A client recently forwarded me the document below that they received in the mail regarding their trademark. While the service may not be a complete scam – presuming they do file maintenance documents necessary to ensure that a trademark registration is not cancelled – it contains a variety of mis-information and comes from the deceptive name of “Patent & Trademark Agency LLC” that sounds somewhat like a government entity (and they use a .org domain name).
Here are some of the problems with this offering:
Are they providing legal services? Or merely filling in forms? Can they help determine what constitutes continued use of the trademark in commerce – or excusable non-use? Can they help determine what can and should be done if the mark has changed slightly over the years?
If they are no providing legal services, why do they charge so much money (even when you subtract the government fees)?
The expiration date is WRONG. The “Declaration of Continued” use must be filed by the sixth anniversary of the registration, not the fifth. And there is an additional 6 month grace period before it will be canceled.
The information that the trademark “may subsequently be renewed for five years at a time” is also incorrect.
I have forwarded a copy of this document to the USPTO Solicitor’s office. If you or your client received one, I encourage you to do the same.