Saturday, April 13, 2019

Trademarks On The Snow - April 2019

Dateline: April 10 - 13, 2019, Mammoth Mountain, Mammoth Lakes, Calif...

Trademarks On The Snow - April 2019

 Skis and snowboards, below...


The upper deck at Main Lodge, some 50 - 60 feet above the ground is accessible by foot thanks to record snow pack at Mammoth Mountain...

Hot Chocolate, Helmet, Goggles, Gloves.... and maple glazed bacon...

Below, at the very top of Mammoth Mountain at 11,053 feet... access to the snow without ANY STAIRS!...  There is a set of stairs (20 plus) here early in the season...

Mammoth (Mountain) signage at The Outpost at Chair #14 on the backside of the resort...

Mammoth Mountain hoodie by HELLY HANSEN®.....

Skiers on Chair #22 riding up to top of Lincoln Mountain...

STEEPS BAR, below, some 10 - 15 feet below the surface of the snow!... and which is usually at ground level.... at McCoy Station...

Skis and a snowboard at The Mill at Stump Alley...

Below, K2 SKY LITE snowboard...

(Snow) Board Meeting, below...

Starbucks Coffee, the exclusive coffee brand at Mammoth Mountain...

Snowboards and skis...

#Stickers on a JEEP and its trailer...

Brand owners know that their brands need to be protected by trademarks. In the U.S., as well as most jurisdictions around the world, trademark rights are maximized via registration.

For more information about trademarks, please visit us at:

Kind regards,

William E. Maguire,
Santa Monica, Calif.

***  This blog post is not intended as legal advice. ***

All photos by & Copyright 2019 William E. Maguire. All Rights Reserved.

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Tuesday, April 02, 2019

BOGUS Trademark Renewal Date & Trademark Solicitation...

Dateline: Tuesday, April 2, 2019

Today I received an email from an overseas client who recently received a trademark solicitation that they thought was from the USPTO and which warned of expiration (misleadingly) and Renewal on April 5, 2019.  Needless to say, the client was very concerned.

For the sake of this example of a misleading and perhaps even intentionally misleading trademark notice intended to look official is a redacted (for client anonymity) version of this solicitation:

Tellingly, this solicitation references a false Registration Date of April 5, 2010.  Even the Filing Date shown on this solicitation is also false.

*** The actual Registration Date is April 5, 2011. ***

Thus, the renewal period does not begin until April 5, 2020 (not April 5, 2019).

There is a proliferation of these trademark solicitations and/or trademark scams being mailed to USPTO trademark applicants and registrants as indicated in our two previous recent blog posts.

This particular solicitation takes it one step closer to fraud with its listing of:

•  a false Filing Date;

•  a false Registration Date; and

•  a false Renewal Date.


Applicants, Registrants, and Counsel need to be aware of these on-going trademark solicitations which are designed to look official and timed to elicit a false sense of urgency.

Be careful out there.

Respectfully submitted,

William E. Maguire,
Santa Monica, Calif.

*** This blog post is not intended as legal advice.  ***

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Sunday, March 31, 2019

Yet Another Misleading & Expensive Trademark Solicitation...

Here is yet another mass mailed/expensive/misleading Trademark Solicitation sent via USPS that offers renewal of your registration at the USPTO for $1,600 for one class of goods/services, sent a year "in advance" of beginning of the renewal period.

In this case, I received this trademark solicitation near the end of March 2019.  This particular mark does not expire until near the end of March 2021.  Nevertheless, this solicitation misleadingly shouts, in effect, that your trademark is about to expire and then next to it sets forth a date in late March 2020 for its renewal.  March 2020 is only the beginning of the one year renewal period. Expiration does not occur until March 2021.

The timing of this solicitation is key. It is a year before the USPTO sends out its notices regarding renewal.

Additionally, the USPTO Trademark Assistance Center has let it be known that they want to be advised when applicants/registrants receive these solicitations.  Therefore, I sent the above-referenced solicitation to the USPTO TM Assistance Center and here is their reply, in part, which sets forth some more important information on this topic, as well as information on maintaining your registration:


Private companies not associated with the USPTO often use information from the USPTO’s databases to send trademark-related offers and notices.  Although the offers and notices may display information specific to your registration, any company that sends paperwork requesting fees for filing your maintenance documents with the USPTO is not affiliated or associated with the USPTO or any other federal agency.  All official correspondence will be from the “United States Patent and Trademark Office” in Alexandria, VA, and if by email, specifically from the domain “” 

If you receive a trademark-related offer or notice that you believe is deceptive, we encourage you to follow the steps outlined on our website at to file an on-line consumer complaint with the Federal Trade Commission (“FTC”) and if the company that sent you the notice or offer is not listed on the USPTO website, please email us at and let us know.   


