[E-trademarks] New scam site - nextmarksolutions

Fri Jan 31 18:24:07 UTC 2025

I’ve seen that same letter sent to four different clients in the last two days!

Bob
 Cumbow
Partner
Miller Nash LLP

605 5th Ave S, Ste 900 | Seattle, WA 98104
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From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of Tim Ackermann via E-trademarks
Sent: Friday, January 31, 2025 9:23 AM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: Tim Ackermann <tim at ackermannlaw.com>
Subject: Re: [E-trademarks] New scam site - nextmarksolutions

[EXTERNAL MESSAGE: This email originated from outside of the firm. Do not click links or open attachments unless you recognize the sender and know the content is safe.]

________________________________
I've seen at least one like this for a recently-registered mark, like the one Tara sent.
Tim Ackermann
The Ackermann Law Firm

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

On Fri, Jan 31, 2025 at 10:45 AM Pamela Chestek via E-trademarks <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>> wrote:

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<http://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 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,

[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

,

TN

37203

Tel:

615-340-6790

 |

Direct Dial:

615-899-4501<tel:615-899-4501>

tstelluto at bartonesq.com<mailto:tstelluto at bartonesq.com>

 |

www.bartonesq.com<http://www.bartonesq.com>

 |

bio<https://url.us.m.mimecastprotect.com/s/18dpCgJx09TmpZQXu3snS4I9Bx/>

 |

vcard<https://www.bartonesq.com/vcard?id=4210>

[cid:image002.png at 01DB73C8.C4D1D160]

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