Detroit Michigan Trademark Attorney: US-Licensed Attorneys Required for Foreign Trademark Applicants

Detroit, Michigan Trademark Attorney: US-Licensed Attorneys Now Required for Foreign Trademark Applicants

Detroit Michigan Trademark Attorney: US-Licensed Attorneys Required for Foreign Trademark Applicants - Blog | HIlla Law Firm - Detroit_Michigan_Trademark_Attorney_-_New_USPTO_Rule

The US Patent & Trademark Office (USPTO) has issued a new rule requiring foreign-domiciled trademark applicants, registrants, and parties to Trademark Trial and Appeal Board (TTAB) proceedings, including Canadian parties, to be represented by attorneys licensed to practice law in the United States.

The Rule becomes effective on August 3, 2019, and is intended to protect the US trademark register from inaccuracy and outright fraud.

The USPTO has observed that many problematic applicants originate with foreign individuals or entities not actually empowered to represent applicants at the USPTO (i.e., licensed to practice law in a U.S. state or the District of Columbia).

Detroit, Michigan Trademark Attorney: Canadian Agents and Attorneys Also Affected

Canadian patent agents and attorneys will no longer be able to represent Canadian trademark applicants or other parties before the USPTO. They will be able to act as “additionally appointed practitioners” who can represent Canadian clients—but the USPTO will correspond only with the also-appointed US lawyer.

Such “additionally appointed practitioners” will need to be reciprocally recognized by OED, but they will need to retain a US lawyer to file actual responses to USPTO office actions and other items.

Canadian patent agents will simply, after the effective date of the new rule, not be allowed to represent Canadian parties any longer.

Detroit Michigan Trademark Attorney: The Bottom Line

The bottom-line for foreign USPTO parties is that it is essentially that you collaborate with a knowledgeable US-based trademark registration lawyer for your US trademark applications.

Detroit, Michigan Trademark Registration Attorney John Hilla is  available to assist foreign USPTO registrants with their applications.

Please feel free to contact us here or at 1 (734) 743-1489 to schedule a free telephonic consultation.

Can I Register a Trademark for a Flag or Other National Symbol?

A national or state flag or other national insignia may not be registered, but other elements including so-called "national symbols" may be unless they falsely suggest a connection with the nation or state. Contact The Hilla Law Firm, PLLC to discuss your trademark registration at (734) 743-1489. Affordable fees!

Michigan Trademark Attorney: How Do I Trademark Food Products?

Michigan Trademark Attorney: Registering a Federal trademark for a food product requires selection of an appropriate name, a proper trademark clearance search, and an application to the USPTO with the assistance of a knowledgeable trademark attorney - The Hilla Law Firm, PLLC (734) 743-1489
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