The USPTO demands all trademark and patent applications and all subsequent submissions to be signed either by the actual owner or their representing attorney. Today, the USPTO sent a press release. See below.
IF you have ever filed or had someone else file your trademark (or patent), then your mark is at great risk of termination. Contact us and we’ll help sort through your situation.
When I met with USPTO Commissioner David Gooder, at his office in Alexandria on May 13, he said they were actively identifying all sorts of trademark services who forge their client names.
This is NOT a matter of permission. It is a matter of KEY STROKES. The true owner, or registered USA based trademark attorney MUST be the signer of all USPTO submissions.
Otherwise, as the USPTO wrote in their press release, below, it is a “violation of the duty of candor and good faith”, later citing “obligation” and “fraud”. Forging a signature can earn 2 years jail time and $10,000 fine.
Trademarks scams concern us at Trademark Express. They hurt small businesses, by confusing the marketplace with misinformation about comprehensive clearance research. They file hundreds of trademark applications every day without the foundation of TRUE research. Some are done by DABBLING attorneys, who have no business touching your I.P.. See the many articles cited at the end of this email and our Blog Article page at https://tmexpress.com/trademark-blog/.
We know for a fact about 2/3 of our competitors are signing their client’s trademark applications themselves. They are not attorneys. They are all at the low-price end of the spectrum. Most are out right scams from other countries. They compete on price and feed off the ignorance people assume about trademarks being so easy. No. Most will send TONS of unsolicited emails. Many are at the top of the Internet. Some are USA based services found at the top of the internet at incredibly low fees, like $49 to $300.
Remember trademark take about 10 hours of work. Database costs are ~$150 per mark. An experienced attorney is needed for analysis of both the trademark and common law research reports, as well as to handle legal issues and questions which arise.
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Here’s today’s October 2, 2024 USPTO press release.
NEWS BRIEF
USPTO terminates patent application proceedings for fraudulent use of signature
WASHINGTON, D.C. – Today the U.S. Patent and Trademark Office (USPTO) issued a final order terminating proceedings in roughly 3,100 patent applications for the fraudulent entry of the S-signature of a registered practitioner by someone other than the practitioner.
Under the patent rules (37 CFR 1.4), signatures on papers submitted to the USPTO must be personally inserted by the named signatory, and the USPTO may require evidence of the authenticity of a signature. Submission of papers for any improper purpose, such as to deceive the USPTO or evade the rules, may result in sanctions (37 CFR 11.18).
In October 2022, the USPTO contacted a practitioner whose signature appeared on a large number of micro entity certification forms received by the agency. Upon further investigation, with the cooperation of the practitioner, it was discovered that the signature of the practitioner was being used by another person.
Due to the improper use of a practitioner’s signature, the submission of papers for improper purposes, and the violation of the duty of candor and good faith, the USPTO has issued a final order terminating proceedings in the applications in which this conduct occurred.
“The scale of this fraudulent action is a stark reminder for registered practitioners of their obligations under the USPTO Rules of Practice to take reasonable precautions to protect their credentials and alert the USPTO of any suspected fraud,” states Under Secretary of Commerce for Intellectual Property and Director of the USPTO Kathi Vidal. “Further, it is a warning to applicants to ensure they are working with a licensed representative with authority to practice before the USPTO. Preventing fraud is an all-hands-on-deck initiative—we want all applicants to be educated on the application process, and all practitioners to safeguard their credentials.”
The USPTO, through the Office of Enrollment Discipline, makes available a list of registered practitioners to assist applicants, as well as a list of disciplined practitioners. Additionally, the USPTO provides on its website tips on how to identify and avoid common scams.
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Thank you, Chris DeMassa
TradeMark Express – Since 1992 – Founder – 650-948-0530
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LinkedIn – https://www.linkedin.com/in/chrisdemassa/