[E-trademarks] TM Scam?

Tue Dec 3 18:59:24 UTC 2024

At the risk of making some ignorant sounding noises ..  is there a form for
PoA other than the ones I've seen for prosecuting patent applications?

db

On Tue, Dec 3, 2024 at 10:43 AM Annette Heller via E-trademarks <
e-trademarks at oppedahl-lists.com> wrote:

> Since attorneys can sign applications, 8&15 and renewals on the client
> behalf, then it is very easy for an attorney to file and pay for a renewal
> if the intent is to hi-jack the trademark for Amazon use.
>
> Annette
>
> Annette P. Heller
> Trademark/Copyright Attorney
> TM Law & Associates
> 400 Chesterfield Center Ste 400
> Chesterfield [St Louis] MO 63017
>
> www.TrademarkAtty.com <http://www.trademarkatty.com/>
>
> 314-469-2610 Fax 314-469-4850
> In a message dated 12/3/2024 12:39:20 PM Central Standard Time,
> e-trademarks at oppedahl-lists.com writes:
>
>
> Hard to see how this is in any way a gift to the client.  Unless the
> client is mistaken and someone with authority at the client authorized the
> filing, the filing was not made or signed by the client or an authorized
> representative of the client, but was signed by someone purporting to
> represent the client.  I don’t think that filing can be authorized after
> the fact.
>
>
>
> *Kevin Grierson*********
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> *From:* E-trademarks <e-trademarks-bounces at oppedahl-lists.com> *On Behalf
> Of *asarabia2 via E-trademarks
> *Sent:* Tuesday, December 3, 2024 1:20 PM
> *To:* e-trademarks at oppedahl-lists.com
> *Cc:* asarabia2 <asarabia2 at gmail.com>
> *Subject:* Re: [E-trademarks] TM Scam?
>
>
>
> EXTERNAL EMAIL
>
> I am not sure about the State Bar complaint until you know more and until
> after the holiday season.  One mystery is why some random attorney would
> pay the renewal fee. That is a gift to your client. You might check for
> other trademarks at the Patent and Trademark Office for which the attorney
> represents the owner.
>
> 100% agree on the power of attorney filing.
>
> Regards,
>
> Tony
>
> IP Business Law, Inc.
> 320 via Pasqual
> Redondo Beach, CA 90277
> (310)377-5171
> www.calrestitution.com
>
> On 12/3/2024 10:02 AM, Eric Morton via E-trademarks wrote:
>
> Is this attorney real?  I’d check the attorney’s bar number and look up
> the attorney with the state bar.  A complaint with that attorney’s state
> bar is in order.
>
> *--*
>
> *Eric D. Morton*
>
> *Attorney*
>
> *Clear Sky Law Group, P.C.*
>
> *1300 Clay St., Ste. 600, Oakland, CA 94612*
>
> *P:  (510) 556-0367 / (760) 722-6582*
>
> *F:  (510) 751-4598*
>
> *emorton at clearskylaw.com <emorton at clearskylaw.com>*
>
> *www.clearskylaw.com <http://clearskylaw.com/>*
>
> [image: Clear Sky Logo-Transparent 6]
>
>
>
>
>
>
>
> *From:* E-trademarks <e-trademarks-bounces at oppedahl-lists.com>
> <e-trademarks-bounces at oppedahl-lists.com> *On Behalf Of *Tim Ackermann
> via E-trademarks
> *Sent:* Tuesday, December 03, 2024 9:03 AM
> *To:* For trademark practitioners. This is not for laypersons to seek
> legal advice. <e-trademarks at oppedahl-lists.com>
> <e-trademarks at oppedahl-lists.com>
> *Cc:* Tim Ackermann <tim at ackermannlaw.com> <tim at ackermannlaw.com>
> *Subject:* Re: [E-trademarks] TM Scam?
>
>
>
> 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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