News & Analysis as of

Trademark Application Fraud Trademarks

Neal, Gerber & Eisenberg LLP

USPTO and Trademark Services Fraud Schemes

Scammers know no bounds, including in the world of trademarks. NGE has noted a recent uptick in fraudulent e-mails, calls, and texts directed at trademark applicants and registrants. These scammers typically use information...more

Lewis Roca

New Trademark Scam

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Over the years many clients have forwarded to us scam trademark mailings. These mailings come from various official-sounding sources, all of which seek money to allegedly take action regarding the client’s trademarks....more

Moritt Hock & Hamroff LLP

Beware: Scams Targeting U.S. Trademark Applicants and Owners Are Increasingly Persuasive

One recent victim of scams preying on U.S. trademark filers and registrants answered a call that appeared to be from the United States Patent and Trademark Office (USPTO). It wasn’t. The target of the scam was forced to...more

Erise IP

What’s Trending in Trademarks, January 2024: Travis Kelce’s IP Era, Liquid Death vs. Arnold Palmer, USPTO Scams

Erise IP on

Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Travis...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - No, No, No! How to Avoid Scams and Stay Merry this Holiday Season

Especially during the holi-daze, it can be easy to let our safeguards down and fall prey to scammers looking to make a quick buck. Trademark applicants and registrants interacting with the U.S. Patent and Trademark Office...more

Ladas & Parry LLP

False Declaration of Incontestability Not Enough to Cancel US Trademark Registration

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Great Concepts has owned Registration No. 2929764 for DANTANNA’S, in association with “steak and seafood restaurant[s]”, since March 2005. In 2006 Chutter Inc’s predecessor-in-interest, Dan Tana, petitioned to cancel the mark...more

Vondran Legal

Proper grounds to cancel another companies trademark

Vondran Legal on

In business, trademarks are everything. It's how consumers come to know, love and trust your brand. It's a valuable corporate asset, and many disputes can arise of name rights with the explosion of e-commerce and the...more

Seyfarth Shaw LLP

Federal Circuit Overturns Fifty Years of TTAB Precedent

Seyfarth Shaw LLP on

The Federal Circuit recently released an eye-catching opinion in Great Concepts, LLC v. Chutter, Inc., — F. 4th –, Case No. 2022-1212, 2023 WL 6854647 (Fed. Cir. Oct. 18, 2023). The panel of three judges held, in a...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - October 2023

Thank you for reading the October 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the Federal Circuit’s recent case considering the scope of the USPTO’s authority to cancel registrations...more

AEON Law

Patent Poetry: USPTO Issues New Guide on Trademark Filing Scams

AEON Law on

On August 30, the United States Patent and Trademark Office (USPTO) issued new examination procedures for reviewing domicile addresses for trademark applicants. This step is intended to help combat widespread fraud (and...more

Fox Rothschild LLP

Rise in Trademark Fraud Scams Requires Additional Vigilance By Attorneys and Clients Alike

Fox Rothschild LLP on

A record number of applicants are seeking to protect their trademarks by filing applications with the United States Patent and Trademark Office (USPTO). The problem? The rise in trademark applications has left open the doors...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - February 2023: Another New Fraud Alert From the USPTO

No sooner had we gone to press on our January article on the latest and greatest in trademark scams than the United States Patent and Trademark Office (USPTO) issued a new alert raising awareness of yet another type of scam....more

Dorsey & Whitney LLP

Spooky Season at the USPTO: Trademark Filings from Beyond the Grave Found in a Crackdown Against Fraud

Dorsey & Whitney LLP on

​​​​​​​In a recent Show Cause Order, the United States Patent and Trademark Office took on the ghost of trademark attorneys past or rather it took aim at a scary level of fraud. The USPTO has threatened sanctions against...more

McDermott Will & Emery

The PTO Isn’t Playing Around: More Sanctions for Improper Trademark Filings

McDermott Will & Emery on

The US Patent & Trademark Office (PTO) continues to uphold its promise to combat fraud and “protect the integrity of the U.S. trademark register” with initiatives to investigate and sanction actions before the PTO that appear...more

Holland & Knight LLP

Trademark Office Continues Crack Down on Fraudulent Filers, Sanctions Issued

Holland & Knight LLP on

For many years, companies and individuals filing applications to register trademarks at the U.S. Patent and Trademark Office enjoyed a rather quick examination process. Examining attorneys at the Trademark Office reviewed...more

McDermott Will & Emery

PTO Outlines New Process to Impose Sanctions for Improper Trademark Practices

McDermott Will & Emery on

As part of its initiative to “protect the integrity of the U.S. trademark register,” the US Patent and Trademark Office (PTO) issued a Federal Register notice outlining a new administrative process to address fraudulent or...more

Fitch, Even, Tabin & Flannery LLP

U.S. Department of Commerce Files Federal Trademark Registrations to Combat Scams Against Trademark Applicants

On August 4, 2021, the U.S. Department of Commerce filed applications to register several USPTO trademarks. The applications are part of ongoing efforts by the USPTO to combat frauds committed against trademark owners and...more

Fenwick & West LLP

Trademark Modernization Act: Congress to Combat Fraudulent Trademark Applications

Fenwick & West LLP on

A bipartisan, bicameral group of legislators in the U.S. Congress recently published a draft Trademark Modernization Act to reform the trademark application process and the remedies for trademark infringement. The draft TM...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - June 2020: Trademark Scams - No Method of Communication is Off Limits

The USPTO has been working to combat misleading and fraudulent solicitations sent to federal trademark applicants/registrants and is calling on the public to report and identify these bad actors....more

BakerHostetler

Trademark Fraud Sparks Rare Bipartisan Action

BakerHostetler on

In a political environment in which even a global virus pandemic cannot seem to foster bipartisan legislative cooperation, the growing surge in fraudulent trademark applications – many of which are maturing into issued...more

Burr & Forman

"Trading" on Your Personal Information: Preventing Fraud and Unsolicited Communications Under the New Trademark Requirements

Burr & Forman on

The United States Patent and Trademark Office (“USPTO”) released new examination requirements that went into effect on February 15, 2020. One of the new requirements is to include an email address for the mark’s owner in the...more

Hogan Lovells

USPTO warns attorneys to monitor trademark filings for fraudulent uses of attorney information

Hogan Lovells on

The U.S. Patent and Trademark Office (“USPTO”) recently issued a “Trademark Alert” and corresponding news brief warning attorneys to monitor trademark filings to ensure that their names, signatures, and contact information...more

Dorsey & Whitney LLP

USPTO Announces Rule Requiring Foreign Trademark Owners to Obtain U.S. Counsel

Dorsey & Whitney LLP on

Earlier this year the United States Patent and Trademark Office proposed a rule requiring foreign-domiciled trademark applicants, registrants, and parties to Trademark Trial and Appeal Board Proceedings to be represented by...more

ArentFox Schiff

USPTO Announces New Rule Requiring US-Licensed Attorneys to Represent Foreign Applicants and Registrants

ArentFox Schiff on

In response to the significant increase in fraudulent filings, effective August 3, 2019, all foreign-domiciled applicants, registrants, or parties to trademark proceedings must be represented by a US-licensed attorney....more

Ladas & Parry LLP

TTAB Decision Underscores Difficulty Of Proving Fraud Before The USPTO

Ladas & Parry LLP on

In Tommie Copper IP Inc v Gcool-Tech Usa LLC (Opposition No 91223768 (9 May 2018) [not precedential]), the Trademark Trial and Appeal Board (TTAB) has dismissed an opposition where the applicant did not have use in commerce...more

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