Intellectual Property Law

New Matter FALL 2019, Volume 44, Number 3

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.

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