Yesterday, the United States Patent and Trademark Office (“USPTO”) sanctioned Trademark Terminal’s owners. Per the order, the USPTO plans to terminate all the trademark applications they filed.
In email, the USPTO stated that from abroad, Trademark Terminal “fraud[ulently] filed . . . over 5,500 trademark applications.” As such, the USPTO imposed sanctions against Abtach Ltd., 360 Digital Marketing LLC, and Retrocube LLC, (the “Sanctioned Companies”). According to the USPTO, these “Sanctioned Companies” operate Trademark Terminal from outside of the United States.
Earlier, I pointed out the earlier Show Cause Order by the USPTO which demanded that Abtach Ltd., 360 Digital Marketing LLC, and Retrocube LLC explain why all their filings should not be invalidated.
In addition to fraudulently filing trademarks, the scathing USPTO sanctions against Trademark Terminal state that the Sanctioned Companies “fals[ified]” and “altered” official documents. The USPTO did not receive a response from the Sanctioned Companies, and entered sanctions yesterday.
In short, they committed fraud, and if you used their service, your trademark application faces certain termination. Unfortunately, this is true, even if you had no reason to know about their illegal activities.
What Do the Trademark Terminal Sanctions Mean for My Trademark?
Abtach Ltd. ran Trademark Terminal. According to the USPTO, Abtach operates from Pakistan, with unlicensed individuals, and not US attorneys. This violates the 2019 U.S. Counsel Rule. That rule states that only U.S. attorneys can file trademark application behalf of others at the USPTO. A violation of this rule means that the filing itself is invalid from the start. Therefore, in addition to sanctioning Trademark Terminal, the USPTO plans to cancel every trademark it filed.
Recently, the USPTO detected a significant surge in trademark filings by unauthorized entities. These filing companies will offer “low-cost” trademarks to unsuspecting entrepreneurs. According to the USPTO, if you attempt to speak with Trademark Terminal, they will attempt to assure you that sanctions are “routine.” This is absolutely false. A Show Cause Order is not “routine,” and should put you on high alert. As such, you should not listen to Trademark Terminal.
The USPTO Will Cancel Your Trademark Filing
If you filed a trademark with Trademark Terminal, you should immediately consult with a U.S.-licensed attorney due to their sanctioning. The USPTO will terminate your trademark application, and it is a good idea to discuss this matter with a professional. In fact, the USPTO recommends hiring a private U.S. trademark attorney. Syed Law Can help you put this issue in the rear view mirror, and file a new trademark application.
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