Numerous clients are receiving unsolicited emails from a company called Trademark Omega or Trademark Apex. Future versions may originate from companies with different names. For your protection, we advise you to read the fine print.
The email alleges origination from one of several different attorneys, hoping to appear as a valid legal notice. The letter informs you an “applicant” is seeking to register its business in North Carolina and will be using your business name.
The letter warns “your brand is not registered with the USPTO and anyone can register this brand name under their information.” This is immediately followed by a misleading statement that “the USPTO treats applications on a first-come, first served basis.”
Recipients take note: This communication is a marketing ploy. The company distributing the letter is hoping you will contact them, so they may assist with your Trademark filing.
There are significant inaccuracies— and, in fact, fraudulent statements— in the email. To set the record straight:
- You begin acquiring common law rights on your business name upon commercial use.
- All U.S. Trademarks are based on designated classification. Two companies having the same corporate name can peacefully co-exist, where they are operating in different spaces. At no point does the letter address “this applicant” will be operating in a similar business space.
- The U.S. Trademark Office includes procedures for protecting your trademark rights in the event a third party files with the Trademark Office after your date of first commercial use, but before you have filed your Trademark application.
Stay alert to email communications originating from Trademark Omega, Trademark Apex, or any other company calling into question your company’s intellectual property rights. If you receive a suspicious email or letter, contact your corporate or trademark counsel who can help distinguish marketing ploys from valid legal correspondences.
