T.M.E.P. § 604
Designation of Domestic Representative by Parties Not Domiciled in the United States

Executive summary:

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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). The USPTO encourages parties who do not reside in the United States to designate domestic representatives, but it is not mandatory. If the applicant, registrant, or party does not designate a domestic representative, the USPTO will not require a designation.

To expedite processing, the USPTO recommends that designations of domestic representative be filed through TEAS, at http://www.uspto.gov/teas/index.html. TEAS can also be used to revoke a designation of a domestic representative.

The designation is not the same as a power of attorney. The designation serves a different purpose, namely, to bring foreign applicants, registrants and parties under the jurisdiction of the United States legal system. The designation of a domestic representative does not authorize the person designated to prosecute the application or to represent a party in a proceeding before the USPTO. 37 C.F.R. 2.24. Similarly, a power of attorney does not serve as a designation of a domestic representative unless the power of attorney specifically states that the attorney is also the domestic representative on whom may be served notices or process in proceedings affecting the mark.

If a party designates a domestic representative, the designation should include the name and address of the person designated, and a clear statement that the party intends to designate this person as a domestic representative upon whom notices or process affecting the mark may be served. The designation must be in writing. A person who is properly authorized to sign a designation of domestic representative is:

(1) A person with legal authority to bind the applicant or party; or

(2) A person with firsthand knowledge of the facts and actual or implied authority to act on behalf of the applicant or party; or

(3) An attorney as defined in 37 C.F.R. 10.1(c) who has an actual written or verbal power of attorney or an implied power of attorney from the applicant or party.

TMEP §804.04. See TMEP §804.05 regarding signature of documents transmitted electronically.

The person designated as a domestic representative may be a natural person or a juristic person as defined in 15 U.S.C. 1127.

If an applicant, registrant or party to a proceeding before the USPTO does not file a document designating a domestic representative, 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. 15 U.S.C. §§1051(e), 1058(f), 1059(c), 1060(b), and 1141h(d).

See TMEP §603.05 regarding correspondence with parties who are not domiciled in the United States.