Are you currently applying for a United States Trademark as a foreign-domiciled business or individual ?

October 28, 2019 | Written By Elana Bertram and Scott D. Brenner

United States Trademark, foreign-domiciled business, USPTO

Are you currently applying for a United States Trademark as a foreign-domiciled business or individual ?

Are you currently a registrant or party to a trial or appeal board action before the USPTO ?

Important Notice:

New rule requires foreign-domiciled Trademark applicants and registrants

to be represented before the USPTO by an attorney licensed in the United States.

  • This rule is currently effective as of August 3, 2019.
  • Attorneys must be in licensed and in good standing in the highest court of a state, commonwealth or territory of the United States.
  • If you are foreign-domiciled you can no longer apply without US-licensed counsel.
  • An individual’s domicile is the place the person resides and intends to be the person’s principal home, regardless of citizenship.
  • An entity’s domicile is its principal place of business (headquarters) where the entity’s senior executives or officers ordinarily direct and control the entity’s activities.  
  • If your submission is already in process and otherwise acceptable it will be accepted.  However, where a submission pre-dates August 3, 2019 and results in an office action, the USPTO will require that US licensed counsel be appointed. 

Should you have any questions, or other legal issues you wish to discuss please feel free to contact Parlatore Law Group partners:

Elana Bertram (Intellectual Property/Corporate)

Scott D. Brenner (Corporate/Commercial/International)

Disclaimers regarding legal advice, attorney advertising, etc.

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