TradeMark Express: I.P. Scams Cont’d….TRADEMARK (not exactly) APEX – “We’re located in San Franco.” EMAIL SCAM
There is a proliferation of new email trademark scams. Here’s a new one which 2 of our clients sent us last week – TRADEMARK APEX.Just 40 miles away in San Francisco, I went there. Of course. Why not?
But, guess what? No one was home. The neighbor laughed. She said her neighbors definitely aren’t doing trademarks. No one named Sean O’Dell. For “security” I Face Timed my kids while I rang the bell. They said I was an idiot… My Daughter offered me a Warriors ticket to leave.
Here’s the Trademark Apex office at 2951 Harrison Street, San Francisco, CA 94110.
https://www.google.com/search?q=2951+Harrison+St%2C+San+Francisco%2C+CA+94110&oq=2951+Harrison+St%2C+San+Francisco%2C+CA+94110&gs_lcrp=EgZjaHJvbWUyBggAEEUYOdIBBzg3OGowajeoAgCwAgA&sourceid=chrome&ie=UTF-8
A few days later I hit the phone. Attorney Sean O’Dell wasn’t in. In fact I had to ask 4x times because Bryan had no idea who Sean O’Dell was. Exasperated from that exchange, and the strong Pakistani accent, I asked, which country were they located. Bryan said “San Franco”. I said, “Do you mean San Francisco?”, (the address on the letter)? Bryan then correctly pronounced the name – “San Francisco”. When asked about their office in the City, it was Bryan’s turn to be exasperated. He hung up. I called back. No answer.
The next day, another man with a Pakistani accent called, from the same phone #. He said his name was “Jennifer”. He asked “what are you doing?”, then hung up. Calling back I got, A) the same guy. Are you “Jennifer”? He replied, Yeah, yeah, yeah”. Then hung up. B) voice mail, C & D) a “# you requested cannot be dialed” recording.
I like competitive checks where we never even get to a point where the word TRADEMARK comes up.
Here’s the email letter that started all this nonsense.
BTW our client has had Federal trademark rights since 2016.
There is no threat from any new business start-up to take their name.
From: sean@trademarkapex.com
Date: March 6, 2024 at XXXXX:00 AM EST
Subject: Urgent: Your Confirmation Needed for Trademark Registration of Business Name
Dear xxxxxxxxx,
Trust this correspondence finds you in good health.
This serves as our conclusive attempt to communicate with you regarding the formal registration of the business name “XXXXX” Failure to receive your confirmation for registration by the end of today will necessitate our progression with an alternative applicant by tomorrow, potentially resulting in the forfeiture of your entitlement to utilize the business name “XXXXX“
In adherence to our meticulous trademark registration procedures, we conduct comprehensive assessments on search engines and social media platforms to ascertain the distinctiveness of the brand name. Absent confirmation from the current user within the specified 24 to 48 business hours, we will proceed with the interested party’s registration.
Trademark conflict constitutes a breach of civil laws, with potential repercussions involving court-ordered cessation of trademark usage. Furthermore, financial restitution may be mandated, encompassing the surrender of profits derived from the infringing use or payment of monetary damages. The penalties for trademark infringement may include injunctive relief or the issuance of a cease-and-desist directive.
Recognizing your historical utilization of the brand for an extended period, we acknowledge the possibility of exercising discretion in refraining from legal proceedings with the alternate party, particularly if they represent a startup entity. If your intention is to assert ownership of the business name “XXXXX,” a swift response is imperative to facilitate guidance through the registration process.
Your immediate attention to this matter is appreciated, and we anticipate your expeditious response.
Sean O’Dell
Sr. Intellectual Property Attorney
Phone : + 1 (929) 395-0040
Address: 2951 Harrison St, San Francisco, CA 94110
Website: www. Trademarkapex.com
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Thank you, Chris 650-948-0530
Email – staff@tmexpress.com
Zoom Anytime – https://bit.ly/TradeMarkZoomMeeting
Calendly Meeting – https://calendly.com/tmexpress/15min
Crash Course Trademark Video – https://www.youtube.com/watch?v=3gWaAJR5L18