Yes, if the applicant, registrant or party:

• Does not have a primary residence in the United States or its territories.

• Does not have a primary place of business (headquarter) located in the United States (or territories).

No, if the applicant, registrant or party:

• Has their primary residence (domicile) is in the United States (or its territories).

• Has their primary place of business (headquarter) is in the United States (or its territories).

Also: Only attorneys who are active members, in good standing with the bar of the highest court in any U.S. state or territory, are authorized to represent you in trademark applications, registrations, or TTAB proceedings at the USPTO.

There are many important reasons why hiring a U.S. attorney is a smart move when filing a trademark application. Attorneys can:

• Provide crucial pre-filing trademark searches to determine if there is competition or likely opposition for your preferred mark.

• Prepare the filing application with complete and accurate information.

• Help you strategically choose the most appropriate trademark classes that identify your current and future, goods and services.

• They will help you select and format the most appropriate specimen for submission to the USPTO.

• Help address any questions or concerns the USPTO examination attorney may have about your application which could lead to a refusal. If those issues are left unresolved, your application will be declared abandoned.

• Once registered, your attorney can help monitor and maintain your trademark registration. Even after your trademark is registered, additional care and filings are required to ensure it remains active/live and properly maintained.

• Attorneys can help protect your trademark from others who may infringe upon your mark. If left unchecked, the infringer may jeopardize your brand and cause confusion in the marketplace.

A trademark specimen is a real-world example of how your trademark is used in commerce to identify and distinguish your goods or services from others.  The specimen must demonstrate the actual use of the trademark on goods or services and cannot be a mock-up or decorative use. Selecting the appropriate specimen is a crucial part of the trademark registration process.

For goods, a specimen could be a label, packaging, or a product itself displaying the trademark. For services, it might include advertising materials, brochures, or website screenshots showing the trademark in connection with the offered services.

Submitting an appropriate specimen is essential to prove that the trademark is actively used in the market, which helps establish the trademark's validity and enforceability. If the USPTO rejects your chosen specimen, you may need to submit a new one.

The time it takes to receive a trademark can vary widely, but generally, the process can take anywhere from several months to a few years. Here’s a breakdown of the typical timeline:

1. Application Preparation: This stage involves gathering information and preparing the application, which can take a few days to a few weeks, depending on the complexity.

2. Filing with the USPTO: Once filed, the application is assigned to a trademark examining attorney. This initial review can take about 3 to 6 months.

3. Examination: The examining attorney will review the application for compliance with trademark laws. If there are issues, they may issue an Office Action requiring responses, which can extend the timeline.

4. Publication: If approved, the trademark is published in the Official Gazette for opposition. This gives third parties 30 days to oppose the registration. If no opposition occurs, the trademark proceeds to registration.

5. Registration: If everything goes smoothly, it typically takes around 6 to 12 months from the publication date to receive the registration certificate.

Overall, a straightforward application may take around 8 to 12 months, while more complex cases or those with opposition can take significantly longer. It's essential to be prepared for potential delays.

Yes, scammers often target individuals and businesses involved in trademark filings.  Trademark filings are viewable by anyone and make it easy for scammers to send letters and emails which are misleading and often seek money. These scams can take various forms, including:

1. Fake Law Firms: There are many companies that offer to register or assist you with your trademark for “low cost” however, they are usually scammers. Other legal service providers offer low prices but only for part of the registration process.  If the USPTO examining attorney has issues with your application, you will either must fix it on your own or paying the firm an exorbitant amount to try and resolve it.

   • It’s important to know: Only an attorney who is an active member in good standing of the bar of the highest court in any U.S. state or territory is authorized to represent you in trademark applications, registrations, or proceedings before the Trademark Trial and Appeal Board at the USPTO.

2. Fake Invoices: Scammers may send misleading invoices claiming that the filer owes additional fees for trademark maintenance or renewal, often using official-looking documents to create a sense of legitimacy.

3. Solicitation for Services: Some companies may contact trademark owners, offering "registration" or "monitoring" services that are unnecessary or overpriced, misleading them into thinking they need these services to maintain their trademark rights.

4. Threatening Letters: Some scammers might send letters claiming that the trademark is at risk or that it has been challenged, attempting to induce fear and prompt immediate action or payment.

5. Pretending to be from USPTO: Other scammers send letters or emails pretending to be from the United States Patent and Trademark Office (USPTO). They may claim there is a problem with your filing, they may seek money for additional “fees” or for you to provide personal information.

6. Unsolicited Registrations: Some entities may attempt to register similar trademarks on behalf of the trademark owner, often without their consent, hoping to later sell the registration or demand fees.

To protect yourself, it’s essential to verify any communication you receive regarding your trademark with us. Always cross-check with official sources, like the USPTO, and consult with us if you’re unsure about any correspondence. The USPTO website offers more information about scammers and can be found here and here.