[E-trademarks] New scam site - nextmarksolutions
Annette Heller
tmattorneyheller at aol.com
Mon Feb 3 22:46:25 UTC 2025
Do contact him. I once check on an attorney listed in one of these scams and she had posted a notice on her home page of her web site that her name was be using without consent and that she was not connected to that party. It appears that some of the scammers are using legitimate attorney names. Also one should regularly check their applications on the Trademark Office web site in the event that a scammer is filing applicants using your name. I so a search monthly.
Annette
Annette P. Heller
Trademark/Copyright Attorney
TM Law & Associates
400 Chesterfield Center Ste 400
Chesterfield [St Louis] MO 63017
www.TrademarkAtty.com
314-469-2610 Fax 314-469-4850In a message dated 2/3/2025 4:35:48 PM Central Standard Time, e-trademarks at oppedahl-lists.com writes:
This attorney does exist per CalBar: https://apps.calbar.ca.gov/attorney/Licensee/Detail/103485 However, per his LinkedIn, he appears to be a former GC, not a trademark counsel: https://www.linkedin.com/in/donjoseph/ I have a second level connection to him, and could reach out to see if he is affiliated with these turds. Judith
On Fri, Jan 31, 2025 at 7:13 AM Tara Aaron-Stelluto via E-trademarks <e-trademarks at oppedahl-lists.com> wrote:
New scam site – nextmarksolutions dot com – is out lying to our clients about whether they have a registration in an effort to make them pay for another one. My client who received this was understandably annoyed with me.
The domain was just registered on January 13th of this year.
I’ve copied the email below.
*****
I hope you’re doing well. I’m reaching out on behalf of the Legal Department Next Mark Solutions, a private firm specializing in trademark and copyright legal services. We’ve recently received a request from an applicant in North Carolina who wants to trademark a name that is identical to “X" which you are currently using for similar services. Our preliminary investigation indicates that you have been using this business name for quite some time. In accordance with our company policy, we prioritize the rights of established businesses over those of newcomers.
According to the USPTO records, the name “X" is not currently trademarked and does not appear in the United States Patent & Trademark Office database. Legally, if a name isn’t trademarked, it is available for registration by anyone in the U.S., regardless of how long it has been in use. The key factor is the existence of a valid trademark; if another party registers the trademark before you, they will have a legal edge, even if you’ve been using the name longer.
Federal trademark registration grants the holder ownership rights and may limit your ability to use the name “X" They could also take legal action against you, which might lead to claims on any profits you’ve made under that name.
Please let me know if you intend to use this name legally in the future, so I can assist you with the necessary steps. It’s important to remember that, as outlined in the Lanham Act of 1946 (§§ 1051 et seq), federal registration is crucial for establishing ownership rights.
Your prompt attention to this matter is vital for protecting your rights and avoiding any potential legal complications. We look forward to your response.
Best regards,
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Donald R Joseph
Intellectual Property Attorney
Phone : + 1 (415) 449-4833
Address: 135 Porto Marino, Bel Tiburon, CA 94920-1316
Website: www. Nextmarksolutions. com
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Tara Aaron‑Stelluto
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Partner
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Barton LLP
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611 Commerce Street, Suite 2911
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Nashville
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,
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TN
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37203
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Tel:
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615-340-6790
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Direct Dial:
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615-899-4501
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tstelluto at bartonesq.com
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www.bartonesq.com
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bio
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vcard
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