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A supplemental show-cause order has been put into place by the USPTO as part of its continuous efforts to stop fraudulent trademark filings. By addressing submissions that contain fraudulent techniques or violate USPTO regulations, this initiative seeks to preserve the integrity of the U.S. trademark system.
The Supplemental Show-Cause Order:
An Overview
The USPTO opens an inquiry when it discovers trademark submissions that may be fraudulent or inappropriate. The USPTO issues a “show-cause order” to the parties concerned, outlining the alleged infractions and suggesting certain punishments, if wrongdoing is proven. By a given date, the recipients must reply outlining their reasons for opposing the suggested penalties.
Possible Sanctions:
The following sanctions may be imposed for fraudulent filings:
1.Pending applications are terminated, making them void and unrevivable.
2.Existing registrations with annotations stating they are sanctioned may have their validity impacted and be vulnerable to challenges from third parties.
3. Deactivation of accounts on USPTO.gov that were used to submit incorrect information.
Consequences for Applicants for Trademarks:
During the assessment process, your trademark application might be suspended if it is linked to a party that is being investigated. In the Trademark Status and Document Retrieval (TSDR) system, the application status will be changed to “suspended pending administrative review” and the USPTO will notify the impacted applicants. You are unable to make any modifications to your application while it is suspended.
The following actions are advised:
- Check the status of your application: To find out about any suspensions or updates, periodically check the status of your application in the TSDR system.
- Think About Submitting a Fresh Application: You might have to submit a fresh application if yours is rejected because it was linked to fraudulent activity. Keep in mind that even with a Petition to Make Special, new applications cannot be accelerated.
- Report Any Questionable Activities: Inform the USPTO and the appropriate authorities if you think you have been duped by a fake trademark service.
- Instruct our US Attorney Waheedan Jariwalla and contact us at tmr@trademarkroom.com
