Changes to Trademark Rules of Practice

The October 26, 2009 Federal Register published a final rule effective December 28, 2009 that includes changes to Trademark Rules of Practice (37 CFR Part 2). The changes are in: (1) Requirements for Signature of Documents, (2) Recognition of Representatives, and (3) Establishing and Changing the Correspondence Address.

The purpose is to “codify and clarify current practice.” The Office “reworded and/or reorganized the rules for clarity, and added headings to facilitate navigation through the rules.”

The changes include:

1. Section 2.17(d) is amended to provide that the owner of an application or registration may appoint an attorney through the Trademark Electronic Application System (“TEAS”) for up to twenty applications or registrations per TEAS form that have the identical owner or attorney (consistent with TMEP § 602.01(a));

2. Section 2.17(g)(1) is added to provide that the Office considers a power of attorney to end with respect to a pending application when the mark is registered, when the ownership changes, or when the application is abandoned (consistent with TMEP § 601.01);

3. Section 2.18(b)(2) is added to provide that a request to change the correspondence address must be made in writing, signed by the applicant, registrant, or party to a proceeding, someone with legal authority to bind the applicant, registrant, or party, or a qualified practitioner, in accordance with § 2.193(e)(9) (consistent with TMEP §§ 603.02 and 603.02(a));

4. Section 2.19(a) is revised to clarify the requirements for revocation of a power of attorney; and

5. Section 2.19(b) is revised to set forth the requirements for filing a request to withdraw as attorney.


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