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Trademark FAQ

Should I have an attorney?

It depends on the location of your domicile, specifically, the place you reside and intend to be your principal home or principal place of business (an entity’s headquarters).

  • Yes, if you are a foreign-domiciled trademark applicant. You must be represented at the USPTO by an attorney who is licensed to practice law in the United States.
  • No, if you are a trademark applicant domiciled in the United States or its territories. Nevertheless, we strongly encourage you to hire a U.S.-licensed attorney who specializes in trademark law to guide you through the registration process.

For more information, see the August 3, 2019 USPTO trademark rules change.

Most applicants use U.S.-licensed trademark attorneys for legal advice regarding the use of their trademark, filing an application, and the likelihood of success in the registration process, since not all applications proceed to registration. A U.S.-licensed private trademark attorney (not associated with the USPTO) may help you avoid many potential pitfalls.

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