Why Non-US Citizens Now Need To Hire A US Trademark Attorney

by Zach Stevens

Citizens outside of the United States are now required to hire a US trademark attorney if they wish to sell their products in the US with USPTO protection. 

This wasn’t always the case, but as of August 3, 2019, all non-US trademark applicants, registrants, or parties must be represented by a US attorney when they apply.

This law has been put in place for a number of reasons, and the role that the U.S. trademark register plays in how businesses make brand-related legal decisions is a big one. Basically, the USPTO wants to ensure that all applicants/registrants are in full compliance with US trademark law, as well as to ensure the accuracy and integrity of registered marks.

After a mounting number of foreign-domiciled trademark filings turning up fraudulent or inaccurate, this law was put in place.

The goals of the law are, in summary:

  • To make USPTO trademark submissions as accurate as possible,
  • To ensure compliance with USPTO regulations, and
  • To maintain the integrity of the US trademark register.

The Pros Of Hiring A US Trademark Attorney For Non-US-Based Trademarks

Whether you live in Canada, The United Kingdom, or anywhere else not in the US, registering a trademark is likely a complicated process with a lot of ins and outs that most citizens don’t know about. 

The same goes for the US. 

The process of registering your trademark in the US is going to go a lot more smoothly with a competent US trademark attorney helping you out.

The US Trademark Application Process—What To Expect

If you have a mark that you’re confident on and want it registered, your US trademark attorney can conduct an in-depth trademark search to ensure that our mark isn’t “confusingly similar” to an existing trademark—this will make the chances of receiving registration much higher. 

This process usually takes about a week.

The second step is to actually file your application with the USPTO. This is a success in itself, however, it usually takes about 3 months (minimum) for anyone at the USPTO to even look at your application.

Once they do, your mark then goes up for publication (if approved), and goes up for publication—this is a time in which people, parties, and business entities can write in with challenges to your trademark (essentially saying you shouldn’t have it registered). This process usually takes about a month to 45 days.

The final step, once we’ve passed the approval and publication processes, the USPTO will go through some final inspections and finalize the process. In other words, your mark will finally get registration.

So, from start to finish, the entire process of getting your trademark registered with the USPTO will likely take 6 months at minimum.

Contact MZJ—Our US Trademark Attorneys Can Help

With years of experience and in-depth knowledge of the US trademark application process, our attorneys will make the process go as quickly and smoothly as possible.

Fill out the form below and we’ll be in touch!

Agent/Attorney International Trademarks

  • If also seeking a logo, type "& logo" after the words.
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