Reviewing the Name, Title, and Domicile Address of an Individual with Legal Authority to Bind the Juristic Entity

If a juristic applicant or registrant provides

the name, title, and domicile address of an appropriate individual who has

legal authority to bind the applicant or registrant, the new address must be

searched to determine acceptability in accordance with the procedures set forth

in

TMEP §601.01(c)(ii)

.

However, if a juristic applicant indicates the

new domicile address provided is that of an individual, but does not provide a

full name and/or title, or provides a title that does not clearly indicate the

individual has legal authority to bind the applicant (e.g., manager for a

corporate entity), the domicile address requirement must be maintained, or made

final if the application is otherwise in condition for final action, as

appropriate. Similarly, if a juristic registrant indicates the new domicile

address provided is that of an individual, but does not provide a full name

and/or title, or provides a title that does not clearly indicate the individual

has legal authority to bind the registrant, the domicile address requirement

must be maintained in a subsequent post-registration action providing the

petition option, if the maintenance filing is otherwise in condition for an

action providing the petition option.

In all cases, the examining attorney or

post-registration examiner must also raise any other issues resulting from the

new domicile address (e.g., if the applicant or registrant provides a foreign

domicile address for the individual, then the applicant or registrant must be

represented by a qualified U.S. attorney (

see

TMEP §601.01(a)

)).

Protecting hidden or masked

information

. If an Office action is issued that questions the

validity of the domicile address or the name and title of an individual named

by the applicant or registrant, and the applicant or registrant provided this

information in the hidden “Domicile Address” field, the examining attorney or

post-registration examiner must not list the address or name in the Office

action

ting hidden or masked

information

. If an Office action is issued that questions the

validity of the domicile address or the name and title of an individual named

by the applicant or registrant, and the applicant or registrant provided this

information in the hidden “Domicile Address” field, the examining attorney or

post-registration examiner must not list the address or name in the Office

action. The examining attorney or post-registration examiner may, however,

reference the title if the title provided indicates the individual does not

have legal authority to bind the applicant or registrant. If evidence is being

attached to the Office action to support an inquiry, an examining attorney may

attach evidence that identifies the address if necessary. Applicant may then

later petition the USPTO to have that information redacted.