USPTO IMPOSES REQUIREMENT OF U.S.-LICENSED ATTORNEY FOR FOREIGN TRADEMARK APPLICANTS AND REGISTRANTS

UPDATE: On July 2, 2019, the U.S. Patent and Trademark Office (USPTO) issued the final rule indicating that the proposed rule discussed below would go into effect on August 3, 2019. Beginning on this date, foreign applicants and registrants will be required to identify a U.S. licensed attorney prior to examination of a trademark application.

These rules will apply to any foreign domiciled trademark applicant registry the party. Additionally the rules indicate that Canadian trademark applicants will not be able to rely on Canadian patent agents, who were previously authorized to represent their clients before matters with the USPTO. Canadian trademark attorneys and agents will still be allowed to be appointed as an additionally appointed practitioner, but the USPTO will only correspond with the appointed U.S. licensed attorney.

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