The US Patent and Trademark Office (USPTO) has dropped guidelines requiring foreign trademark applicants to provide documentation verifying their immigration status.
In July, the USPTO announced new rules, effective August 3, requiring all foreign-domiciled trademark applicants to be represented by an attorney licensed to practice law in the US.
The original guidance issued to trademark examiners prompted concerns that applicants would need to provide proof of legal residency in the US.
''Foreign citizens must comply with US visa immigration laws to claim the US as their permanent legal residence. '' the guidance stated.
One USPTO examiner told Boston-based broadcaster WGBH that the rules in that form would mean that “any immigrant who does not have a green card will likely be unable to obtain a trademark registration, even if they hire an attorney in compliance with the new rule requiring US counsel''.
''Trademark examiners are now required to ask questions about the immigration status of applicants living in the US that have never been asked of applicants before, '' they said.
The USPTO has now issued revised guidance which omits reference to applicants' permanent legal residence status.
Source:Wipr
