Non-attorneys precluded from representing applicants and registrants

Non-attorneys are not legally allowed to represent applicants or registrants, whether precluded or not. A non-attorney, such as an unlawful filing firm, may receive an order for sanctions that precludes them from representing applicants or registrants before the United States Patent and Trademark Office (USPTO). If an applicant or registrant is required to or wants to be represented before the USPTO, then they must hire a U.S.-licensed attorney.

Attorneys may be excluded from practicing before the USPTO through the Office of Enrollment and Discipline (OED). Anyone who is precluded or excluded cannot submit any documents to the USPTO on an applicant’s or registrant’s behalf.

Review the administrative orders process and see past orders for sanctions and exclusion orders.

When a non-attorney is precluded

We change the correspondence address for each affected application or registration to that of the applicant, registrant, or domestic representative and will notify the affected applicant or registrant that:

The precluded non-attorney cannot practice before the USPTO in trademark matters and can’t represent the applicant or registrant.
Any action the precluded non-attorney took while representing the applicant or registrant is invalid from whenever the precluded non-attorney started representation.
The precluded non-attorney cannot sign responses to office actions, authorize examiner’s amendments or priority actions, conduct interviews with USPTO employees, or otherwise represent an applicant or registrant to a proceeding before the USPTO.
All correspondence concerning the application or registration will be sent to the domestic representative, if one has been appointed, or to the applicant or registrant at the address of record.

The above consequences apply to excluded attorneys too and also include:

Any power of attorney that was granted to the excluded attorney is invalid from the moment the excluded attorney took action.

What to do if the non-attorney is precluded or the attorney is excluded

Review your contact information in your application or registration record.
Go to the Trademark Status and Document Retrieval (TSDR) system and enter your serial number or registration number to retrieve the record for your application or registration.

Select the “Status” tab and review the Attorney/Correspondence Information to confirm that the correspondence information is correct. If the correspondence information is incorrect, correct it by filing a Change of Representation form. If necessary, you may also change the owner’s address information, using this same form. Read more about Correspondence and Attorney/Domestic Representative forms.
Determine if you're required to file anything.
Select the “Documents” tab in the TSDR system and view the outgoing correspondence from the USPTO to determine if you’re required to file anything in connection with your application or registration, such as a response to an office action, a statement of use, or a registration maintenance document. If your application is still pending and you fail to file a required document before the deadline, your application will be abandoned. If your trademark is already registered, and you fail to submit the required registration maintenance documents on time, your registration will expire or be canceled.

For help with pending applications, contact the assigned examining attorney, whose contact information is provided in office actions. For help with registrations, contact the assigned post registration specialist, whose contact information will be provided in any office action.
Review all documents previously submitted on your behalf.
If your application is still pending and your trademark hasn't registered yet, review any documents submitted on your behalf to confirm that it was signed by the appropriate party and that all the information in the document is correct. If you believe that any submitted document was improperly signed or contains incorrect information, you should contact the assigned examining attorney, who can answer questions about the process for resubmitting documents.

If your trademark is already registered and registration maintenance documents were submitted on your behalf, you should review the documents to confirm that they contain accurate information and are properly signed. If you have any questions about a registration maintenance document submitted on your behalf, you may contact the assigned post registration specialist. Learn more about who can sign a verified statement and who can sign a response to an office action.
Decide if you need to hire a U.S. attorney to represent you.
Find out whether you are required to hire a U.S.-licensed attorney and how an attorney can help you register your trademark.

What to do when your application is abandoned

When an application is abandoned, it means that a registration will not be issued. The USPTO may deem your application abandoned if you fail to:

Submit a response to an office action.
Respond completely to an office action.
Respond to a suspension inquiry.
File a statement of use.

In addition, an application may be “expressly abandoned,” meaning that the applicant has requested that the application be abandoned and that no further prosecution of the application will occur.

In some cases, you may file a petition to revive an abandoned application or request that an abandoned application be reinstated. More information about abandonment and the process of reviving or reinstating an abandoned application may be found at abandoned applications.

What to do if your registration expires or is canceled

Once your trademark is registered, you must file specific documents and pay the required fees at regular intervals to keep the registration "alive" or valid. Failure to file these documents or pay the required fees will result in the cancellation or expiration of your registration.

If you failed to timely respond to an office action that refused to accept a §8 affidavit, §71 affidavit, or §9 renewal application due to an extraordinary situation, you may file a formal petition under 37 C.F.R. §§2.146(a)(5) and 2.148 to accept a late response.

You may file the petition electronically using the Petition to Director form.
You must file the petition within two months of the issue date of the cancellation notice.
If you did not receive the cancellation notice, or no cancellation notice was issued, you must file the petition within two months of the date the Trademark database was updated to indicate that the registration expired or was canceled.

If your registration expires or is canceled, but you have proof that a USPTO error led to the cancellation or expiration, you may file a request to reinstate a canceled or expired registration.

You may file the request electronically using the Petition to Director form.
Although a petition fee is required in order to file the form, it will be refunded if USPTO error is found.
For a list of examples of situations where the USPTO may reinstate a canceled or expired registration, please see TMEP §1712.02(a).

For additional information about maintaining your trademark registration, visit keeping your registration alive.