A trademark applicant or registration not domiciled in the United States may file a document designating the name and address of a domestic representative on whom may be served notices or process in proceedings affecting the mark. This is different from a power of attorney and the domestic representative does not automatically have authority to act on notices and processes. The designation serves a different purpose, namely, to bring foreign applicants, registrants and parties under the jurisdiction of the United States legal system.
The domestic representative may be an individual or a “juristic person” such as a firm, corporation, union, association, or other organization capable of suing and being sued in a court of law. Smith & Hopen will generally offer to accept appointment as “domestic representative” at no additional professional charge beyond the professional charge for the action taken.