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Trademarkcounter.com Reports & Reviews (2)

- Waterbury, CT, USA • Apr 30, 2023

person is pretending to be a business and using a scare tactic to force me into either trademarking my username with their company or giving up my rights to a username I designed myself using the characters of my full name.

legal <[email protected]>

6:46?PM (1 hour ago)

to me

Hi (first and last name)

Hope you're doing well.

This is Sean Allen from the legal team of Trademark Counter. I was contacting you in regard to a similar trademark application for the Business name that "username" our legal team has received. Upon searching the business name in our database, your information popped up and we came across your information. Therefore, as per the company's policy, we would like to know if you are willing to trademark and protect the business name under your ownership or if should we honor the other applicant on file. We are giving you the benefit, as you are an existing client.

As per the federal law below trademarking is honored on a first come first served bases with the patents office.

As per the Act of 1946 §§ 1051 et seq, it is mandatory to register your mark to hold the ownership rights federally.

Need to hear from you on immediate bases or we'll be obliged to register the trademark for the other applicant since we're not in a position to hold the application any longer.

Sean Allen| Support Team.

Web:trademarkcounter.com

Direct Line : (661) 310-0095

WhatsApp : (706) 604-1241

TradeMark Counter - CA</[email protected]>

I hired Trademark Counter to file two trademark applications for me as I didn't know anything about the process and felt $49 was a decent price for the convenience of someone else filing the application for me. I understand that I still have to pay the trademark filing fees and any other fee that arise from the USPTO. I requested that one of my trademarks have three assigned classes and that the other trademark had two classes. I later found out that, though they charged me the full price for all of the requested classes for both trademarks ($1,750), they only actually filed both of my trademarks with one class each (they pocketed the rest of the money). I didn't notice this at first. Shortly after filing my trademark (within 1-2 months), I was highly encouraged to also file trademarks for both my slogan and logo so that "everything could be kept together". I refused this as I understood that things did not have to be filed together and I didn't have the money to submit additional filings. Again, they suggested that my logo and slogan had the same three classes as my primary trademark. I now suspect that they wanted additional money and that they would've again only filed one class per the slogan and the logo and pocketed the money for the other classes they did not file. Anyways, I did dodge that bullet. Moving along, about 6-8 months into my application process I was informed that my application would not go through because I was required to add an IP attorney on it. Everywhere I researched on the USPTO website/YouTube said an IP attorney was not required. I pushed back but I was instructed that my applications would be canceled and the $1,750 I spent on the initial filing fee would not be refunded. They "forwarded me an email" from the USPTO office that said, for compliance, my application needed an attorney. I figured that maybe because the company I was working with was foreign, that a US-based attorney needed to be on record. The guy I had been speaking to had a thick accent. They had a lady call me pretending to be from the USPTO telling me that my application was not in compliance. She was also foreign but my thought wasn't that either of these people are scamming but more so just thinking both organizations (Trademark Counter and USPTO ) have diverse hiring practices (laughing at myself now). Anyways, I let my guard down and caved into adding the IP attorney because I did not want to forfeit the $1,750 I already paid. They told me IP attorneys normally charge $400/hr but that they would have an IP attorney look over my entire trademark from start to finish for a flat $1,400. This was per application. I did the math and was thinking, "Well after 4 hrs it would pay for itself if I used their IP attorney". I also thought that since the process is 12-18 months long, I would surely get my money's worth by having the IP attorneys look over my application. I shelled out the $2,800 to have IP attorneys assigned to both of my applications. I only recently found out that no IP attorney was assigned to either one of my applications. Understanding that the trademark process can take 12-18 months, I wasn't really regularly checking on things. I saw that my trademark made it to the TESS system and I did notice that some classes were missing but I chalked it up to maybe I wasn't seeing a full view of things. Almost a year into the process, Trademark Counter came to me and told me that my trademark has been approved by the examiner but in order for it to receive its official registration number, I needed to pay another $3,000 dollars. This communication was sent to me by my contact at Trademark Counter and he attached two PDFs (one for each trademark application) bearing the USPTO seal and letterhead. The seal had very bad pixelation around the edges like a poor photoshop job from a photocopy of a document they might've received in the past. This is where everything caught my attention. I was also concerned that neither of these communication came to me directly from a USPTO email address and certified mail but instead were only drafted as emails to me directly from Trademark Office and that I was supposed to take their word that they were from the USPTO. I asked for documentation on the USPTO website where this fee for my registration number was mentioned because nothing I read indicated this as a step in the process or on the fee schedule. They refused to provide that information. They also didn't provide the correct terminology

or the correct next steps where my own research told me that the next step being my trademark would be published for opposition. When I asked about this, they told me that the USPTO was talking to my assigned IP attorney directly and they were not authorized to provide me that information but that I could contact my IP attorney they assigned (a gmail email address, not an email address from a law firm), and that I could contact this supposed person from the USPTO office. The name and number they provided were fraudulent as it was just another person in on their scheme like the other lady they had call me months back. So before paying this money, I wanted to clear things up with the USPTO directly and call the number listed on their website, not the number that was provided to me by Trademark Counter. I spoke to a representative and told them the situation and asked if they could check my filings. I provided the serial numbers and that's when she told me my trademarks had only been filed with one class each and that my trademark is still too early in the process to receive a registration number. That an examining attorney had not even been assigned and that Trademark Counter never assigned their/my own IP attorney to my trademark. The USPTO representative also informed me that I could use their website to look up any documents that they would have sent regarding my application. These would be documents that my supposed IP attorney would have received. I followed the instructions and no documents since my initial filing had been sent.

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