Intellectual Property Law
New Matter FALL 2019, Volume 44, Number 3
Content
- 2019 New Matter Author Submission Guidelines
- 44th Annual Intellectual Property Institute
- Bypassing Highway [35 U.S.C. Section] 101: Congress in Search of an Alternative Route to Patent Eligibility
- Case Comments
- Cla Ip Section Staff
- Contents
- Copyright News
- Federal Circuit Report
- Intellectual Property Section Executive Committee 2018-2019
- Intellectual Property Section Interest Group Representatives 2018-2019
- Ip and Art: An International Perspective
- Letter from the Chair
- Letter from the Editor-in-Chief
- MCLE Self-Study Article
- Ninth Circuit Report
- Online Cle For Participatory Credit
- Quarterly International Ip Law Update
- Report of the Delegation of the Intellectual Property Law Section of the California Lawyers Association to Washington, D.C.
- The California Lawyers Association Intellectual Property Alumni
- The Licensing Corner
- Tips and Pitfalls of Udrp Proceedings
- Ttab Decisions and Developments
- Rule Changes Affecting Trademark Practitioners
Rule Changes Affecting Trademark Practitioners
D. Benjamin Borson
Borson Law Group P.C.
Uspto identified problems with foreign trademark applications
On 2 July 2019, the USPTO issued a final rule on "Requirement of U.S. Licensed Attorney for Foreign Trademark Applicants and Registrants" (Federal Register vol 84, No. 127; pp 31498-31511). The rule is intended to address the problem of foreign trademark applicants being given improper information about the proper procedures for obtaining and maintaining trademark registrations, such as proper use in commerce, who can properly aver to matters and sign for the mark owner, or even who the true owner of a mark is under U.S. law. The changes also are intended to address the problems of filing inaccurate or even fraudulent applications that violate the Trademark Act and/or USPTO’s rules. Such problematic filings raise legitimate concerns that affected applications and any resulting registrations are potentially invalid, and thus negatively impacts the integrity of the trademark register.