Can I Self File with the USPTO If I Am a Foreign Applicant?

As of August 3, 2019, the United States Patent and Trademark Office “USPTO” has added new laws pertaining to foreign domiciled trademark applicants, registrants, and parties. The rule states that any trademark filer that is domiciled abroad must appoint and be represented before the USPTO by an attorney who is licensed to practice law in the United States. This includes filings for the Trademark Electronic Application System Plus “TEAS” application form and all application-related and registration related TEAS submissions.

What is a Foreign-Domicile?

A foreign domiciled registrant, applicant or party that does not live in the United States or any of it territories, is considered a foreigner for the purposes of this new rule. An individual’s domicile is the place in which that person resides and where they intend to have their principle home. For business entities, the domicile is based on the location of its headquarters, or its principle place of business where the entity’s senior officers or executives ordinarily direct and control activities.

What if I Submitted My Application Before the New Rule Became Effective?

If you’ve filed your application with the USPTO before the effective date of August 3, 2019, and the submission is otherwise acceptable, then the submission will be accepted. However, if the USPTO issues an office action on or before August 3, 2019, you will then need to appoint an attorney to respond or otherwise correspond with the USPTO on your behalf.

EPGD Business Law is located in beautiful Coral Gables. Call us at (786) 837-6787, or contact us through the website to schedule a consultation.

*Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns. Contacting us through our website does not establish an attorney-client relationship.*

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Eric Gros-Dubois

Founding partner Eric Gros-Dubois established EPGD Business Law in 2013. With over a decade of experience expanding the firm and leading it to its current success, Eric now primarily manages the corporate division of EPGD. Given Eric’s educational background, holding both a JD and MBA, combined with his own unique experience of starting a business from scratch and growing it to a multi-million dollar firm, he brings a specialized and invaluable perspective to those seeking legal assistance for themselves and their businesses. Having now instilled his same values in our team of skilled corporate associates, Eric leads a firm that is always ready, willing, and equipped to handle any and every legal matter that a business owner may have.


*The following comments are not intended to be treated as legal advice. The answer to your question is limited to the basic facts presented. Additional details may heavily alter our assessment and change the answer provided. For a more thorough review of your question please contact our office for a consultation.

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