New USPTO Rules for Federal Trademark Filings

The United States Patent and Trademark Office (USPTO) recently announced several new ­­rules that change the process for trademark registrations.

The first applies to foreign trademark applicants, registrants or parties to trademark proceedings. Under this rule, which went into effect August 3, 2019, all individuals and/or entities whose permanent legal residence or place of business is located outside of the United States or its territories must be represented by a licensed U.S. attorney.  Qualified attorneys must provide their name, mailing address, email address and bar membership information, as well as proof that they are an active member in good standing with a bar of the highest court of a U.S state, commonwealth or territory.

Previously, foreign applicants could act on their own behalf. However, in recent years, the USPTO has seen a dramatic increase in the number of questionable, inaccurate and/or phony foreign trademark applications. This new rule is intended to prevent fraudulent behavior, improve the quality of submissions and protect the integrity of the U.S. trademark register.

The second rule, which becomes effective October 5, 2019, requires all trademark applications, submissions and relevant documents to be filed electronically through the USPTO’s online Trademark Electronic Application System (TEAS). By eliminating paper submissions and requiring “end-to-end electronic processing of applications and registrations” through TEAS, the USPTO aims to increase processing times and improve accuracy.

Filing a trademark application with the USPTO is a complex legal proceeding. At Hymson Goldstein Pantiliat & Lohr, we have experienced intellectual property attorneys who can help you navigate the application process and give you peace of mind with all of your trademark needs. After all, at Hymson Goldstein Pantiliat and Lohr, Our Business Is Your Peace of Mind®.

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