritten signature personally signed in permanent ink by the person named as the signatory, or an "electronic signature" that meets the requirements of 37 C.F.R. §2.193 (c), personally entered by the signatory. The USPTO will accept a signature that meets the requirements of 37 C.F.R. §2.193 (c) on all correspondence, whether filed on paper, by fax, or through TEAS or the Electronic System for Trademark Trials and Appeals ("ESTTA"). 37 C.F.R. §2.193 (a) (2). See TMEP §611.01 (c) regarding the signature of documents filed electronically.

When examining a document filed in connection with a trademark application or registration, the USPTO staff must ensure

When examining a document filed in connection with a trademark application or registration, the USPTO staff must ensure that all documents are signed by a proper party. See TMEP §611.02.

Who must sign a partnership document?

Where a document must be signed by someone with legal authority to bind a partnership, a general partner must sign. Signature by all the general partners is not necessary. If the partnership comprises general partners who are juristic entities (e.g., the general partners are corporations), someone with legal authority to bind that type of juristic entity must sign.

Do all documents filed with the USPTO have to be signed?

All documents filed in the USPTO must be properly signed . The USPTO staff must review the application or registration record to determine whether the applicant or registrant is represented by a qualified practitioner, and must ensure that all documents are properly signed.

Who must ensure that the trustee is identified as the applicant?

If a trust is the owner of a mark in an application, the examining attorney must ensure that the trustee (s) is identified as the applicant. Thus, the examining attorney must require that the trust’s application be captioned as follows:

When an application is ready to be approved for publication or registration, the examining attorney must carefully review the application record?

When an application is ready to be approved for publication or registration, the examining attorney must carefully review the application record to ensure the accuracy of the information contained therein and to ensure that all information that must be printed in the Official Gazette and on the certificate of registration has been properly entered into the Trademark database. The type of information that must be printed includes:

Is it difficult to establish rigid guidelines for designating the entity of a governmental body?

Due to the variety in the form of these entities, the examining attorney must consider each case on an individual basis . The following are just a few examples of acceptable governmental entities:

Is it necessary to specify an individual?

Individual. For an individual, it is not necessary to specify “individual,” but it is acceptable to do so. The applicant may state that he or she is doing business under a specified assumed company name. TMEP §803.02 (a).

Can an application be amended to substitute another entity?

While an application can be amended to correct an inadvertent error in the manner in which an applicant’s name is set forth ( see TMEP §1201.02 (c) ), an application cannot be amended to substitute another entity as the applicant. If the application was filed in the name of a party who had no basis for his or her assertion of ownership of (or entitlement to use) the mark as of the filing date, the application is void, and registration must be refused. 37 C.F.R. §2.71 (d); TMEP §1201.02 (b). Huang v. Tzu Wei Chen Food Co., 849 F.2d 1458, 1459-60, 7 USPQ2d 1335, 1335-36 (Fed. Cir. 1988); Great Seats, Ltd. v. Great Seats, Inc., 84 USPQ2d 1235, 1239-44 (TTAB 2007) ; American Forests v. Sanders, 54 USPQ2d 1860, 1861-63 (TTAB 1999) , aff’d, 232 F.3d 907 (Fed. Cir. 2000); In re Tong Yang Cement Corp., 19 USPQ2d 1689, 1691 (TTAB 1991). The USPTO will not refund the application filing fee in such a case.