U.S. lawyers: Beware of solicitations asking to use your bar credentials

The USPTO recently learned that U.S. attorneys are again receiving emails from unlicensed individuals offering to pay to use the attorney’s bar credentials in trademark filings. These solicitations are a direct attempt to circumvent the U.S. counsel rule.

Although we believe that only a small percentage of practitioners are engaging in this practice, the USPTO would like to remind U.S. attorneys that such an arrangement would likely be aiding the unauthorized practice of law and also a violation of federal rules, including the USPTO’s Rules of Professional Conduct, 37 C.F.R. Part 11.

Scams can adversely impact the integrity of the trademark register. If you receive a solicitation asking to use your bar credentials, please forward it to TMScams@uspto.gov.   

Trademark rule requiring foreign-domiciled applicants and registrants to have a U.S.-licensed attorney now in effect

If you are a foreign-domiciled trademark applicant, registrant, or party to Trademark Trial and Appeal Board proceedings, in all U.S. trademark matters you must now be represented by an attorney who is licensed to practice law in the United States. This includes Canadian applicants, registrants, and parties.

In addition to this change, U.S.-licensed attorneys representing anyone before the USPTO in trademark matters are now required to confirm they are an active member in good standing of their bar and to provide their bar membership information.

Learn more about this federal trademark law change.

New exam guide on U.S.-licensed attorney requirement

We have a new exam guide, "Requirement of U.S.-Licensed Attorney for Foreign Trademark Applicants and Registrants." It explains examination procedures in light of these new requirements. You can direct questions about the guide to TMPolicy@uspto.gov.

U.S. lawyers: Beware of foreign solicitations asking to use your information

USPTO have learned that U.S. attorneys are receiving emails from people in China and perhaps elsewhere, offering to pay to use their information in trademark filings. These solicitations appear to be an attempt to circumvent the proposed U.S.-counsel rulemaking.

Agreeing to such arrangements would likely be aiding unauthorized practice of law and violating federal rules, including the USPTO Rules of Professional Conduct, 37 C.F.R. Part 11. Attorneys who violate these rules may receive discipline, including exclusion or suspension from practice before the USPTO, reprimand, censure, or probation. Attorneys disciplined by the USPTO may also be reciprocally disciplined by their state bar.    

We'd like to know about these solicitations. If you receive a solicitation asking to use your information, please forward it to TMFeedback@uspto.gov.