[E-trademarks] TM Scam?

[Tim Ackermann]

Mark,
 I'd consider filing a power of attorney ASAP. This is probably not the
case -- I don't want to assume attorney malfeasance -- but it's not
impossible.
 What I'd be worried about is some kind of Amazon / brand-ownership
hijacking. Assuming you didn't have a filed power of attorney, the USPTO
stopped recognizing you as the attorney upon registration (or completion of
earlier maintenance filing) under 37 C.F.R. §2.17(g). Then, once this new
attorney files the renewal, the new attorney is recognized under 37 C.F.R.
§2.17(b)(1), right? And that attorney will get any kind of emails from
Amazon, or Walmart, or whoever now uses that method of verifying brand
ownership, under 37 C.F.R. §2.18.
 I just don't see another point for paying the client's USPTO fees when you
are not going to be reimbursed. And the "we're on vacation and not
responding" might just be a dodge.
 Sincerely,
Tim Ackermann
The Ackermann Law Firm

E:  tim at ackermannlaw.com
P:  817.305.0690
F:  214.453.0810
W: ackermannlaw.com
O: 1701 W. Northwest Hwy. Ste. 100
     Grapevine TX 76051


On Tue, Dec 3, 2024 at 10:41 AM Mark Kaufman via E-trademarks <
e-trademarks at oppedahl-lists.com> wrote:

> Oh great and powerful Brain Trust:
>
>
>
> We wrote to a client to renew a registration (due in a year, but inspired
> by the upcoming increase in PTO fees).  Client said they’d send payment.
> Before we renewed, another U.S. attorney had filed and paid the fee for
> renewal.  Disappointed, I wrote to the client.  Client said that they
> didn’t know who the new attorney was, and that client had mailed me a check
> to do the work.   An email to the new attorney semi-bounces back with the
> following message:
>
>
>
> XYZ Law Firm will be away on vacation for the 2024-2025 holiday season.
> Afterward [the firm] will begin the winding up process. If you have any
> questions this email will be monitored sparingly but questions will be
> addressed in time. [The Firm’s] Intellectual Property web services have
> been faulty since 9/4/2024. If assistance is needed concerning a prior
> response please call.
>
>
>
> I’m not sure if the “2024-2025 holiday season” means the entire month of
> December.  A phone call to new attorney’s cell phone doesn’t answer, and
> “mailbox is full.”  I’ve sent a text message, but am not optimistic about
> getting a response.
>
>
>
> So:  I guess I’ll send the foregoing to TMscam at uspto.gov and, if anyone
> thinks it’s advisable, to the Post Registration Department.  But the
> curious thing about this hijacking is that the new, unauthorized “law
> firm”, in the process of taking over the registration, paid the filing
> fee.  Maybe they intend to assign the registration to some other scammer…
>
>
>
> I welcome your thoughts and suggestions.
>
>
>
> Thanks,
>
> Mark
>
>
>
> Mark S. Kaufman
>
> Kaufman & Kahn, LLP
>
> Email:  kaufman at kaufmankahn.com
>
> www.kaufmankahn.com
>
>
>
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>
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>
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>
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>
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