Foreign Trademark Applicants and Registrants Required to Appoint U.S. Licensed Trademark Attorney
A U.S. Licensed Attorney Is Now Required for Foreign Trademark Applicants and Registration Owners.
Effective August 3, 2019, online TEAS forms will comply with a new rule requiring applicants to obtain representation by a U.S. Licensed Trademark Attorney. This new rule is a direct result of the increasing number of inaccurate and possibly fraudulent trademark submissions.
The rule will increase customer compliance and USPTO regulations, improve the accuracy of trademark submissions, and safeguard the integrity of the U.S. trademark register. Continue reading to find out who is affected, how to prepare, and for more information about why this rule is being put into place. For even more information about the new rule, visit the USPTO articles here or here.
Attorney Charles L. Riddle is a U.S. licensed patent attorney with 20 years of experience practicing trademark law and intellectual property law. If you have an existing registration and/or application number assigned, Attorney Riddle can serve as the U.S. licensed trademark attorney of registration for $275 annually. Please fill out the U.S. Licensed Trademark Attorney Contact Form or contact us.
If you wish to file a new trademark application, and therefore do not have an application number assigned, please contact Trademark Attorney Riddle to discuss engagement and pricing.
Who Will Be Affected?
Foreign-domiciled trademark applicants, registrants, and parties, including:
Individuals with a permanent legal address outside of the United States.
Individuals with a place of business located outside of the United States.
This rule also applies to Canadian applicants, registrants, and parties.
Why is this rule being put into place?
Businesses rely on the U.S. trademark register to make important legal decisions about their brands. In order to maintain the accuracy and integrity of the register, for the benefit of all its users, the USPTO must have the appropriate tools to enforce compliance by all applicants and registrants. We discovered an increasing number of foreign trademark applicants, registrants, and parties are filing inaccurate and possibly fraudulent submissions with the USPTO that do not comply with U.S. trademark law or the USPTO’s rules. Often, these submissions are made with the assistance of foreign individuals or entities not authorized to represent applicants at the USPTO.
Many countries already require local attorneys to represent applicants. A significant number of trademark offices around the world require foreign-domiciled applicants and registrants to obtain local counsel as a condition for filing papers with those trademark offices. USPTO – Trademark rule requires foreign applicants and registrants to have a U.S.-licensed attorney.