New Rule Issued Requiring Foreign-Domiciled Applicants and Registrants to Have a U.S.-Licensed Attorney

Author(s): Carla Clements

The United States Patent and Trademark Office (USPTO) recently announced a new rule requiring all foreign-domiciled trademark applicants, registrants, and parties to Trademark Trial and Appeal Board proceedings to be represented by an attorney who is licensed in the United States. The requirement applies to parties whose permanent legal residence or principal place of business is outside the United States. The new rule also requires all U.S.-licensed attorneys to confirm they are an active member in good standing of their bar and to provide their bar membership information. Under Secretary of Commerce for Intellectual Property and Director of the USPTO, Andrei Iancu believes that “This rule is a significant step in combatting fraudulent submissions.” The new rule goes into effect on August 3, 2019.

The complete text of the rule is published in the Federal Register.

2019-14087

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