Re: BECOMING A TRADEMARK AGENT BEFORE USPTO

More | Report Post

TMEP 602 deals who can practice before the USPTO in trademark
matters there is an exception for foriegn agents that you may wish
to explore.
http://www.uspto.gov/go/tmep/0600.htm#_Toc536181096

This is a quote from the relevant section
Foreign Attorneys

Under 37 C.F.R. §10.14(c), a foreign attorney who is not a resident
of the United States may represent parties located in the country
in which the foreign attorney resides and practices, if (1) he or
she proves to the satisfaction of the Office of Enrollment and
Discipline (OED) that he or she is registered or in good standing
before the patent or trademark office of the country in which he or
she resides and practices; and (2) the patent or trademark office
of that foreign country allows substantially reciprocal privileges
to those permitted to practice before the USPTO. A foreign
attorney who meets the requirements of 37 C.F.R. §10.14(c) can only
represent parties located in the country in which the foreign
attorney resides and practices. The foreign attorney cannot
represent parties located in the United States or other foreign
countries.

Currently, Canadian attorneys are the only foreign attorneys
recognized as meeting the qualification criteria of 37 C.F.R. §10.14
(c). OED maintains a list of attorneys who are registered or in
good standing with the Canadian Intellectual Property Office, which
is available to USPTO employees through the Office’s internal
computer network. When a Canadian attorney represents a party in a
proceeding in the USPTO, the examining attorney should verify that
the attorney is in fact recognized by the Director of OED.

An attorney who resides and practices in a foreign country other
than Canada and who is not a member in good standing of the bar of
a United States court or the highest court of any State may not
practice before the USPTO. Any such attorney who wishes to
represent an applicant in a trademark matter must file a written
request to do so with OED. This request should include proof that
the attorney is in good standing with the foreign patent or
trademark office, and that the foreign patent or trademark office
provides substantially reciprocal rights to United States attorneys.

On 4/27/03, HS wrote:
> You *do* have to appear before the USPTO on trademark matters.
> You do not have to be a lawyer to appear before the USPTO on
> patent matters. You can sit for the Patent Bar with a technical
> degree, regardless of having attended law school.
>
>
> On 2/12/03, Mr. Small wrote:
>> On 2/05/03, Mi wrote:
>>> On 12/07/02, Hd wrote:
>>>> How do I become a trademark agent before USPTO?
>>>> Where do I take necessary training and education?
>>>> I have been involved for many years in IP law in my country
>>>> and recently relocated in the US; I have plenty knowledge
>>>> of international trademark procedures...
>>>>
>>>> I'd appreciate your help!
>>>
>>> Hi,
>>> You have to be an attorney to practice before the USPTO,
>>> unless you are appearing pro se (prosecuting your own
>>> application).
>>
>> No, you don't have to be a lawyer to be an agent, only to be a
>> Patent Attorney. You can still take the Patent Bar w/out
>> being a lawyer...if you pass you become a Patent Agent.

Re: BECOMING A TRADEMARK AGENT BEFORE USPTO, 8/12/03, by Dan.

Intellectual Property Law Chatboard

LATEST POSTS | BY TOPICS | SUBMIT A POST