USPTO releases new rules for non-US domiciled TM applicants

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

USPTO releases new rules for non-US domiciled TM applicants

uspto thumb

Non-US domiciled trademark applicants, registrants and parties to Trademark Trial and Appeal Board proceedings will have to be represented by a US-qualified lawyer

uspto

The new rules were announced on July 2 and will come into force on August 3. 

According to the USPTO, the rules will help safeguard the "accuracy and integrity" of its trademark register. 

It also pointed out that other trademark offices require foreign-domiciled applicants to use local representation for filing. 

“Many other countries worldwide have had this requirement for decades,” said USPTO commissioner for trademarks, Mary Boney Denison, in a press release.

The office has published guidance notes on who will be classed as 'foreign-domiciled', the information a US attorney/lawyer must provide to satisfy the new rules, and the position of Canadian patent and trademark attorneys/agents. The guidance notes and likely questions concerning the rules can be found here.


The USPTO also addressed some concerns, such as the costs of appointing a US attorney and Madrid System applications, highlighted during the consultation period (see the official rule document published in the Federal Register). 


Previous Managing IP coverage on this issue can be found here and here

more from across site and SHARED ros bottom lb

More from across our site

With the US privacy landscape more fragmented and active than ever and federal legislation stalled, lawyers at Sheppard Mullin explain how states are taking bold steps to define their own regimes
Viji Krishnan of Corsearch unpicks the results of a survey that reveals almost 80% of trademark practitioners believe in a hybrid AI model for trademark clearance and searches
News of Via Licensing Alliance selling its HEVC/VCC pools and a $1.5 million win for Davis Polk were also among the top talking points
The winner of a high-profile bidding war for Warner Bros Discovery may gain a strategic advantage far greater than mere subscriber growth - IP licensing leverage
A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Varuni Paranavitane of Finnegan and IP counsel Lisa Ribes compare and contrast two recent AI copyright decisions from Germany and the UK
Exclusive in-house data uncovered by Managing IP reveals French firms underperform on providing value equivalent to billing costs and technology use
The new court has drastically changed the German legal market, and the Munich-based firm, with two recent partner hires, is among those responding
Consultation feedback on mediation and arbitration rules and hires for Marks & Clerk and Heuking were also among the major talking points
Nick Groombridge shares how an accidental turn into patent law informed his approach to building a practice based on flexibility and balancing client and practitioner needs
Gift this article