T.M.E.P. § 712.02
Unsigned Response

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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712.02 Unsigned Response

A response to an Office action must be signed by the applicant or the applicant's attorney. 37 C.F.R. 10.18; TMEP §712. The examining attorney should treat an unsigned response as an incomplete response, and should either call the applicant to obtain a ratification of the response, or issue an Office action granting the applicant additional time to perfect the response, pursuant to 37 C.F.R. 2.65(b). See TMEP §718.03(b). If the response does not include a verification that must be signed by applicant (see TMEP §§804 et seq.), the applicant may either ratify the response through an examiner's amendment, or submit a signed copy of the response. If the response includes a verification that must be signed by applicant, the applicant must submit a signed verification. A signed document can be submitted by fax (unless it is excluded by 37 C.F.R. 2.195(c)) or through TEAS (using the response to Office action form). See TMEP §804.05 regarding signature of documents submitted through TEAS. The examining attorney should defer action on the merits of the response until the applicant either ratifies the response or files a properly signed response.

If the applicant fails to ratify the response or submit a properly signed response within the time granted under 37 C.F.R. 2.65(b), the examining attorney should hold the application abandoned for failure to file a complete response. See TMEP §718.03(a). In this situation, the applicant cannot file a petition to revive under 37 C.F.R. 2.66. The applicant's recourse is to file a petition to reverse the examining attorney's holding of abandonment under 37 C.F.R. 2.146. See TMEP §1713.