TMEP § 611.03
This section provides guidelines as to the proper person to sign various documents. Unless otherwise specified by law, the following guidelines should be followed.
A verification must be sworn to or supported by a declaration signed by the owner of the application or registration or a person properly authorized to verify facts on behalf of the owner. A person who is properly authorized to verify facts on behalf of an owner is:
See 37 C.F.R. §§2.193(e)(1)–2.193(e)(1)(iii). Generally, the Office does not question the authority of the person who signs an affidavit or declaration verifying facts, unless there is an inconsistency in the record as to the signatory’s authority to sign. See TMEP §804.04.
The broad definition of a "person properly authorized to sign on behalf of an owner" in 37 C.F.R. §2.193(e)(1) applies onlyto verifications of facts, such as applications for trademark registration, affidavits under §8 or §71 of the Trademark Act, amendments to allege use under 37 C.F.R §2.76, statements of use under 37 C.F.R. §2.88, and declarations in support of substitute specimens or claims of acquired distinctiveness. It does not apply to powers of attorney, revocations of powers of attorney, responses to Office actions, amendments to applications, letters of express abandonment, petitions to the Director under 37 C.F.R. §2.146, consent agreements, or changes of correspondence address. For example, the "Trademark Administrator" of the applicant, who has firsthand knowledge of the facts alleged in the application, may sign the verified statement in support of the application, but unless he or she has legal authority to bind the applicant (e.g., is a corporate officer or general partner of a partnership), or is a qualified practitioner, he or she may not sign responses to Office actions or agree to examiner’s amendments.
Responses, amendments to applications, requests for express abandonment, requests for reconsideration of final actions, and requests to divide must be signed by the individual applicant or registrant, someone with legal authority to bind a juristic applicant or registrant, or a qualified practitioner, in accordance with the following guidelines:
See 37 C.F.R. §§2.62(b), 2.68(a), 2.74(b), 2.87(f), 2.163(b), 2.171(b)(1), 2.184(b)(2), 2.193(e)(2)–2.193(e)(2)(ii), 11.14(e), and 11.18(a).
See TMEP §712.01 for further guidance as to who may sign a response to an examining attorney’s Office action.
Powers of attorney and revocations of powers of attorney must be signed by the individual applicant or registrant or someone with legal authority to bind a juristic applicant or registrant. In the case of joint applicants or registrants, all must sign. 37 C.F.R. §§2.17(c)(2), 2.19(a)(1), and 2.193(e)(3). Once the applicant or registrant has designated a qualified practitioner(s), the named practitioner may sign an associate power of attorney appointing another qualified practitioner(s) as an additional person(s) authorized to prosecute the application or registration. 37 C.F.R. §2.17(c)(2). See TMEP §§605.01, 605.03, and 606.
A petition to revive under 37 C.F.R. §2.66 must be signed by someone with firsthand knowledge of the facts regarding unintentional delay. 37 C.F.R. §§2.66(b)(2), 2.66(c)(2), and 2.193(e)(4); TMEP §1714.01(e). Any response to an Office action accompanying the petition must be signed by a qualified practitioner, or by the individual applicant or someone with legal authority to bind a juristic applicant (e.g., a corporate officer or general partner of a partnership) if the applicant is not represented by an authorized practitioner ( see TMEP §611.03(b)).
A petition to the Director under 37 C.F.R. §2.146 must be signed by the petitioner, someone with legal authority to bind the petitioner, or a qualified practitioner, in accordance with the following guidelines:
37 C.F.R. §§2.146(c), 2.193(e)(5)–2.193(e)(5)(ii), 11.14(e), and 11.18(a); TMEP §1705.07.
A request for correction or amendment of a registration or a surrender of a registration must be signed by the individual owner of the registration, someone with legal authority to bind a juristic owner, or a qualified practitioner. In the case of joint owners who are not represented by a qualified practitioner, all must sign. 37 C.F.R. §§2.171(a), 2.173(b)(2), 2.175(b)(2), and 2.193(e)(6).
A renewal application must be signed by the registrant or the registrant’s representative. 37 C.F.R. §§2.183(a) and 2.193(e)(7). See TMEP §§1606.06 and 1606.07 regarding filing and execution of renewal applications.
Designation. An applicant or registrant may designate a domestic representative by either:
37 C.F.R. §§2.24(a)(1) and 2.193(e)(8).
Revocation. A revocation of domestic representative must be signed by the individual applicant or registrant, someone with legal authority to bind a juristic applicant or registrant, or a qualified practitioner. 37 C.F.R. §§2.24(b) and 2.193(e)(8).
See TMEP §610 regarding the designation of a domestic representative by parties not domiciled in the United States.
A request to change the correspondence address in an application or registration must be signed by the individual applicant or registrant, someone with legal authority to bind a juristic applicant or registrant, or a qualified practitioner, in accordance with the following guidelines:
See37 C.F.R. §§2.18(b)(2), 2.193(e)(9)–2.193(e)(9)(ii), 11.14(e), and 11.18(a); TMEP §609.02(b).