The United States Patent and Trademark Office (USPTO) passed several new rules that became effective in January 2009 relating to filing for trademark or servicemark rights in the United States (U.S.). The amended rules will impact how trademark attorneys may apply for protection of marks used by individuals, entrepreneurs, small business owners, partnerships, joint ventures, foreign and domestic corporations.
Some examples of the requirements of the new rules are illustrated below:
1) All international applications filed under section 1 or 44 of the Trademark Act must be written in English;
2) Domestic Partnerships filing for trademark rights must have the name and citizenship of all general partners;
3) Domestic Joint Ventures filing for trademark rights must have the name and citizenship of all active members of the Joint Venture;
4) If the mark includes a foreign word, then the application must have a English translation for the foreign word; and
5) The application no longer requires a verified statement that the applicant has “adopted and is using the mark shown in the drawing.” Instead a statement that “the mark is in use in commerce” will be sufficient.
There are several other amendments that may be found here: http-wwwagstateilus-pressroom-2009_03-20090305
Should you have any concerns or questions regarding the amendments or filing for trademark or servicemark rights in the U.S., feel free to contact us.