T.M.E.P. § 709.02
Persons Who May Represent Applicant in an Interview
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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709.02 Persons Who May Represent Applicant in an Interview
In general, interviews are not granted to persons who lack proper authority from the applicant or the attorney of record. See TMEP §§602 et seq. regarding persons who may represent an applicant before the USPTO in a trademark matter, and TMEP §§712.01 et seq. for information as to persons who have authority to bind various types of juristic applicants.
When an attorney claims to be the applicant's representative and requests an appointment for an interview, the examining attorney will comply with that request, even if the person requesting the interview is not the attorney of record. However, the examining attorney may request proof of the attorney's authority if there is any reason to suspect that the attorney is not, in fact, the applicant's representative. 37 C.F.R. 2.17(a).
For an interview with an examining attorney who does not have signatory authority, arrangements should be made for the presence of an examining attorney who does have such authority and who is familiar with the application, so that authoritative agreement may be reached, if possible, at the time of the interview.
USPTO employees are forbidden to engage in oral or written communication with a disbarred attorney regarding an application unless the disbarred attorney is the applicant.
Requests for interviews from third parties are inappropriate and should be directed to the Office of the Commissioner for Trademarks. See TMEP §1801.