New USPTO Rules For Foreign Applicants Ensure Compliance With U.S. Use Requirements

The impetus for the upcoming August 3, 2019 rule change requiring all foreign-domiciled trademark applicants and registrants to retain licensed counsel in the United States is an increase in foreign trademark applicants acting pro se and who are failing to comply with the rules of the United States Patent and Trademark Office ("USPTO"). Many countries do not require actual use to obtain or maintain a trademark registration, so it is common in many jurisdictions to file a trademark application that covers an incredibly broad scope of goods and services across multiple classes without evidence of any actual use. However, the United States does require evidence of use to obtain and maintain a registration, and many self-represented foreign applicants have struggled with this requirement.