Application formalities

Requirement for U.S. Counsel — Trademark Office Action Guide

Applicants domiciled outside the United States must be represented by an attorney licensed to practice law in the U.S. before the USPTO.

What the USPTO is saying

Because you are domiciled outside the United States, you must appoint a U.S.-licensed attorney to prosecute this application. The current correspondence may not comply with this requirement.

Why this issue is raised

Since 2019, the USPTO requires foreign-domiciled applicants to use U.S. counsel to ensure proper communication and compliance with U.S. trademark law.

How applicants typically overcome it

  • Appoint a U.S.-licensed attorney and have them enter appearance through the USPTO system.
  • Update correspondence to route through appointed counsel.
  • Ensure all future responses are filed by or through U.S.-licensed counsel.

Related Office Action issues

Frequently asked questions

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