Securing a trademark is a crucial step in protecting your brand’s identity and ensuring its longevity. However, the process of obtaining a trademark can be complex and confusing. One of the biggest risks is including incorrect information in your application, which can lead to serious consequences such as fines and even losing your trademark.
A recent example shows why it’s so important to get it right. The trademark application for “Sleeve Straps” (US Serial No. 90315943) was filed on November 12, 2020, but was canceled on January 25, 2022, due to mistakes in the application. This case highlights why having a professional trademark attorney is essential.
Why You Need a Trademark Attorney
1. Expert Knowledge: Trademark attorneys specialize in trademark law. They know the ins and outs of the application process and can ensure all your information is accurate and complete.
2. Avoiding Mistakes: Many trademark applications are rejected due to common errors. A seasoned attorney can help you avoid these pitfalls, such as incorrect classifications or descriptions.
3. Handling Challenges: If your application faces opposition or legal challenges, a trademark attorney can handle these issues effectively. They represent you in front of the United States Patent and Trademark Office (USPTO) and other authorities.
4. Reducing Risks: Incorrect information in your application can lead to fines and even the cancellation of your trademark, as seen in the “Sleeve Straps” case. A trademark attorney helps reduce these risks by ensuring your application is accurate and follows all legal requirements.
This case underscores the importance of consulting with an attorney about your trademark application to avoid issues
Case Study: "Sleve Straps" Trademark
The “Sleeve Straps” case is a cautionary tale. The application was canceled because of mistakes, leading to severe consequences. This example shows why it’s crucial to have a qualified trademark attorney to guide you through the process. The outcome was that the “Sleeve Straps” application, and potentially others, were canceled by the USPTO. This underscores the importance of consulting with an attorney about your trademark application to avoid similar issues.
The USPTO issued a Show Cause Order to Abtach Ltd., 360 Digital Marketing LLC, and Retrocube LLC, along with their associated entities, for breaking USPTO rules and engaging in fraudulent practices. They provided false information in thousands of trademark applications, including fake email addresses and signatures, to deceive both the USPTO and the applicants.
Proposed Penalties
The USPTO proposed several penalties, including:
1. Banning them from submitting trademark documents.
2. Removing their information from the USPTO’s database.
3. Invalidating all documents they submitted.
4. Ending ongoing proceedings involving their submissions.
5. Deactivating their USPTO accounts.
The USPTO found that these entities offered low-cost trademark services through multiple websites but were not registered with the California Secretary of State. They provided unauthorized legal advice, falsified official USPTO correspondence, and engaged in other fraudulent activities.
Poorly prepared applications can be cancelled. And voided.
Unauthorised & Improper Activities
Here are some fraudulent activities the USPTO found:
1. Fake Email Addresses: They provided email addresses they controlled instead of the actual owner’s email, so they received USPTO communications and modified them.
2. False Advertising: The Trademark Filing Entities advertised falsely low fees and quick registration times and, in some cases, falsely claimed endorsement by the USPTO.
3. Fake USPTO Letters: They sent customers fake letters on USPTO letterhead, pressuring them to register their trademarks quickly or risk losing their rights.
4. Misrepresentation of Services: They claimed USPTO attorneys were involved in their trademark clearance process when they were not.
5. Overcharging and Falsifying Fees: They overcharged customers for filing fees and modified USPTO filing receipts to make it appear as if the USPTO had charged the inflated fees.
This case underscores why having a qualified trademark attorney is crucial to ensure compliance with all legal requirements and to avoid such severe consequences.
At Strong-IP, we are dedicated to helping businesses protect their brand identities through comprehensive trademark services. Our team of experienced trademark attorneys ensures that your application is accurate, complete, and complies with all legal requirements. Don’t leave your brand’s future to chance—consult with a professional today.
Reach out to us to discuss your trademark application and ensure your brand is protected.
Disclaimer: This newsletter is for informational and educational purposes only and does not constitute legal advice. For specific legal advice regarding your trademark application, please consult with a qualified trademark attorney.