T.M.E.P. § 707.01
Approval of Examiner's Amendment by Applicant or Applicant's Attorney
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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707.01 Approval of Examiner's Amendment by Applicant or Applicant's Attorney
Ordinarily, the examining attorney may amend the application by examiner's amendment only after securing approval of the amendment from the applicant or the applicant's attorney by telephone or e-mail, or in person during an interview. See TMEP §707.02 regarding situations when an examiner's amendment is permitted without prior authorization by the applicant or the applicant's attorney.
The broad definition of "persons properly authorized to sign on behalf of an applicant" in 37 C.F.R. 2.33(a) (see TMEP §804.04) does not apply to examiner's amendments. Only the applicant or the applicant's attorney can authorize an examiner's amendment. If the applicant has an attorney, the examining attorney must speak to the attorney of record. If the applicant is pro se, the examining attorney must speak to the individual applicant or to someone with legal authority to bind a juristic applicant (e.g., a corporate officer or general partner of a partnership). 37 C.F.R. 10.14(e). For joint applicants who are not represented by an attorney, each joint applicant must authorize the examiner's amendment.
A non-attorney who is authorized to verify facts on behalf of an applicant under 37 C.F.R. 2.33(a)(2) is not entitled to authorize an examiner's amendment unless he or she has legal authority to bind the applicant. See TMEP §§712.01 et seq. for guidelines on persons who have legal authority to bind various types of applicants.
If an examining attorney contacts an applicant and reaches agreement to issue an examiner's amendment, but later determines that an Office action must be issued instead to state a refusal or requirement, the examining attorney should telephone the applicant immediately to advise the applicant of the change of position.
Examining attorneys without partial signatory authority should generally advise applicants that issuance of the examiner's amendment is subject to approval by a supervisory attorney.