BEWARE Trademark Scams, Spam, and Misleading Emails (like for "international trademark database")
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- เผยแพร่เมื่อ 25 ส.ค. 2024
- If you file a trademark application, you will likely receive emails and letters that will range from harmless-yet-annoying spam to actual misleading scams trying to confuse you and take your money.
So many people are confused by emails and letters that look official, claiming you need to send them $1000+ to "register to the international trademark database" or other scams.
In this video I share ACTUAL emails I receive when I filed a trademark application for my side-gig, and I explain which are harmless spam emails and which are misleading scams.
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Legal Disclosure: I am licensed to practice in the state of California and before the United States Patent and Trademark Office. Information contained in this video is not legal advice - please seek advice of counsel. This video and description may contain attorney advertising.
Disclosure: My videos may contain reviews, recommendations, testimonials, or endorsements of other businesses, individuals, events, materials (such as books), products, services, or websites. At this time I do not receive any monetary compensation or affiliate revenue for such content. I occasionally receive free access to a service, product, or program in order to provide a review; if so, I will clearly disclose this in the video.
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Here are my vids about handling trademarks: th-cam.com/play/PLd0wcIHXfOTffWuy8MRFgQuGrPza1HAgQ.html
🙏🙏🙏🌹 Thank you very much.
Thank you for sharing🙏. It helps me to understand more what purpose scams look like.
I'll share this information with many more friends that own the business.
great to hear, thanks!
You are so helpful with posting your videos. Thank you so much 🙏
You are so welcome!
Thank you Elizabeth 👍🌹
Welcome!
San Diego has an online posting from someone claiming to be a Legal Nurse (Paralegal). How reliable and/or effective is a paralegal, in doing some of these things, we might otherwise hire an attorney for???
It really depends on the paralegal. Some are very experienced and qualified to fill out forms. But it is not that hard to call yourself a paralegal, so it does really depend. Make sure they have a paralegal degree or certificate, or are even certified/registered as a paralegal. But note that they are not legally allowed to give legal advice (the "unauthorized practice of law").
Just got a call from someone claiming to be from USPTO with broken English with an Asian accent who called me five times in a row on a line that kept breaking up saying they needed to verify my application. I was suspicious they said check the number to verify and yes when googling it came up except last for digits was 4000 instead of 1000 on the posted website for local number but anyone can spoof a number. They were asking me why I filed then named off my serial number and address but again public information. I finally hung up. Wanted to see if a lot of spoofing was going on that you have heard of and if this sounds like a scam to you as it did to me?
Yes that sounds like a scam. They rarely call, and when they do they don’t call 5x lol. Also they don’t call to “verify” anything. Good you realized!
I received a very similar email from same folks. I’ve noticed and ignored. Do I keep ignoring? Is there anything else I should do? The reason I ask is because they’ve actually filed my trademark and it was submitted appropriately with a serial number.
Hm so did you hire them to file the trademark for you, or did they just do it themselves?
I’ve hired them and up to filing and receiving serial number was smooth. Immediately after that though, I’m getting two types of emails. One directly from them posing as attorney making similar nonsense and to pay ridiculous “uspto” fees for specimen filing. One indirectly, posing as someone else about infringement. But the email template and format is the same so it’s obvious it’s from them.
Hello - interesting video. We have something similar, not about applying, but someone wanting to claim our name. I copied it in the reply. Thanks
I trust this message finds you well.
This correspondence is from the Legal Department of Mark Mastery.
We wish to inform you of a potential trademark registration concerning the brand name "COS Business Products & Interiors" originating from a startup business. During our extensive search, your details surfaced in connection with this brand name.
Time is of the essence as another party is also expressing interest in trademarking the same business name. Failure to move forward with your registration may result in them acquiring federal rights, potentially leading to legal repercussions for your continued use of the name. This situation could extend to the point where they could file a case against you and claim ownership of your profits.
As part of our due diligence, we've discovered that your brand is not currently registered with the USPTO. In light of this, we are reaching out to ascertain your intentions regarding the trademark registration of "COS Business Products & Interiors" Please be advised that, in accordance with the USPTO's first-come, first-served policy, another applicant may proceed with the registration if no objection is raised from your end.
It's crucial to emphasize that, according to the Lanham Act of 1946 (§§ 1051 et seq), federal registration is a prerequisite for securing ownership rights.
Your immediate attention to this matter is essential to safeguard your rights and prevent potential legal complications. We look forward to your prompt response.
You can reach me at (516) 855-6614 (Ext 22).
www.Markmastery.com
Thanks & regards,
Yep that's a scam -- no legit lawyer would email a random other person and offer to file their trademark instead of their own client! It would be an ethical violation to betray their client that way