Can trademarks be filed on behalf of foreign-domiciled trademark applicants?

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Written by Tomas Orsula

Senior Trademark Attorney

Trademark applications can be filed on behalf of foreign applicants, and this is even a requirement in some jurisdictions, like the US. How it works is the representative handles the application process, but doesn’t acquire ownership rights over your mark.

Most jurisdictions require foreign applicants to appoint a local representative. In the US, this must be a licensed US attorney. In the EU, the representative must be authorized to practice before the EUIPO. Requirements differ from country to country, but the principle stays the same—the foreign applicant owns the mark, the representative manages the filing.

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