U.S. Attorney Now Required On All Trademark Applications

On July 2, 2019, the U.S. Patent and Trademark Office announced a new rule requiring all foreign trademark applicants, registrants, and parties to Trademark Trial and Appeal Board proceedings to be represented by an attorney who is licensed to practice law in the United States.  “The requirement applies to all trademark applicants, registrants, and parties whose permanent legal residence or principal place of business is outside the United States. These applicants, registrants, and parties are required to have a U.S.-licensed attorney represent them at the USPTO in all trademark matters.”

The requirement is aimed at combating fraud by foreign citizens interacting with the USPTO.  Disciplinary measures against foreign lawyers and parties are typically limited.  The USPTO is hoping that the threat of discipline to U.S.-licensed attorneys will force those attorneys to police their foreign clients and prevent fraud.

This new trademark rule takes effect on August 3, 2019. At Karish & Bjorgum, we regularly practice before the U.S. Patent & Trademark Office and handle all phases of domestic and international trademark prosecution.  If you are in need of a U.S. attorney to represent you, feel free to contact us. 

More information on this new rule can be found here: https://www.uspto.gov/trademark/laws-regulations/trademark-rule-requires-foreign-applicants-and-registrants-have-us