Intellectual Property Law

Beware of Official Looking Trademark Monitoring Services

By Michael Atkins

I’ve written about deceptive pitches to trademark applicants and registrants in the past. I came across another one today. Or, rather, my client did.

My client, a small business owner, has a few pending applications that have just cleared examination and are about to be published.

Last week, he received an official-looking form in the mail from an official-sounding outfit regarding its “Trademark Monitoring and Notification Service.” The form has his company’s name and address, the serial number and filing date of his applications, and citations to the United States Code. It also lists a Washington, D.C., return address and has “United States” as part of its name.

The form says the sender “provides a trademark owner with information that may be important to maintain its own trademark rights and can allow a trademark owner the ability to oppose marks before these marks become registered. Trademark monitoring is an annual subscription and commences upon receipt of the form below with due payment.”

The company charges $385 per trademark per year for these services.

Trademark watch services can be valuable, but there’s no reason why an applicant whose mark has not yet been published for opposition would need such services.

The statement at the bottom says it all: the service “…IS AN ELECTIVE SERVICE AND IS NOT A LEGAL REQUIREMENT OR A MANDATORY REGISTRATION.”

Judging by my clients’ continued questions about notices like this, the disclaimer doesn’t seem to be doing its job.

Companies like this may provide a legitimate service. But from where I sit, it only looks like they’re trying to profit from trademark owners’ inexperience. 

Watch out for them. The letter looks official, but it’s really just an official waste of money.

Full post as published by Seattle Trademark Lawyer on August 18, 2008 (boomark / email).