Friday, 12 July 2019 15:54

New USPTO Trademark Rule Requires Foreign-Domiciled Parties to be Represented by Licensed U.S. Attorney

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Earlier this month, the United States Patent and Trademark Office (“PTO”) disclosed that a new rule would soon take effect, requiring that all foreign-domiciled parties, registrants, and trademark applicants to Trademark Trial and Appeal Board (“TTAB”) proceedings must be represented by a licensed attorney that is admitted to practice law in the United States.  The new rule takes effect on August 3, 2019, and applies not only to new filings, but current filings as well.  Thus, and in enforcing the rule, the TTAB will suspend any proceedings – and require appointment of a licensed U.S. practitioner – in any action where a foreign-domiciled party is represented by a non-U.S. attorney.  Andrei Iancu, the director of the USPTO, stated that the new rule is intended to combat “fraudulent submissions,” and to “maintain the accuracy and integrity of the register.”

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