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New Rule for Foreign Trademark Applicants and Registrants Begins on August 3rd

by | Aug 1, 2019 | Intellectual Property, Trademark

Quick reminder: the new rule regarding representation for foreign trademark applications and registrations goes into effect on August 3rd, 2019.

Recently, I shared the news that all applicants, registrants, and other parties residing outside of the United States are now required to retain a U.S.-licensed attorney for certain activities. 

This includes both filing any application through the United States Patent Trademark Offices (USPTO) and accessing the Trademark Trial and Appeal Board (TTAB). 

An Effort to Curb False Trademark Registrations

In-country representation is not a new concept. Other countries have required the same for years. The U.S. rule comes along with a wider effort by the USPTO and TTAB to “improve the quality of submissions to the USPTO.” 

The declared aim is simply to enforce foreign applicant compliance with U.S. statutory and regulatory trademark requirements. However, some officials believe the rule is specifically targeting a “recent uptick in pro se applications filed by Chinese citizens.” Evidence seemingly suggests fraudulent activity.

Chinese citizens can file applications for U.S. trademarks at a fee of $325. When an application yields a successful registration, the Chinese government pays them approximately $790, which seems to have inspired a flood of trademark filings without sincere interest in the rights.

Marks Gray Can Help You Navigate the Foreign Registration Process

Regardless of your location outside the U.S., the Marks Gray Intellectual Property team is experienced, available, and ready to represent your foreign trademark application and registration needs. 

If you reside in another country and have questions or would like to discuss foreign trademark processes, contact us at [email protected] or by calling 904-398-0900 for more information. 


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