Public Law Monitor
New rule requires trademark applicants and registrants to have a U.S.-licensed attorney
July 2, 2019
The United States Patent and Trademark Office (USPTO) published a new rule in the Federal Register requiring foreign-domiciled 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.
This rule becomes effective on August 3.
The requirement applies to all trademark applicants, registrants, and parties whose permanent legal residence or principal place of business is outside the United States, including Canadian applicants, registrants, and parties. These applicants, registrants, and parties are required to have a U.S.-licensed attorney represent them at the USPTO in all trademark matters.
In addition to this change, U.S.-licensed attorneys representing anyone before the USPTO in trademark matters are required to confirm they are an active member in good standing of their bar and to provide their bar membership information.
To learn more about this federal trademark law change, visit the USPTO website.
Joshua A. Claybourn is a member focusing primarily on state and local government, intellectual property, utility regulation, and commercial transactions. His intellectual property law practice focuses on trademarks, copyrights, trade secrets, and licenses. He helps clients develop and implement strategies to promote and foster new intellectual property, protect and maintain existing intellectual property, and avoid intellectual property infringement litigation.