TMEP 709.02: Persons Who May Represent Applicant in an Interview

October 2017 Edition of the TMEP

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709.02    Persons Who May Represent Applicant in an Interview

In general, interviews are not granted to persons who lack proper authority from the applicant.  See TMEP §§602–602.03(e) regarding persons who may represent an applicant before the USPTO in a trademark matter, and TMEP §§611.06–611.06(h) for information on persons with legal authority to bind various types of juristic applicants.

The examining attorney may request proof of a person’s authority if there is any reason to suspect that the person is not, in fact, a qualified practitioner who is authorized to represent the applicant. 37 C.F.R. §2.17(b)(2).

For an interview with an examining attorney who does not have signatory authority, arrangements should be made for the presence of an examining attorney who does have such authority and who is familiar with the application, so that an authoritative agreement may be reached, if possible, at the time of the interview.

USPTO employees are forbidden to engage in oral or written communication with a disbarred, suspended, or excluded practitioner ( see TMEP §608.02), unless the practitioner is the applicant.

Requests for interviews from third parties are inappropriate and should be directed to the Office of the Deputy Commissioner for Trademark Examination Policy. See TMEP §1801.