Owners with a U.S. Domicile

If a U.S. address (i.e., any street address that is

located within the United States and its territories) is listed as the applicant’s or

registrant’s domicile in any submission, an applicant or registrant may, but

generally need not, appoint a qualified U.S. attorney as its representative.

Examining attorneys and post-registration examiners

normally will not question an otherwise acceptable U.S. street address of a foreign

citizen or entity provided in an application or post-registration maintenance filing

unless they receive specific guidance to question the address. Under some

circumstances, the USPTO will require the applicant or registrant to provide

documentation to support its U.S. address.

See

37 C.F.R.

§§2.11(b)

,

2.61(b)

,

2.189

. For example, if the applicant or

registrant is a foreign citizen or entity with a U.S. street address, and is not

represented by a qualified U.S. attorney and the examining attorney or

post-registration examiner receives specific guidance that the address should be

questioned and that documentation may be necessary to support the U.S. street

address, the examining attorney or post-registration examiner will issue an Office

action requiring the applicant or registrant to either appoint a qualified U.S.

attorney or provide documentation supporting the specified U.S. street address. In

such cases, the Office action will also include all other applicable refusals and/or

requirements. If the applicant or registrant responds by appointing a qualified U.S.

attorney, the examining attorney or post-registration examiner will withdraw the

requirement for documentation supporting the U.S. street address. The requirement

will be reissued if the qualified U.S. attorney withdraws or is subsequently revoked.

An applicant or registrant who provides acceptable

documentation supporting its U.S. address is not required to appoint a qualified U.S.

attorney.

If the applicant responds but does not appoint a

qualified U.S. attorney or provide the information necessary to support its U.S

e U.S. street address. The requirement

will be reissued if the qualified U.S. attorney withdraws or is subsequently revoked.

An applicant or registrant who provides acceptable

documentation supporting its U.S. address is not required to appoint a qualified U.S.

attorney.

If the applicant responds but does not appoint a

qualified U.S. attorney or provide the information necessary to support its U.S.

street address, the examining attorney will issue a final action as to the

requirements regarding domicile, to appoint a qualified U.S. attorney, and all other

unresolved refusals and/or requirements, if the application is otherwise in condition

for final action. If the registrant responds in a post-registration matter but does

not appoint a qualified U.S. attorney or provide the information necessary to support

its U.S. street address, the post-registration examiner will issue a second action

maintaining the requirements regarding domicile, to appoint a qualified U.S.

attorney, and all other unresolved refusals and/or requirements.

Examples of documents that can support a U.S. street

address include the following:

(a)

For an individual

,

documentation showing the name and listed address of the individual, such as

one of the following:

(i) a current, valid signed rental, lease, or

mortgage agreement;

(ii) a current, valid homeowner’s, renter’s, or

motor vehicle insurance policy; or

(iii) a computer-generated bill issued by a

utility company dated no earlier than 60 days before the application or

post-registration document filing date.

umentation showing the name and listed address of the individual, such as

one of the following:

(i) a current, valid signed rental, lease, or

mortgage agreement;

(ii) a current, valid homeowner’s, renter’s, or

motor vehicle insurance policy; or

(iii) a computer-generated bill issued by a

utility company dated no earlier than 60 days before the application or

post-registration document filing date.

(b)

For a juristic entity

,

documentation showing that the address is the applicant’s or registrant’s

business headquarters, such as a current, valid signed rental, lease, or

mortgage agreement for commercial office space that is not for a coworking or

similar facility.

However, the above documentation will not support a

U.S. address that is otherwise identified as an unacceptable type of domicile

address.

See

TMEP §601.01(c)(i)

. Examining attorneys and

post-registration examiners must not accept such documentation as satisfying a

domicile address requirement when the address is an unacceptable type of domicile

address.