WARNING LETTER

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LET’S FIGHT FRAUD!!!

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Dear trademark Applicant,

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Thank you for your consistent trust on us! To protect your legitimate interests and rights and to help the United States Patent and Trademark Office (USPTO) maintain the integrity of the trademark filing process, we need you read the following to acknowledge the federal trademark prosecution rules, regulations, and standards for U.S. trademark registration:

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1. make sure to provide true and accurate information to your qualified American lawyer directly or via authorized agent.

2. make sure your application will be filed by a qualified American lawyer. Agents not American lawyers are NOT permitted to file trademarks on behalf of you, as this is unauthorized practice of law, and your mark may be cancelled (see https://www.uspto.gov/sites/default/files/documents/TM-Sanctions-Order-Yusha-Zhang.pdf ). Not any American lawyers are qualified to practice trademark law in the United States, only an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory is qualified. You can check the lawyer’s status on this website: https://www.americanbar.org/groups/legal_services/flh-home/flh-lawyer-licensing/.

3. make sure you are the owner of the trademark/service mark sought to be registered, which means to the best of your knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive. If you register other’s mark, that is FRAUD.

4. If you ensure that your mark has been used in commerce in the US (not China or elsewhere in the world) and you’d like to file application based on actual use (Section 1(a), Use in Commerce), you can only register your mark on identifications of goods and services on or in connection with which you are currently using your trademark in commerce. DON’T include the identifications of goods and services on or in connection with which you are NOT using your trademark in commerce, as this constitutes FRAUD. Also, you should state the first date the mark was used anywhere as well as the first date the mark was used in US in commerce. Check your sales record to make sure the dates are correct, otherwise will constitute FRAUD.

5. If you have a bona fide intention to use the mark in the future with goods/services included in an application, you choose “Intent to Use”() as filing basis. Bona fide means in good faith, genuine, authentic. It is the opposite of deception or fraud. include the identifications of goods and services on or in connection with which you have a bona fide intention to use the mark, as this constitutes. Examples where trademark applications have been defeated due to the lack of bona fide intent to use: 1) no business plans. 2) no commencement of advertising or marketing. 3) overly broad extensive identification of goods and services by foreign applicant. 4) high number of classes of goods and services.

6. Please also understand that the selection of Section 1(b) "Intent to Use" as the filing basis requires you to do the following before the mark can register: (1) begin using the mark in commerce; and (2) file an Allegation of Use that includes a  (the requirement for specimen is the same as listed in para.5) and an additional fee. Furthermore, even if the application has already been approved, examination of the Allegation of Use may result in the examining attorney issuing a refusal.

7. If you ensure that your mark has been used in commerce in the US, provide the TRUE specimen to prove the use of the mark in commerce in the United States. The specimen MUST show the mark as actually used in commerce. Examples of specimens for goods include tags, labels, instruction manuals, containers, and photographs that show the mark on the actual goods or packaging or displays associated with the actual goods at their point of sale. Webpages may also be specimens for goods when they include a picture or textual description of the goods associated with the mark and the means to order the goods. Examples of specimens for services include advertising and marketing materials, brochures, photographs of business signage and billboards, and website printouts that show the mark used in the actual sale, rendering, or advertising of the services.

8. The following examples of specimen are ABSOLUTELY NOT acceptable and constitute FRAUD and will jeopardize your legitimate rights, which means IF you or your agent, or any other third party help you provide the following examples of specimen, even your trademark pass the examination of USPTO many years, they can be cancelled any time: 1) Digitally created or altered image or mockup of a depiction of the mark on the goods or their packaging. 2) Specimen for the goods or services which are NOT currently available in the US in commerce. 3) Specimen for the goods or services which are NOT sold or provided by you.

9. last but not least, ALL of the information, the allegations and other factual contentions made by you must have evidentiary support. This means your subjective state of mind is not the deciding factor. Please keep record of your documentary evidence as this may be used in the future to protect your trademark.

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Dear Client, again, thank you for your consistent support and let’s fight fraud together!

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Should you have any questions regarding the above, please do not hesitate to contact us at zhanglawfirm@outlook.com, we are always ready to help! And we are bilingual in English and Chinese.

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Should you find any person or company offering to prepare specimens for use in U.S. trademark applications, please don’t hesitate to contact Office of Enrollment and Discipline (Email: OED@uspto.gov) to report the information.

为什么选择我们？

1. 美国律师直接办理，无中介费用；

2. 华人律师，中英文流利，无语言障碍；

3. 经验丰富，成功案例众多；

4. 高效率，低价格；

联系我们

韦伯律师事务所

LawOffice of Zhang & Associates, PC

     地址：13668 Roosevelt Ave, Suite 717

           Flushing, NY 11354

电话：516-273-8693; 929-329-2727

电邮：zhanglawfirm@outlook.com

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