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ARTICLE · 26 FEBRUARY 2020

New USPTO Rule Likely To Increase Spam

Morrison Foerster
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The United States Patent and Trademark Office (USPTO) just issued new rules that directly affect trademark owners.

United StatesIntellectual Property

The United States Patent and Trademark Office (USPTO) just issued new rules that directly affect trademark owners. Going forward, trademark applicants, registrants, and parties to a proceeding before the Trademark Trial and Appeal Board will need to provide their email address in USPTO filings. The USPTO enacted this rule to ensure that trademark owners will receive USPTO correspondence if their attorney of record withdraws and no new attorney is appointed. The USPTO said it does not intend to send correspondence directly to trademark owners represented by attorneys and will instead continue to direct all correspondence to the attorney of record in those cases.

Unfortunately for trademark owners, unscrupulous third parties will likely take advantage of this new rule and start to use the email addresses to spam trademark owners, as they will be publicly available on the USPTO website. Trademark owners are already besieged with countless unsolicited and deceptive

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Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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