TMEP 1613.14: Designation of Domestic Representative by Foreign Holder

October 2017 Edition of the TMEP

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1613.14    Designation of Domestic Representative by Foreign Holder

Under 15 U.S.C. §1141k(f), if the holder of the international registration of the mark is not domiciled in the United States, the affidavit or declaration may include the name and address of a United States resident upon whom notices or process in proceedings affecting the registration may be served.  The USPTO encourages parties who do not reside in the United States to designate domestic representatives.  To expedite processing, the USPTO recommends that designations of domestic representative be filed through TEAS, at See TMEP §610.

The designation should be signed by the individual holder, someone with legal authority to bind a juristic holder (e.g., a corporate officer or general partner of a partnership), or a practitioner authorized to practice before the USPTO pursuant to 37 C.F.R. §11.14 ("qualified practitioner").  In the case of joint holders who are not represented by a qualified practitioner, all must sign. 37 C.F.R. §2.193(e)(8); TMEP §611.03(h).