USPTO Announces New Trademark Rule

Adler Pollock & Sheehan P.C.
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Adler Pollock & Sheehan P.C.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 to practice law in the United States.  This new trademark rule has an effective date of August 3, 2019.

Foreign-domiciled trademark applicants, registrants, and parties include: (i) any entity with its principal place of business (i.e. headquarters) outside the US and its territories; and (ii) any individual with a permanent legal residence outside the US and its territories.

If an application is filed without complying with this new rule, the USPTO will issue an Office Action requiring appointment of a qualified US Attorney. The Applicant will have six months to comply and respond. Failure to comply will result in the abandonment of the application.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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