October 23rd, 2019My attorney can’t file my trademark in the US! What now?

You just need to find a US attorney who can file the trademark for you.  If you live in the US that shouldn’t be difficult.  What if you live in another country?

In the past, foreign attorneys could file trademarks for their clients in the US, but as of August 3, 2019, they have to find a US attorney to file trademarks in the US.  Why did the USPTO decide to require a US attorney for US filings?

Per the USPTO website,

“The rule is intended to:

  • Increase USPTO customer compliance with U.S. trademark law and USPTO regulations.
  • Improve the accuracy of trademark submissions to the USPTO.
  • Safeguard the integrity of the U.S. trademark register.”
  • And apparently there have been some issues!

    “A significant number of trademark offices around the world require foreign-domiciled applicants and registrants to obtain local counsel as a condition for filing papers with those trademark offices. In order to ameliorate the abuse of the U.S. trademark registration system, we are now requiring U.S. counsel representation as a condition for foreign-domiciled applicants, registrants, and parties to file papers with the USPTO, as well.”

    At Gearhart Law we file trademarks for clients from around the world.  We have relationships with IP attorneys in other countries, and we facilitate foreign trademark filings through them for our clients.  We also handle US trademark filings for business owners across the globe, either working with them directly or working through their attorneys.  

    If you think you’re going to conduct business overseas, it’s a good idea to protect your trademark.  For more information, please see the trademark section of our website at

    https://www.gearhartlaw.com/patents-trademarks-copyrights/ or call us at 908-273-0700.

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