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September 5th, 2017
Beware of Trademark Solicitation Scams
Trademark solicitation scams are on the rise. If you receive correspondence about your trademarks from someone other than your trademark attorneys — correspondence that looks like an invoice or an offer for trademark services — it may not be legitimate. Here's a summary of what the scams look like and what you should do about them.
The Trademark Scam.
Fraudulent third parties continue to mislead trademark owners by using official-sounding names such as "Patent & Trademark Office" and "Trademark and Patent Office." For example, on August 21, 2017, three individuals behind the companies "Trademark Compliance Center" and "Trademark Compliance Office" were sentenced to prison after being convicted of money laundering in a trademark renewal scam that defrauded over 4,400 trademark owners of $1.66 million.
The scam works like this: armed with publicly available contact information and trademark details extracted from the USPTO database, third parties send targeted notices to trademark owners requesting payment to "publish," "register," or "record" trademarks or to provide "renewal services." The services offered are often overpriced, unreliable, and possibly duplicative of work already performed by trademark counsel. Some services, such as offers to list a trademark on a "private registry," are simply unnecessary. Other notices appear to be past due invoices. Once trademark owners send payment to these third parties, they are often left without recourse, regardless of whether they receive inferior service or no service at all.
All legitimate USPTO correspondence regarding your trademark application or registration will be from the "United States Patent and Trademark Office" in Alexandria, Virginia, or, if sent by email, from an address ending in "@uspto.gov." For additional information, including a list of known scammers and sample solicitations, check out the USPTO's website.
What to Do If You Receive a Scam Solicitation.
If you receive correspondence regarding your trademark and are uncertain about its validity, retain the solicitation and the envelope. These documents can help support a consumer complaint with the Federal Trade Commission should you choose to file one. Talk to your trademark counsel for advice on how to avoid payment of unnecessary fees and to ensure that no action has been taken that could harm your trademark.
If you have questions about third party solicitations, or about any other trademark registration and brand management matters, please contact Catherine Farrelly at (212) 826 5579 or email@example.com, Danielle Maggiacomo at (212) 705 4829 or firstname.lastname@example.org, or any other member of the Frankfurt Kurnit Trademark & Brand Management Group.
Other Intellectual Property Law Alerts
Boston Restaurant Could Not Enforce Geographically Descriptive Trademark Against Celebrity Chef
In a closely watched trademark battle with implications for food, beverage and other industries, a federal court has found for celebrity chef and television personality Christopher Kimball and his new media company, CHRISTOPHER KIMBALL'S MILK STREET. An allegedly competing business, MILK STREET CAFÉ, had sued CHRISTOPHER KIMBALL'S MILK STREET, arguing that Kimball's use of CHRISTOPHER KIMBALL'S MILK STREET was likely to cause confusion with MILK STREET CAFÉ.
August 30 2017
Supreme Court Strikes Down Lanham Act Prohibition on Registration of Disparaging Trademarks
On June 19, 2017, the Supreme Court unanimously ruled in Matal v. Tam that Section 2(a) of the Lanham Act, which prohibits the federal registration of disparaging trademarks, is unconstitutional because it violates "a bedrock First Amendment principle: Speech may not be banned on the ground that it expresses ideas that offend."
June 20 2017
#Covfefe: Trending - But Can You Register It As a Trademark?
President Trump recently tweeted, without context, "Despite the constant negative press covfefe". Within minutes, the Internet was ablaze with commentary, speculation, and humor regarding the newly invented term.
June 9 2017