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T.M.E.P. § 1612
Powers of Attorney and Designations of Domestic Representative Filed After Registration

Executive summary:

This document contains one section of the Trademark Manual of Examining Procedure (the "TMEP"), Fourth Edition (April 2005). This page was last updated in June 2007. You may return to one either the section index, or to the key word index. If you wish to search the TMEP, simply use the search box that appears on the bottom of every page of BitLaw--be sure to restrict your search to the TMEP in the pop-up list.

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1612 Powers of Attorney and Designations of Domestic Representative Filed After Registration

To expedite processing, the USPTO recommends that powers of attorney, requests to revoke powers of attorney, and designations of domestic representative be filed through TEAS, at http://www.uspto.gov/teas/index.html. When these documents are filed through TEAS, the data is automatically entered into the USPTO's automated TRAM system. Requests to withdraw as attorney cannot be filed through TEAS after registration.

The USPTO considers a power of attorney to end with registration.

When the owner of a registration files a new power of attorney or designation of domestic representative on paper, the USPTO scans an image of the power or designation into the record, but does not update the TRAM database unless the owner concurrently files a §8 or §15 affidavit, §9 renewal application, or request to amend or correct a registration under §7 of the Trademark Act. Likewise, when the owner of a registration files a paper request to revoke a power of attorney, or an attorney files a request to withdraw as attorney of record, the USPTO scans an image of the document into the record but does not change the attorney of record in TRAM.

When the owner of a registration files a §8 or §15 affidavit, §9 renewal application, or request to amend or correct a registration through an attorney, the USPTO will update TRAM to indicate the name of the attorney who filed the document, and any designation of domestic representative. If the owner does not have an attorney, the USPTO will update TRAM to indicate the owner's address as shown in the affidavit, renewal application or amendment.

See TMEP §§602.01 et seq. regarding powers of attorney, TMEP §604 regarding designations of domestic representative by parties not domiciled in the United States, and TMEP §603.02(c) regarding changes of correspondence address filed after registration.