Requirement for Representation Based on Domicile of Mark Owner

37 C.F.R.  Requirement for representation.

(a) An applicant, registrant, or party to a proceeding

whose domicile is not located within the United States or its territories must be

represented by an attorney, as defined in § 11.1 of this chapter, who is qualified to

practice under § 11.14 of this chapter. The Office cannot aid in the selection of an

attorney.

An applicant’s or registrant’s domicile will determine whether

the applicant or registrant is required to be represented before the USPTO by an attorney

who is an active member in good standing of the bar of the highest court of a U.S. state,

Commonwealth, or territory or the District of Columbia (a “qualified U.S. attorney”).

37 C.F.R. §§2.11(a)

,

11.1

,

11.14(e)

;

see

TMEP

§602

.

An applicant or registrant whose domicile is not located

within the United States or its territories must be represented by a qualified U.S.

attorney.

37 C.F.R. §2.11(a)

.

An applicant or registrant whose domicile is located within

the United States or its territories may represent themselves in prosecuting an application

or maintaining a registration or may be represented by a qualified U.S. attorney.

37 C.F.R. §§11.1

,

11.14(e)

.

In the case of joint owners, if any single owner of the

application or registration is domiciled in the United States, the applicants or

registrants are not required to appoint a qualified U.S. attorney unless the U.S. address

appears to be incorrect.

The USPTO cannot aid an applicant or registrant in selecting

a qualified attorney.

37 C.F.R. §2.11(a)

. To

find the names of attorneys who are licensed to practice law in the U.S. and handle

trademark matters, consult telephone listings or the internet, or contact the attorney

referral service of a U.S. state or local bar association (see the American Bar

Association’s Consumers’ Guide to Legal Help). For more information about selecting a

U.S.-licensed trademark attorney, see the USPTO website.