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

October 2017 Edition of the TMEP

Previous: §1611 | Next: §1613

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, requests to withdraw as attorney, and designations of domestic representative be filed through TEAS, at http://www.uspto.gov.  When these documents are filed through TEAS, the data is automatically entered into the Trademark database.

The USPTO considers a power of attorney filed after registration to end when the mark is cancelled or expired or when ownership changes. See TMEP §604.02.

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 Trademark database unless the owner concurrently takes an action such as filing a §8, §12(c), §15, or §71 affidavit or declaration, §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 a qualified practitioner files a request to withdraw, the USPTO scans an image of the document into the record but does not change the "Attorney" field in the Trademark database.

When the owner of a registration files a §8, §12(c), §15, or §71 affidavit or declaration, §9 renewal application, or request to amend or correct a registration through a qualified practitioner, the USPTO will update the Trademark database to indicate the name of the practitioner who filed the document, and any designation of domestic representative.  If the owner does not have a qualified practitioner, the USPTO will update the Trademark database to indicate the owner’s address as shown in the affidavit or declaration, renewal application, or amendment.

See TMEP §605.04 regarding powers of attorney filed after registration, TMEP §610 regarding designations of domestic representative by parties not domiciled in the United States, TMEP §607 regarding withdrawal of attorney, and TMEP §609.02(e) regarding changes of correspondence address filed after registration.