Request USPTO Investigation and Action Regarding Trademark Scams

Dear Commissioner Cohn and Chairman Tepper, We write to request that the USPTO, with assistance from the Trademark Public Advisory Committee (“TPAC”), renew and strengthen efforts to combat the ongoing epidemic of trademark related scams targeting trademark applicants and registrants. As you are no doubt aware, several entities with names like United States Trademark Registration Office; World Intellectual Property Database; GBO INC., Trademark and Patent Dep.; and USA TradeMark Ent., INC. use the contact information available in the USPTO’s database to mail and email solicitations to trademark applicants, including those represented by counsel. The solicitations often include offers for listing marks in registries that are of no value to the trademark owner, if they exist at all. The solicitors use a combination of names, language, and letterhead that clearly attempt to mimic official government correspondence. These solicitations lack any true value, confuse those who receive them, collect money in return for a service of little or no benefit, and damage the integrity of the trademark registration system. Others have had some success taking steps to limit these practices. For example, in 2009 the Attorney General of Florida successfully brought a case against Federal Institute for Patent and Trademark Registry for violation of the state’s Deceptive and Unfair Trade Practices Act. More recently, the law firm of Leason Ellis has filed suit in the U.S. District Court for the Southern District of New York against U.S. Trademark Enterprises alleging federal false advertising and state unfair competition torts (see http://bit.ly/ymjXya). However, we believe that more must be done to protect users of the trademark system from these deceptive practices. Therefore, we urge the USPTO to: a) coordinate with the Commissioner for Trademarks, the Federal Trade Commission, state agencies, law enforcement, and others with jurisdiction over the subject matter to investigate issues of false advertising, impersonating a government agency, and/or charging money for services of no value; b) create additional warnings and educational content for trademark applicants and registrants regarding these issues; and c) take any other actions possible to limit the damage caused by these scams. Thank you in advance for your attention to this matter. Sincerely, Erik M. Pelton (author)

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