VIRGINIA UPL OPINION 143


Patent Agents Admitted After January 1, 1957, Practicing Trademark Law.

Practice by nonlawyers before administrative agencies is governed by UPR 9-101 and UPR 9-102, which require that such practice is permissible only as permitted by the rules of the agency. Nonlawyers who were recognized to practice after January 1, 1957, as patent agents before the Office of Enrollment and Discipline of the U.S. Patent and Trademark Office are precluded by the regulation of that Office from also practicing in trademark and other non-patent cases. 37 CFR 10.14(b). Since the agency rules specifically preclude trademark practice by those individuals, such practice would constitute the unauthorized practice of law if conducted in Virginia.

The mere completion of papers relating to trademarks and the forwarding of such papers to the Patent and Trademark Office which is located within Virginia, by an individual located outside Virginia, would not constitute unauthorized practice in Virginia.

Committee Opinion
February 1, 1991
Revised April 19, 1991
Updated: Aug 28, 2006