Requirement to be Represented by a U.S.‑Licensed Attorney

licensed attorneyThe USPTO has provided information concerning a new requirement to be represented by a U.S.‑licensed attorney to conduct business before the USPTO.

This new requirement will come into effect on August 3, 2019. It will apply to holders of international registrations only when conducting business directly with the USPTO, such as, for example, when responding to notifications of provisional refusal, both ex‑officio and based on opposition, or when filing Affidavits of Continued use in Commerce directly with the USPTO, at prescribed intervals, after protection has been granted. 

To appoint a U.S.-licensed attorney, an authorized signatory for an applicant may submit the required attorney information using the U.S. serial number or registration number by submitting the appropriate online form at https://teas.uspto.gov/ccr/raa.”

After August 3, 2019, U.S.‑licensed attorneys representing holders of international registrations conducting business directly with the USPTO will be required to provide their name, postal address and email address, a statement attesting to their active membership in good standing of a bar of the highest court of a U.S. state, commonwealth or territory, and information concerning bar membership details.

Users of the Madrid System are not required to be represented by a U.S.‑ licensed attorney when conducting business with the International Bureau of WIPO. Such cases may be, for example, when designating the United States of America, in an international application or subsequent to the international registration, when renewing an international registration or when filing requests for recording in the International Register in respect of this Contracting Party.

Source: WIPO