Trademark submissions* made after the effective date of this rule will require U.S.-licensed attorneys representing applicants, registrants, or parties to provide all of the following:
- 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
- Attorney bar membership information (state, number if applicable, and year of admission).**
*Electronic submissions are filed online through TEAS.
**Attorney bar information will not be made publicly available.
What if my submission predates this rule?
If you filed your client’s submission with the USPTO without your bar information before the effective date of this rule, we will generally accept that submission. You will be required to provide this information in electronic submissions filed after August 3, 2019. Failure to include bar information in paper submissions filed after August 3, 2019 may result in an office action requiring this information.
Attorneys, beware of foreign solicitations asking to use your information
The USPTO has learned that U.S.-licensed attorneys are receiving emails offering to pay for the use of their attorney identification information in trademark filings. These solicitations appear to be an attempt to circumvent our rule requiring U.S. counsel representation at the USPTO.
Agreeing to such arrangements could be aiding the unauthorized practice of law and could violate our rules, including the Rules of Professional Conduct, 37 C.F.R. Part 11. Under our rules, attorneys must:
- Conduct a reasonable inquiry, before submitting any filing, to determine that the filing is not being presented for any improper purpose and that the facts have evidentiary support.
- Personally sign filings and correspondence.
Sanctions for violating these rules may include striking the filing, terminating the proceedings, and referring the attorney to the USPTO's Office of Enrollment and Discipline (OED) for appropriate action. In addition, attorneys may be disciplined for such violations, including exclusion or suspension from practice before the USPTO, reprimand, censure, or probation. Attorneys disciplined by the USPTO also may be subject to discipline by their state bar.
If you receive any solicitation requesting use of your attorney identification information with respect to trademark matters, please forward it to TMFeedback@uspto.gov.