August 10, 2021
Intellectual Property Magazine
The U.S. Patent and Trademark Office (USPTO) is seeking trademark registration to protect its name and logo from improper use against those trying to “impersonate or falsely claim affiliation or endorsement” with the office. Intellectual Property Magazine interviewed Finnegan’s Katie McKnight, a former attorney at the USPTO's Trademark Trial and Appeal Board (TTAB), for her thoughts on the USPTO’s decision.
Katie said:
“By seeking to register its brands, the USPTO has taken encouraging steps to position itself to protect the interests of small and large companies alike. The USPTO’s filings send a strong message to scammers and raises the stakes as copying the USPTO’s marks will violate additional laws (such as counterfeiting) and give rise to enhanced civil and criminal penalties reserved for federally registered marks. However, to the extent the USPTO claims that it does not 'have the legal authority to stop private companies from sending trademark-related offers and notices, nor can [it] sue or prosecute entities that defraud or attempt to defraud [its] applicants and registrants,’ it will be interesting to see whether–and how–it will enforce its registrations."
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