Introduction
If you’re a foreign business or individual looking to secure a trademark in the United States, there’s one essential requirement you can’t ignore: hiring a U.S.-licensed trademark attorney.
Since August 3, 2019, the USPTO (United States Patent and Trademark Office) has enforced a rule requiring foreign applicants to be represented by a U.S. attorney. This step ensures the integrity of the U.S. trademark system—and protects your brand in the process.
In this blog, we’ll explore why this requirement exists, how it benefits foreign trademark applicants, and what to look for when hiring a US trademark attorney in 2025.
Why Did the USPTO Introduce This Rule?
The rise in fraudulent filings, fake specimens, and unqualified representatives created challenges for the USPTO. To maintain a trustworthy system, the agency began requiring foreign-domiciled applicants, registrants, and parties to a proceeding to have legal representation by an attorney licensed to practice law in the United States.
Who is Affected by the Rule?
Anyone whose permanent legal residence or principal place of business is outside the United States must hire a US trademark attorney to:
- File a new trademark application
- Respond to Office Actions
- Maintain or renew a registration
- Participate in opposition or cancellation proceedings
Benefits of U.S. Attorney Representation
1. Avoiding Rejections and Delays
Many applications filed by foreign applicants without legal guidance are rejected due to:
- Improper specimens
- Misclassification of goods/services
- Incorrect filing basis
A US trademark attorney ensures your application is compliant from day one.
2. Expert Guidance Through Office Actions
If the USPTO issues an Office Action, your attorney can craft a legally sound response to avoid delays or abandonment. Office Actions often involve legal arguments that require expert handling.
3. Ongoing Support and Monitoring
Trademark registration is just the beginning. Attorneys help with:
- Maintenance filings
- Monitoring for infringing marks
- Enforcement strategies
This protects your brand long-term in the U.S. market.
4. Improved Success Rates
Statistics show that applications filed with attorney assistance have higher approval rates, especially when facing complex refusals or challenges.
Choosing the Right US Trademark Attorney in 2025
When selecting legal representation, ensure that your attorney is:
- Licensed to practice law in the U.S.
- Experienced in USPTO proceedings
- Familiar with your industry and business goals
- Transparent about timelines and pricing
Platforms like IP Bureau offer dedicated legal support for foreign trademark applicants looking to register or defend trademarks in the USA.
