Effective August 3, 2019, foreign-domiciled U.S. trademark applicants, registrants and parties to U.S. Trademark Trial and Appeal Board (TTAB) proceedings will need to be represented by an attorney licensed to practice in the United States.

Generally, a U.S. licensed attorney will not need to be appointed in an application that was filed prior to August 3, 2019. However, if an action is required by the applicant a U.S. licensed attorney will need to be appointed. For example, if an Office Action is issued or a statement of use or request for extension of time is required a U.S. licensed attorney will need to be appointed. This also applies to applications for International Registration submitted under the Madrid Protocol.

Unrepresented foreign-domiciled parties to TTAB proceedings which were commenced prior to August 3, 2019 will need to be represented by a U.S. licensed attorney. The TTAB will suspend any such proceedings requiring the appointment of a U.S. licensed attorney.

The USPTO states that this rule has been enacted to increase compliance with U.S. trademark law and USPTO regulations, improve the accuracy of trademark submissions to the USPTO, and safeguard the integrity of the U.S. trademark register.

Feel free to contact us to learn more about this rule. You can also visit the USPTO website for more information.