Do I Need To Be A US Citizen To File A Federal Trademark With The USPTO?
No. An applicant located outside of the United States may file for a United States trademark registration on the same basis as a US citizen or US business.
US Trademark Attorney Required To File Trademark-Related Submissions
However, if you are foreign-domiciled, you are required to use a US trademark attorney to file your trademark-related submissions with the USPTO. This requirement also applies to all Canadian applicants, registrants, and parties.
US Trademark Attorney Required In TTAB Proceedings
Further, Foreign-domiciled trademark applicants, registrants, and parties to Trademark Trial and Appeal Board proceedings, including Canadian trademark filers, must appoint and be represented before the United States Patent and Trademark Office (USPTO) by a US trademark attorney.
What Does Foreign-Domiciled Mean?
A foreign-domiciled trademark applicant, registrant, or party is one who does not have a domicile in the United States or its territories.
An individual’s domicile is the place the person resides and intends to be the person’s principal home. An entity’s domicile is its principal place of business (headquarters) where the entity’s senior executives or officers ordinarily direct and control the entity’s activities.
