Haynes and Boone, LLP Associate Rob LeBlanc talked with Intellectual Property Magazine about the U.S. Patent and Trademark Office’s (USPTO’s) final rule requiring all foreign trademark applicants to be represented by a U.S. attorney.
Here is an excerpt:
Originally proposed in February, the office has issued guidelines that foreign-domiciled trademark applicants, registrants and parties involved in Trademark Trial and Appeal Board proceedings must use an attorney who is licensed to practice law in the country.
Haynes and Boone's Robert LeBlanc commented that "there can be no doubt that the rule change will also substantially increase business for U.S. trademark lawyers. From the USPTO’s (conservative) estimates, nearly $100 million dollars in new prosecution business could be driven to U.S. lawyers annually."
He added that this rule change "brings the U.S. in line with many foreign jurisdictions, including the EU, Japan, and China."
The changes apply to all trademark applicants, registrants, and parties whose permanent legal residence or principal place of business is outside the U.S., including Canadian applicants, registrants, and parties.
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