Partner
Here’s What Happened:
Since August 2019, foreign domiciled trademark applicants and registrants must be represented by a qualified US licensed attorney. Qualified means the attorneys are active members in good standing of the highest court in a US state or jurisdiction. The reason for the rule is simple. Individual attorneys who are not licensed to practice law in the United States cannot give advice regarding, or perform services related to, trademark applications or registrations.
On August 6, 2025, the USPTO issued sanctions against Shenzhen Chenhaiyun Tech. Co., Ltd. subsidiaries Shenzhen Seller Growth Network Tech. Co., Ltd., Shenzhen Qianhai Bishengdao Network Tech. Co., Ltd., and Shenzhen Qianhai Be-Victory Network Tech. Co., Ltd., and Chenhai Cloud IIPTO and their various corporate officers (“Respondents”). The sanctions resulted in the termination of over 52,000 applications and registrations connected with the Respondents.
The USPTO determined that the Respondents submitted documents to the USPTO on behalf of others in violation of USPTO rules. To conceal their violations of the USPTO’s rules, they:
- Sought out the cooperation of US-licensed attorneys and then misused their credentials and faked their electronic signatures;
- Repeatedly signed documents using other people’s names;
- Submitted fake specimens of use; and
- Misused USPTO.gov accounts.
The Respondents argued that their unauthorized practice of law was a misunderstanding or mistake because they did not understand the law. As in all contexts, ignorance of the law is no excuse.
According to the USPTO, “[b]y removing these records from the trademark register, the USPTO is helping ensure the register accurately reflects trademarks that are actually being used in commerce.”
WHY YOU SHOULD KNOW THIS: As of first quarter of 2025, there were over 3.3 million active trademark registrations in the US. The USPTO has the sometimes-daunting task of making sure that every trademark registration complies with US trademark law. Attorneys who represent trademark applicants and registrants are necessary partners for the USPTO’s mission of trademark integrity. Anyone seeking help with trademarks should be cautious about relying on someone they may not know. The consequences of improper vetting could be the loss of the trademark.
Note that applicants and registrants may handle their own trademarks before the USPTO.
Cited Authority: 37 C.F.R. §2.11