Non-US Citizens Now Required to Be Represented by a US Trademark Attorney for Federal Trademark Registration
Our International team of USPTO Licensed trademark lawyers can help you get registered. As of August 3, 2021, all non-US trademark filing must be done with the representation of a US trademark attorney. The reason this law was put into place was primarily to ensure the integrity and accuracy of trademarks in the US. The role that United States trademarks play in how businesses make brand-related legal decisions is another factor. The mounting number of foreign-domiciled trademark filings turning out to be non-substantive, inaccurate, or fraudulent eventually lead to the need to put this law into place.
Our USPTO trademark registration services include conducting courtesy preliminary searches and consultations. Once we can clear the mark on the preliminary level, we will recommend conducting a full search. If the proposed trademark clears after conducting a full search, then, the next step is filing a trademark application at the United States Patent & Trademark Office (USPTO). Our trademark lawyers will prosecute the application on your behalf. Once the certificate of registration issues, we will provide you with instructions for maintaining your trademark rights and for filing mandatory post registration documents with the USPTO. We can assist our clients with litigation matters at the Trademark Trial and Appeal Board or in federal court. Also, we can file trademark assignments at the USPTO, send Cease and Desist letters on behalf of trademark owners, or prepare Trademark Licensing Agreements.
Our law firm is intimately familiar with the complex laws, regulations, and case law involved in federal trademark registration, increasing the likelihood of success for your initial application. We also help clients respond to USPTO Office Actions involving required amendments, statutory refusals, evidence of mark usage, and other issues.
With the guidance of an efficient attorney, the trademark process usually takes several months. However, the entire trademark process may take as little as half a year to over several years, based upon any office actions issued and the timeliness of your response.
New business owners and entrepreneurs often question the importance of a trademark registration. This is valid, considering the legal costs of filing and prosecuting an application. However, your business assets are valuable and need to be protected against potential counterfeiters. Without registering your trademarks, you face potential theft from those looking to infringe on your hard work. These registrations preserve your extensive time, energy, and finances you have invested into your brand.