[E-trademarks] New scam site - nextmarksolutions

[Pamela Chestek]

A client of mine got this one too, for a trademark in an application 
they had abandoned. That might be who they're targeting.

Pam

Pamela S. Chestek
Chestek Legal
PLEASE NOTE OUR NEW MAILING ADDRESS
4641 Post St.
Unit 4316
El Dorado Hills, CA 95762
+1 919-800-8033
pamela at chesteklegal
www.chesteklegal.com


On 1/31/2025 4:12 PM, Tara Aaron-Stelluto via E-trademarks 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 13^th 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,*
>
> **
>
> Image
>
> 	
>
> *Donald R Joseph*
>
> Intellectual Property Attorney
>
> Phone :*+ **1 (415) 449-4833*
>
> **
>
> Address:*135 Porto Marino, Bel Tiburon, CA 94920-1316*
>
> **
>
> Website: *www. Nextmarksolutions. com*
>
> 	
>
> **
>
> Tara Aaron‑Stelluto​​​​
>
> Partner
>
> Barton LLP
>
> 611 Commerce Street, Suite 2911
>
> 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 <fax:615-340-6790>
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> Direct Dial:
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> 615-899-4501 <tel:615-899-4501>
>
> tstelluto at bartonesq.com <mailto:tstelluto at bartonesq.com>
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> www.bartonesq.com <http://www.bartonesq.com/>
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> bio <https://www.bartonesq.com/attorney/tara-aaron-stelluto/>
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> vcard <https://www.bartonesq.com/vcard?id=4210>
>
>
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