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[email protected] Reports & Reviews (4)

- Liberty, MO, USA • Jan 11, 2024

They just sent an email asking that I contact them to address the potential trademark registration concerning the brand name.

- Rolla, MO, USA • Jan 11, 2024

An email was sent with the following contents:

Dear xxxxx,

I trust this message finds you well.

This correspondence is from the Legal Department of Trademark Peak.

We wish to inform you of a potential trademark registration concerning the brand name "xxxxx" originating from a startup business. During our extensive search, your details surfaced in connection with this brand name.

Time is of the essence as another party is also expressing interest in trademarking the same business name. Failure to move forward with your registration may result in them acquiring federal rights, potentially leading to legal repercussions for your continued use of the name. This situation could extend to the point where they could file a case against you and claim ownership of your profits.

As part of our due diligence, we've discovered that your brand is not currently registered with the USPTO. In light of this, we are reaching out to ascertain your intentions regarding the trademark registration of "xxxxx Please be advised that, in accordance with the USPTO's first-come, first-served policy, another applicant may proceed with the registration if no objection is raised from your end.

It's crucial to emphasize that, according to the Lanham Act of 1946 (§§ 1051 et seq), federal registration is a prerequisite for securing ownership rights.

Your immediate attention to this matter is essential to safeguard your rights and prevent potential legal complications. We look forward to your prompt response.

- Arlington, VA, USA • Jan 10, 2024

Received 2 consecutive emails - Contacted my company with the following messages, claiming trademark competition from a "startup" because our company's name is not registered with the USPTO.

I also looked up the domain name, www.trademarkpeak.com, and found out that it was created/registered on November 24, 2023, in Lithuania, making the domain name only 1.5 months old. --------------------------

1st message:

Dear [name]: I trust this message finds you well. This correspondence is from the Legal Department of Trademark Peak. We wish to inform you of a potential trademark registration concerning the brand name "[company's name]" originating from a startup business. During our extensive search, your details surfaced in connection with this brand name. Time is of the essence as another party is also expressing interest in trademarking the same business name. Failure to move forward with your registration may result in them acquiring federal rights, potentially leading to legal repercussions for your continued use of the name. This situation could extend to the point where they could file a case against you and claim ownership of your profits. As part of our due diligence, we've discovered that your brand is not currently registered with the USPTO. In light of this, we are reaching out to ascertain your intentions regarding the trademark registration "[company name]." Please be advised that, in accordance with the USPTO's first-come, first-served policy, another applicant may proceed with the registration if no objection is raised from your end. It's crucial to emphasize that, according to the Lanham Act of 1946 (SS 1051 et seq), federal registration is a prerequisite for securing ownership rights. Your immediate attention this matter is essential to safeguard your rights and prevent potential legal complications. We look forward to your prompt response. You can reach me at 213-297-1164

Thanks & regards,

Tommy Wang Sr. Intellectual Property Attorney 610 S Broadway Los Angeles, CA 90014 Trademark Peak --------------------------------------- 213-297-1164 [email protected] www.trademarkpeak.com

2nd message:

Dear [name]

We trust this message finds you well.

This is our final attempt to reach out to you regarding the registration of the brand name "[company name]." If we do not receive your confirmation for registration today, we will proceed with the other applicant by tomorrow, potentially leading to the loss of your right to use the brand name "[company name]"

Why We're Reaching Out:

As part of our rigorous trademark registration process, we conduct thorough checks on Google and social media platforms to ensure the uniqueness of the brand name. If we don't receive confirmation from the current user (within 48 to 72 business hours), we move forward with the party interested in registering the name.

Trademark infringement is prosecuted under civil laws, lawsuits over trademark infringement will usually require you to stop using the trademark, and you may have to return any profits made off of the infringing use or pay monetary damages for the use of the trademark.

What is the penalty for violating a trademark?

The most common penalty for trademark infringement is an injunction or a cease-and-desist letter directing the infringer to stop using the trademarked material. It's also possible for criminal or civil penalties to result from an intentional violation of trademark law, although this is rare. Trademark infringement lawsuits can cost on average anywhere between $120,000 to $750,000 depending on the complexity of the case.

Understanding that you have been using the brand for an extended period, we have the flexibility to decline proceedings with the other party, especially if they are a startup company. If you are interested in securing ownership of the brand name "[company name]" kindly respond urgently so that we can guide you through the registration process.

We appreciate your immediate attention to this matter and look forward to your prompt response.

You can reach me at (213) 297-1164

Thanks & regards,

Tommy Wang Sr. Intellectual Property Attorney 610 S Broadway Los Angeles, CA 90014 Trademark Peak --------------------------------------- 213-297-1164 [email protected] www.trademarkpeak.com

- Stafford, VA, USA • Jan 09, 2024

I trust this message finds you well.

This correspondence is from the Legal Department of Trademark Peak.

We wish to inform you of a potential trademark registration concerning the brand name "MY BUSINESS NAME" originating from a startup business. During our extensive search, your details surfaced in connection with this brand name.

Time is of the essence as another party is also expressing interest in trademarking the same business name. Failure to move forward with your registration may result in them acquiring federal rights, potentially leading to legal repercussions for your continued use of the name. This situation could extend to the point where they could file a case against you and claim ownership of your profits.

As part of our due diligence, we've discovered that your brand is not currently registered with the USPTO. In light of this, we are reaching out to ascertain your intentions regarding the trademark registration of "MY BUSINESS NAME” Please be advised that, in accordance with the USPTO's first-come, first-served policy, another applicant may proceed with the registration if no objection is raised from your end.

It's crucial to emphasize that, according to the Lanham Act of 1946 (§§ 1051 et seq), federal registration is a prerequisite for securing ownership rights.

Your immediate attention to this matter is essential to safeguard your rights and prevent potential legal complications. We look forward to your prompt response.

You can reach me at (213) 297-1164

Thanks & regards,

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