My attorney can’t file my trademark in the US! What now?

You just need to find a US attorney who can file the trademark for you. If you live in the US that shouldn’t be difficult. What if you live in another country?

In the past, foreign attorneys could file trademarks for their clients in the US, but as of August 3, 2019, they have to find a US attorney to file trademarks in the US. Why did the USPTO decide to require a US attorney for US filings?

Per the USPTO website,

“The rule is intended to:

Increase USPTO customer compliance with U.S. trademark law and USPTO regulations.

Improve the accuracy of trademark submissions to the USPTO.

Safeguard the integrity of the U.S. trademark register.”

And apparently there have been some issues!

“A significant number of trademark offices around the world require foreign-domiciled applicants and registrants to obtain local counsel as a condition for filing papers with those trademark offices. In order to ameliorate the abuse of the U.S. trademark registration system, we are now requiring U.S. counsel representation as a condition for foreign-domiciled applicants, registrants, and parties to file papers with the USPTO, as well.”

At Gearhart Law we file trademarks for clients from around the world. We have relationships with IP attorneys in other countries, and we facilitate foreign trademark filings through them for our clients. We also handle US trademark filings for business owners across the globe, either working with them directly or working through their attorneys.

If you think you’re going to conduct business overseas, it’s a good idea to protect your trademark. For more information, please see the trademark section of our website at

https://gearhartstg.wpenginepowered.com/patents-trademarks-copyrights/ or call us at 908-273-0700.

About the Author

Richard Gearhart, Esq. is the founder of Gearhart Law and the host of a weekly radio show for entrepreneurs called “Passage to Profit”. He has built a firm with an international presence that helps entrepreneurs from around the world with their patent, trademark and copyright needs. Richard commands a breadth of experience that comes from nearly 30 years of practice in the writing and prosecution of hundreds of patents, and in all aspects of Intellectual Property law. In 2022, Richard was recognized by ROI New Jersey as a 2022 ROI Influencer in the Law List category for being one of the best of the best in New Jersey for intellectual property law. Gearhart Law emerged from Richard’s passion for entrepreneurship and startups and his belief that entrepreneurship grows the economy and creates jobs. When we started Gearhart Law, our goal was to help and support the new business ventures of 500 entrepreneurs and inventors. After 12 years, the firm has far surpassed this goal; today, we look forward to helping even more inventors and entrepreneurs get off to a great start and reach their own goals.