Fraud Risks for Foreign Filers: Ghost Filings, Credential Misuse, and USPTO Sanctions

October 7, 2026

The U.S. counsel rule (37 CFR § 2.11) was meant to improve accuracy on the trademark register. It also created a market for shortcuts. The USPTO has publicly warned about foreign filing firms improperly soliciting U.S.-licensed attorneys to lend their credentials. Brand owners who unknowingly use these services can be the ones who lose out.

What the USPTO Has Warned About

According to the USPTO's guidance on improper soliciting of attorney sponsorship, schemes typically involve:

• paying U.S.-licensed attorneys to use their name and bar registration details in filings where the attorney has minimal, if any, participation;
• paying attorneys to sponsor and verify USPTO.gov legal support staff accounts for people the attorney doesn't employ or supervise; and
• using an attorney's information without the attorney's knowledge or permission.

The USPTO describes these as attempts to get around the U.S. counsel requirement and mandatory identity verification for USPTO.gov accounts. It states that foreign filers, filing firms, and U.S. attorneys involved may face an administrative sanctions process.

Why It Matters to the Brand Owner

A brand owner may never know that its "U.S. attorney" never saw the file. The consequences can still land on the owner: filings tied to improper submissions may be subject to sanctions, and the owner may have to start over, losing time and possibly priority. A filing nobody reviewed is also more likely to contain errors in the owner's name, domicile, goods and services, or specimens.

Warning Signs

• You never communicate with the U.S. attorney named on your application.
• The attorney's name appears on large numbers of filings unrelated to any recognizable practice.
• The provider asks you to sign declarations you haven't read, or provides a specimen it created for you.
• Your correspondence email on the USPTO record belongs to the provider, not to you or your counsel.

How to Check Your Own File

Every application and registration can be looked up in the USPTO's public records. Check the attorney of record, the correspondence email, the owner name and domicile, and the documents filed. If anything is unfamiliar, ask the named attorney directly. The USPTO page above lists contact points for reporting suspected misuse.

What Legitimate U.S. Counsel Looks Like

Real representation means the U.S. attorney reviews the facts, the specimens, and the declarations, and stays responsible for what is filed. Foreign law firms can and do work with U.S. associates legitimately, with the U.S. attorney doing the work and signing the filings. See how we handle that on our page for foreign law firms and associate counsel, and our guide to working with U.S. associate counsel.

This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Every situation depends on its own facts, and no particular outcome can be guaranteed. Laws and government fees change; confirm current requirements before acting.