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Using the TEAS Attorney Withdrawal, Replacement, and Appointment/Revocation Forms

Form: Request for Withdrawal as Attorney of Record/Update of USPTO’s Database After Power of Attorney Ends

What is the purpose of this form? 

An attorney of record may use this form to request withdrawal.  In addition, attorneys may use the form to remove their information from the current attorney and correspondence fields when a power of attorney has ended, such as when the relevant mark has registered or there has been a change in ownership of the mark.   

If the USPTO accepts an attorney’s withdrawal, the USPTO will remove the attorney’s contact information from the current attorney name and correspondence fields in the relevant USPTO databases, though this information will remain viewable in the previously filed documents of record. 

If the withdrawing attorney of record is being replaced by another previously appointed associate attorney, which may occur when the named attorney of record is leaving a firm but other attorneys at the firm will continue to represent the applicant/registrant, then the “Replacement of Attorney of Record with Another Already-Appointed Attorney form should be filed instead. 

Note: An individual who is currently designated as a domestic representative but wishes to withdraw must use the “Request to Withdraw as Domestic Representative” form.

How does this form affect the correspondence information? 

The USPTO will send any future correspondence to the correspondence address specified by the withdrawing attorney in the withdrawal form, until a new power of attorney or change of correspondence is filed. 

What information and fee does this form require?

For mandatory or permissive withdrawals, withdrawing attorneys must select and attest to the form’s statements indicating that they have taken the required actions to avoid prejudice to the applicant or registrant. 

An attorney using the form to update USPTO records after a power of attorney has ended must select and attest to the form’s statement indicating that the power of attorney has ended and that the attorney has not subsequently appeared before the USPTO on behalf of the applicant or registrant in a matter relating to the relevant application or registration. 

This form does not require a filing fee. 

Can a single form be filed for multiple applications or registrations?

Yes.  However, an attorney may use the form to request withdrawal or update the USPTO’s database information for multiple applications and registrations only if (1) all of the applications and registrations identify the same owner or owners and (2) the new correspondence address will be the same for all applications and registrations. 

Who must sign this form?

The form must be signed by the attorney requesting the withdrawal or update of the USPTO’s database. 

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Form: Replacement of Attorney of Record with Another Already-Appointed Attorney

What is the purpose of this form?

This form may be used to replace the current primary attorney of record with another attorney who was either named in a previously submitted power of attorney or listed in the record as an appointed attorney. 

This form should not be used if an applicant or registrant is revoking the original power of attorney as to all the previously listed attorneys and appointing a new attorney.  Instead, the “Revocation of Attorney and/or Appointment of Attorney/Domestic Representative should be used.

How does this form affect the correspondence information? 

This form does not allow a change to the correspondence information for the relevant application/registration; thus, to update the correspondence information, a separate “Change of Correspondence Address” form must also be filed. 

What information and fee does this form require?

The person filing the form must either enter text in the provided field or include a file attachment indicating (1) the reasons for withdrawal and (2) that representation by co-counsel is ongoing.

The form does not require a filing fee. 

Can a single form be filed for multiple applications and registrations?

No. 

Who must sign this form?

The form must be signed by the previously appointed attorney who is replacing the currently recognized attorney of record. 

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Form: Revocation of Attorney and/or Appointment of Attorney/Domestic Representative

What is the purpose of this form?

This form may be used to revoke a power of attorney, revoke an associate power or attorney, appoint a new attorney, or appoint a new associate power of attorney, or all of the above.  It may also be used to appoint a domestic representative.

Note: The USPTO will also recognize a newly appearing attorney as the representative of a previously unrepresented applicant or registrant if the attorney signs a document submitted to the USPTO on behalf of the applicant or registrant.  Certain TEAS forms, including the forms for filing responses and voluntary amendments, will allow an attorney appearing on behalf of a previously unrepresented applicant to indicate that a newly appearing attorney is filing the form.  The newly appearing attorney may then complete the fields in the “Attorney Section,” which will electronically update the “Attorney of Record” data in the USPTO’s TSDR database once the form is filed, obviating the need for a separate appointment form.

How does this form affect the correspondence information? 

Once the USPTO accepts the form, the USPTO will send future correspondence to (1) the new correspondence address entered in the form; (2) if no new correspondence address is specified, the attorney’s address listed as part of any new power of attorney; (3) the domestic representative’s address, if one is specified and no new correspondence address is provided and no new attorney is appointed; or (4) the mark owner’s address, if no new correspondence address is specified, there is no new attorney, and no domestic representative has been appointed.

What information and fee does this form require?

When appointing a new attorney or domestic representative, the form requires the newly appointed individual’s name and correspondence information.

When revoking a previously appointed attorney, the form requires the filer to update the correspondence information to indicate where future USPTO correspondence should be sent. 

This form does not require a filing fee. 

Can a single form be filed for multiple applications and registrations?

Yes.  However, filers may use the form to revoke or appoint within multiple applications and registrations only if all of the applications and registrations identify the same owner and/or domestic representative and the new correspondence address will be the same for all applications and registrations.

Who must sign this form?

If the form is being used to revoke the power of attorney for all previously appointed attorneys (i.e., the primary attorney of record and all other appointed attorneys, if any), the form must be signed by the individual applicant/registrant or by a person authorized to legally bind a juristic applicant/registrant (e.g., an officer of a corporation or a partner in a partnership).  Thus, in these instances, the form may not be signed by the original attorney of record or the new attorney of record.  In-house counsel may not revoke or appoint a power of attorney unless he or she is also authorized to legally bind the applicant/registrant (i.e., corporate officer or the equivalent).    

The current attorney of record may sign if using the form to appoint other associate attorneys or remove an associate attorney previously designated in the application record (i.e., those attorneys identified as “other appointed attorneys” in the record or specified in a previous appointment form). 

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Contact TEAS

The USPTO is in the process of updating these forms and welcomes your suggestions for future improvements.  Questions, comments, or suggestions regarding these forms may be sent to teas@uspto.gov.  Please include the following information with your message: (1) your name, (2) your telephone number, (3) the relevant serial number and/or registration number, if applicable, and (4) the name of the relevant form.

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Last Modified: 1/27/2014 11:44:23 AM