How to Apostille a Trademark or Patent Document

How to apostille a Trademark or Patent?

To use a U.S. trademark or patent document in another country, you usually need a certified copy of the record and an apostille. A federal record from the U.S. Patent and Trademark Office (USPTO) is apostilled by the U.S. Department of State. An Oregon state trademark registration is apostilled by the Oregon Secretary of State.

When you need one

  • Registering or enforcing a brand in a foreign country
  • Licensing or selling a patent or trademark abroad
  • Proving ownership in a foreign lawsuit or customs case
  • Assigning rights to a foreign company

Federal (USPTO) trademarks and patents

  1. Order a certified copy of the registration, patent or file history from the USPTO.
  2. Check the certification is signed by a USPTO official.
  3. Send it to the U.S. Department of State Office of Authentications for the apostille, or for an authentication if the country is not in the Hague Apostille Convention.
  4. Legalize at the embassy if the country requires it.

Oregon state trademarks

A trademark registered with the State of Oregon is a state record. Order a certified copy from the Oregon Secretary of State Corporation Division, then request the apostille from the same office. The state fee is $10 per apostille.

Assignments, powers of attorney and declarations

Documents you sign yourself, such as an assignment of rights or a power of attorney for a foreign trademark agent, are notarized first. An Oregon notarization is then apostilled by the Oregon Secretary of State. Pac Signing can notarize these the same day.

Common mistakes

  • Sending a printout from the USPTO website instead of a certified copy
  • Sending a federal document to the state, or a state document to the U.S. Department of State
  • Forgetting that some countries also want a translation

FAQ

Can Oregon apostille a USPTO trademark?

No. USPTO records are federal, so the U.S. Department of State issues the apostille.

Do I need a notary for a trademark apostille?

Not for a USPTO certified copy. You do need a notary for documents you sign, such as an assignment or a power of attorney.

How long does it take?

It depends on the USPTO and the U.S. Department of State. Order certified copies early.

Related: who issues apostilles in the U.S. and apostille for a certificate of incorporation.

Need help? Request an apostille quote or call (971) 394-4152. Office notarization is $10 per signature in Hillsboro, Beaverton, Lake Oswego and Vancouver, WA.

Official sources: Oregon Secretary of State: Authenticating Documents FAQ and U.S. Department of State: Authenticate Your Document.