AIPLA Comments on Proposed Rulemaking for Requirement of U.S. Licensed Attorney for Foreign Trademark Applicants and Registrants

AIPLA supports the Trademark Office's efforts to ensure an accurate and reliable Trademark Register that minimizes needless costs and burdens on trademark owners who increasingly face the problem of fraudulent filings. AIPLA believes that the USPTO's proposed rule requiring the appointment of U.S. counsel to guide non-U.S. applicants, registrants, and parties in trademark matters is a useful and necessary first step in minimizing problematic filings, but is concerned that it will not fully address the issue. For example, some concern has been raised that implementation of the proposed rule may create an influx of U.S. based "trademark" companies with business models that are based on low fees for high volume and which, perhaps, do not provide adequate legal advice – thereby failing to eliminate the problem of fraudulent filings. Nevertheless, AIPLA supports the proposed rule and expects that it will help to decrease the number of fraudulent filings by foreign applicants, registrants, or parties, and will more easily permit the USPTO to take disciplinary action, as needed, once the party is represented by U.S. counsel.