Melissa Dillenbeck

About Melissa Dillenbeck

Melissa S. Dillenbeck counsels her clients on mission critical marketing practices, focusing on trademark portfolio management, brand selection, and advertising and promotion law. Melissa is co-chair of the firm’s Advertising and Promotions Team. She works with companies in a variety of industries, ranging from consumer products to health care, and helps her clients understand the intersection of branding and modern global commerce.

New US Counsel Rule For Foreign TMs Promises Sea Change

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This month’s dramatic announcement by the U.S. Patent and Trademark Office that all foreign domiciled trademark applicants, registrants and parties to USPTO trademark proceedings will now be required to retain U.S. counsel is expected to result in the most significant practical change to domestic trademark prosecution practice in years.

For casual observers, this new rule — set to be effective on Aug. 3, 2019 — may have arrived as an unexpected, or even shocking, development. After all, with this announcement, literally tens of thousands of active, foreign-domiciled participants in the trademark processes of the USPTO will suddenly now require representation by a U.S. attorney, altering years of common practice.

Moreover, the time from announcement to implementation — only 32 days — is remarkably short for agency action of any kind, let alone a new rule set to transform the role of trademark practitioners in relation to a massive class of new clients.

Read the full article on Law360.