On most electronic forms in the trademark electronic filing system, the person signing the submission must confirm that the person is authorized to sign the document by clicking one of three buttons indicating that the person is:

1. (1) An owner/holder (or a person with legal authority to bind the owner or holder) who has not previously been represented in this matter, or was previously represented by a qualified U.S. attorney who has withdrawn or whose power has been revoked;
2. (2) An authorized U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory) who is the owner’s or holder’s current attorney, or an associate thereof, and that if the owner or holder was previously represented by a different U.S.-licensed attorney associated with a different company/firm, the previous power has been revoked, the previously appointed attorney has withdrawn, a new power of attorney has been filed appointing the current attorney as either the attorney or an associate attorney; or
3. (3) An authorized Canadian trademark attorney/agent who has been appointed to represent the owner or holder and has been granted reciprocal recognition under 37 C.F.R. §11.14(c)(1) by the USPTO’s Office of Enrollment and Discipline and is an authorized signatory based on 37 C.F.R. §11.14(c)(2).

The USPTO will accept these statements unless there is conflicting information in the record or the USPTO is otherwise made aware of conflicting information.

Example: If, as part of the submitted attorney information, an attorney lists a foreign address and checks the box indicating that the attorney is an active member in good standing of the bar of the highest court of a U.S. state, the USPTO will accept this statement, as long as there is no conflicting information in the record.

Example: If an attorney indicates that the applicant was previously unrepresented, or that the applicant was previously represented by another attorney who has withdrawn or whose power has been revoked, when, in fact, there is another attorney of record whose power has not been revoked, the USPTO must inquire into the signatory’s authority to sign, because there is inconsistent information in the record.

Example: If the signatory selects the owner/holder radio button, indicating that the signatory is a person with legal authority to bind a juristic applicant (e.g., a corporate officer or general partner of a partnership), but sets forth a title that the USPTO would not normally accept (e.g., accountant, paralegal, or trademark administrator), the USPTO will inquire into the signatory’s authority to sign, because there is inconsistent information in the record.

Example: If, instead of selecting the "authorized U.S.-licensed attorney" radio button, the attorney selects one of the other radio buttons (i.e., indicating that the owner/holder is not represented by an attorney, or that the attorney is an authorized Canadian trademark attorney or agent, representing a Canadian applicant), an issue of signatory authority arises, and the USPTO will inquire into the signatory’s authority to sign, because there is inconsistent information in the record.

Exception: If the signatory indicates that the signatory is a Canadian trademark attorney or agent who has been granted reciprocal recognition by OED, and there is a qualified U.S.-licensed attorney designated, the USPTO staff must still check the OED list to verify this information. See TMEP §602.03(a) for further information about Canadian trademark attorneys and agents.

See TMEP §611.05(a) and §712.03 regarding issuance of a notice of incomplete response where there is a question as to a signatory’s authority to sign.