[E-trademarks] new to me phishing email/scam "I am writing to you on behalf of the legal department of USPTO Trademark US."

[Rose Patents]

Just a few random observations about this obvious scam:

1.  There is no reason to assume that the perpetrator of this fraud is based in the US.  Their website, usptotrademarksus.com <http://usptotrademarksus.com/>, shows an address of "610 S. Broadway, Los Angeles, CA 90014" but that is the address of the West Coast Jewelry Center.  https://downtownla.com/go/west-coast-jewelry-center <https://downtownla.com/go/west-coast-jewelry-center>
and these scammers don't even pretend to be attorneys (although their services offered clearly show that they are practicing law without a license):

"Although we are not a law firm, we have a team of professional trademark experts who undergo an extensive training program to make them the best at what they do. Only after they have completed their training and passed a rigorous series of examinations can an employee be placed into service. This rigorous training leads to the expert level of services we provide."  https://usptotrademarksus.com/about-us.html#howits <https://usptotrademarksus.com/about-us.html#howits>

The whois.com <http://whois.com/> service shows that they are hiding behind an anonymous one-year domain registration obtained 11/3/23.  https://www.whois.com/whois/usptotrademarksus.com <https://www.whois.com/whois/usptotrademarksus.com>

So, the source of the scam could be anywhere in the world, including India or China.  As a member of the California Bar myself, I intend to report this unlawful practice of law without a license to the state bar and USPTO, but I doubt that there is much that they can do.

2.  As to Tamera’s original question, I suspect that they are using some sort of web crawler to identify Brands, and then send out these emails, which cost them next to nothing to produce.  Some of the language suggests familiarity with the Amazon Brand Registry, but who knows?

3.  If this all seems like a digital version of Whack-A-Mole, then you get the picture.

Bob

Law Office of Robert Rose
  PO Box 301272
  Escondido, CA  92030-1272
626-768-0876
626-768-7654 fax
rosepatents.com <http://rosepatents.com/>
rose at rosepatents.com <mailto:robert.rose at mac.com>
View my research on my SSRN Author page:
http://ssrn.com/author=826697 <http://ssrn.com/author=826697>
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> On Nov 21, 2023, at 3:04 PM, Richard Schafer via E-trademarks <e-trademarks at oppedahl-lists.com> wrote:
> 
> I regularly get similar emails from firms in India and China but have never seen this scam being practiced by a US firm.
>  
> Best regards,
> Richard A. Schafer | Schafer IP Law
> P.O. Box 230081 | Houston, TX 77223
> M: 832.283.6564 | richard at schafer-ip.com <mailto:richard at schafer-ip.com>
>  
> From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com <mailto:e-trademarks-bounces at oppedahl-lists.com>> On Behalf Of Tamera H Bennett via E-trademarks
> Sent: Tuesday, November 21, 2023 11:22 AM
> To: e-trademarks at oppedahl-lists.com <mailto:e-trademarks at oppedahl-lists.com>
> Cc: Tamera H Bennett <tbennett at tbennettlaw.com <mailto:tbennett at tbennettlaw.com>>
> Subject: [E-trademarks] new to me phishing email/scam "I am writing to you on behalf of the legal department of USPTO Trademark US."
>  
> Anyone else with clients receiving emails from “Eric James” Senior Intellectual Property. ericjames at usptotrademarksus.com <mailto:ericjames at usptotrademarksus.com>
>  
> Hi ___________,
>  
> I hope this email finds you in good health.
>  
> I am writing to you on behalf of the legal department of USPTO Trademark US.
>  
> We have been informed that an individual is preparing to submit an application to the USPTO for trademark registration of the brand name "__________________" originating from North Carolina. During our research, we came across your information and discovered that this brand name is not currently registered with the USPTO, leaving it open for registration by any interested party.
>  
> Given the USPTO's policy of processing applications on a first-come, first-served basis, the other applicant will be granted the opportunity to proceed with their registration if you are not actively using the brand name “____________________" in commerce or are unwilling to seek trademark registration for it.
>  
> We kindly request that you respond to us promptly. If we do not receive any objections from you, the other applicant will be permitted to initiate their registration process, which will follow the standard examination and filing procedures established by the USPTO.
>  
> It's important to note that, as stipulated in the Act of 1946, specifically §§ 1051 et seq, federal registration of your mark is essential to establish and protect your ownership rights.
>  
> We eagerly await your response.
>  
> My big question, is what’s trigger these emails being sent out? Any insight?
>  
> Thanks.
>  
> Tamera H. Bennett | Attorney & Mediator
> Bennett Law Office, PC | 132 W. Main St. | Lewisville, TX 75057
> 972-244-3210 | tbennett at tbennettlaw.com <mailto:tbennett at tbennettlaw.com> | www.tbennettlaw.com <http://www.tbennettlaw.com/>
>  
>  
> This transmission may be: (1) subject to the Attorney-Client Privilege, (2) an attorney work product, or (3) strictly confidential.
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