In July 2019, the USPTO announced a new rule. In the US, creative entrepreneurs can file a US trademark application by themselves or they can hire an attorney to help protect their brand name. This new USPTO rule puts an end to the practice of US trademark law by non US attorneys.
Starting on August 3, the USPTO will require that any non US company or applicant filing a US trademark application must be represented by a US trademark attorney. Apparently within the last few years, US trademark applications filed by foreign entities have increased by 50%. WTC?!
The USPTO hopes that this new rule will help ensure that foreign entities are represented by competent counsel with real US trademark experience. By requiring that a foreign entity retain Us TM lawyer, the USPTO hopes to prevent fraud and to improve the quality of trademark submissions.
The increase in trademark filings by foreign companies emphasizes the value of US trademarks in a global marketplace. Perhaps it also shows US business owners the value of hiring a trademark attorney to file trademark applications.
WHO PROTECTS YOUR CREATIVITY?
Hopefully a licensed US trademark attorney.
Mariessa Terrell is the Author of WTC?! What the Cupcake® - a fashion law blog; and the first Fashion Law Professor at Howard University School of Law. Prof. T has been practicing Trademark Law for over 20 years.