Paper and electronic 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:*
- 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.
- Information concerning their bar membership (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 new rule?
If you filed your client’s submission with the USPTO without your bar information before the effective date of this new rule, we will generally accept that submission. You will be required to provide this information in submissions after the effective date of this rule.
Beware of foreign solicitations asking to use your information
We discovered that U.S.-licensed attorneys are receiving emails offering to pay to use their attorney identification information in trademark filings. These solicitations appear to be an attempt to circumvent our upcoming new rule requiring U.S. counsel representation at the USPTO.
Agreeing to such arrangements would likely be aiding the unauthorized practice of law and would 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 could 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 could 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 disciplined by their state bar.
If you receive solicitations asking to use your attorney identification information, please forward them to TMFeedback@uspto.gov.