New rule. Foreign US Trademark Applicants Must Be Represented By US Attorney

To maintain the accuracy and integrity of trademark registration, the United States Patent and Trademark Office (USPTO) has announced that foreign-domiciled trademark applicants and parties must hire a US licensed attorney to process the applications and represent them in all trademark matters.

Additionally, these US licensed attorneys representing national and international applicants before USPTO must confirm that they are active members in good standing with their bar association and ready to provide their bar information.

The USPTO also will be asserting their power to enforce compliance by all applicants and registrants to combat fraudulent submissions.

 “Many other countries worldwide have had this requirement for decades,” said USPTO Commissioner for Trademarks Mary Boney Denison. “We believe that this new rule will help improve the quality of submissions to the USPTO.”

This new rule will be effective as of August the 3rd. 2019. Follow the link to review the text of the rule published in the Federal Register.

“Consumers need to be aware there are persons who are not licensed attorneys trying to perform some of this important work. It is always good to ask your lawyer for his or her credentials to make sure you are hiring a person who is performing to the profession’s high standards. Not using an expert may lead to delays, rejections and extra costs to the applicants. We are confident the USPTO will be enforcing the compliance with this new rule for the benefit of all”, said business and trademark attorney Marcos E. Garciaacosta.

Marcos E. Garciaacosta is an attorney licensed with the Arizona Bar Association. Schedule an appointment calling (480) 324-6378 or e-mailing marcoslaw@legalbizglobal.com

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