I recently received another offer from “United States Trademark Maintenance Service.” It raises as many questions as it does answers.

  • Do they help their clients understand the declaration to be signed?
  • Are they attorneys providing this services who are bound by the professional rules of ethics, attorney-client privilege, and such?
  • What if all the goods and services in the registration are no longer in use?
  • Why does their form look so simple?
  • How come their website does not work?
  • Who will sign the filing with the USPTO?
  • What about Section 15 affidavits – do they file them? Do they advise what the benefits are or whether one is appropriate?
  • What will happen if a post-registration office action is issued? Who will be responsible for docketing the deadline and filing a response?
  • What if the Section 8 filing is randomly selected as part of the Post Registration Proof of Use Audit Program?
  • Furthermore, it contains a falsehood, that the “USPTO does not provide any reminder of the section 9 requirement beyond the information of the original Certificate of Registration…” The USPTO sends email reminders to registrants regarding the commencement of the Section 8 period.

The USPTO lists this offer on its Caution: misleading notices page. Note that it appears that the form appearance and details have been updated slightly recently.

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