On August 3rd, the USPTO will enact a new rule that requires foreign applicants to use a US licensed attorney when filing for a trademark. This rule is being enacted in response to the recent increase in fraudulent specimens associated with trademark filings by Chinese applicants (of which the Gerben Law Firm has reported on previously).
The WTR quoted Eric Perrott’s promotion of the proposed rule in a previously-published article, citing that it ““would help maintain the integrity of the US trademark register”.
Now that rule is set to become part of USPTO policy, Josh Gerben was quoted by the WTR discussing the implications of this rule:
“[…]The US trademark register has been flooded with fraudulent applications from foreign nationals over the past five years. These fraudulent applications have jeopardised the integrity of the US trademark register and have caused undue delay and additional costs for many businesses in obtaining valuable trademark rights. Therefore, by requiring a US attorney to represent a foreign national, the USPTO is leveraging the ethical responsibilities of private attorneys to ensure the filings submitted to the USPTO are legitimate. If any attorney submits applications containing fraudulent specimens or claims, they could face disciplinary action by the USPTO.”
Source: Lince, T. “A necessary move” – USPTO to require foreign trademark applicants to use US attorneys”. WTR.com. July 3 2019.