Fitzpatrick Case Update
March 16, 2018
The USPTO recently announced an email pilot program to protest trademark specimens that are possibly fraudulent and not in actual use, such as altered, fabricated or digitally created specimens. Protests may be sent to TMSpecimenProtest@uspto.gov, no later than the 30th day after publication for opposition. The protest must include either (1) objective evidence of third party use of the identical image without the mark in question or (2) the prior registration numbers and/or serial numbers of applications in which identical images bearing different marks have been submitted to the USPTO. This pilot program should be less expensive and provide a faster remedy than traditional opposition proceedings, the only other avenue for attacking fraudulent specimens. Please contact us if you have any questions about this new program.