A U.S. Trademark Application Requires a U.S. Attorney

What’s New?

As of August 3rd, 2019 all foreign-domiciled trademark applicants, registrants and parties to Trademark Trial and Appeal Board proceedings – yes Canada this includes you with limited exceptions – will be required to be represented by an attorney licensed and practicing law in the United States. Check out the law here.

What is the Point?

Well, of course the main goal of any new rule is to increase compliance, but the USPTO (United States Patent and Trademark Office) is also looking to improve the accuracy of trademark submissions made. Not only, will having an experienced US trademark attorney working with registrants increase the efficiency of the office, but it will likely save registrants costly fees associated with misfiling and corrections. Finally, it’s important to the USPTO to maintain the integrity of the office – with the increasing issues – specifically in regard to fraudulent trademarks – the office seeks to regain some control.

What does this all mean?

This means, basically, if a trademark applicant is based out of a country OTHER THAN the United States – Canada you have a slight exception you can check out here – you MUST retain an attorney licensed to practice law in the United States. These attorneys must be able to provide to the USPTO their name, postal address and email, a statement showing they are in good standing of a state or the federal bar and their bar number – if applicable. Without this, you will not be able to register or apply for your trademark in the United States.

Who Do I Turn To?

The Lomnitzer Law Firm, P.A. is an excellent resource for all of your trademark and intellectual property needs. Based in South Florida, The Lomnitzer Law Firm, P.A. has helped clients all over the world and at competitive and affordable rates. The attorneys at the firm have extensive experience in trademark registration and enforcement protection, as well as litigating trademark infringements. The Lomnitzer Law Firm, P.A. can provide all foreign based individuals or entities looking to protect their trademark with more than just registration. The Lomnitzer Law Firm, P.A. also features attorneys working in every aspect of intellectual property including patent law, entrepreneurial law, copyright, entertainment and small business consultation.

For more information on how to protect your trademarks and all intellectual or business law needs contact us via our website form.