As of January 27, 2015, the USPTO began sending email reminder notices of the due dates for filing maintenance documents, but only if the owner or correspondent authorized email communication.  Even if you do not receive a reminder notice, you must timely file all maintenance documents or your registration will be cancelled and/or expire and it cannot be revived or reinstated.  The requirements and dates for filing maintenance documents are included with your registration certificate.   


File your maintenance documents online through the Trademark Electronic Application System (TEAS) at . 

The only fees you will be charged are those required by law.  The USPTO does not charge additional service fees for using its online filing system. 


The Trademark Status & Document Retrieval (TSDR) database at has a new tab that allows you to view any upcoming post registration maintenance deadlines for your registration.  To see the tab, enter your application serial number or registration number and click the “Status” or “Documents” button.  Three tabs will appear:  “Status,” “Documents” and “Maintenance.”  Click on the “Maintenance” tab to see the due date for the next required maintenance filing.  If you already submitted a maintenance filing, you will see the status of any pending document.

If you have any further questions or if you require additional information, please contact the Trademark Assistance Center at 571-272-9250 and press "0". 


Finally, the cost of this alleged service being offered in this solicitation is also expensive at $1,600 for one class of goods/services.  The filing fees for the Sec. 8 & 9 Affidavit to be filed at the time of renewal for one class of goods/services is $425.  Thus, this service/solicitation is keeping over $1,000 as profit.

Yes, it's a free country. No, you don't have to have this much.

Who was it that said, "A sucker is born every minute!"...  (P.T. Barnum)

Don't let it be you.

Be careful out there.....


William E. Maguire,
Attorney at law
Santa Monica, Calif.

*** This blog post is not intended as legal advice."

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Friday, March 29, 2019

Trademark Solicitations & Scams...

Dateline: Friday, March 29, 2019

A client of mine sent me a package yesterday containing over a dozen trademark solicitations and trademark registration/renewal scams.

Below are nine (9) of these misleading solicitations and scams.  

U.S. Trademark Applicants and Registrants need to be aware of these solicitations and scams in order to avoid spending money on uncertain services and/or outright scams.


note: these solicitations offer renewal services supposedly.  The concern is obviously that you would actually pay money to these services and whether or not they would actually do the work you expected them to is uncertain.  These solicitations are by and large misleading at best and are purposely designed to look official, in spite, perhaps, of the fine print to the contrary.

1.  PTMI






note:  This invoice is for USD $1,800.  (Eighteen Hundred Dollars).  Having your U.S. trademark registration listed in this catalogue is like having a star named after you in a book registered in the U.S. Copyright Office.  And this company is based in Hungary.

2.  GLOTRADE s.r.o.  Global Trademarks Protection

note:  For USD $2,890 you get nothing of value with respect to your U.S. trademark registration. Read the fine print. For example, it states, in part, "The publishing of the public registration of your trademarks is the basis of our offer. We offer our similarity service that protects your trademark from copyright infringement..."  (emphasis added).  

 3.  WPTR  Registration of International Trademark Renewal

note:  This offer for the price of USD $2,356 is offered to U.S. trademark applicants who have recently had their applications approved for publication and published by the USPTO.  On the face page of this so-called offer nothing of certainty is even offered.

4.  WTP Trademark Publication

note:  This company offers you for the price of USD $1,380, this company offers you "the registration of your brand in our private database..."  Yeah, so what?!...  Send your money to Miami if you dare and have money to burn for nothing of value in return.

5.  ITP  Trademark Publication

note:  Look carefully and you will see that this scam is from the same company as in 4 above re WTP  Trademark Publication.  This one is $40 cheaper at $1,340.  You get the same worthless "registration of your brand in our private database..." 



Here is a link to information offered by the USPTO on misleading notices:

"Caution: misleading notices

Don't be fooled by potentially misleading offers and notices from private companies

Some trademark applicants and registrants have paid fees to private companies, mistakenly thinking they were paying fees required by the USPTO. We do not endorse any of these private companies and you are not required to use them."

If you have more than one trademark on file at the USPTO, then you too are likely receiving these misleading solicitations and/or scams in the mail many times over.  I tell my clients to send them on to me for inspection at no charge or to throw them away. Be careful out there because there are companies and individuals trying to get you to part with your money for either uncertain services or they are outright scams.

Respectfully submitted,

William E. Maguire,
Santa Monica, California, USA

*** This blog post is not intended as legal advice. ***

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Tuesday, December 18, 2018

Happy Holidays!...

Happy Holidays to you and yours!...

We hope you enjoy some time off to connect with family and friends as we welcome in the new year.


Will Maguire,
Law Offices of William E. Maguire

Wednesday, July 11, 2018

Sparkling Water At The Beach + Trademarks...

Trademarks at the beach...  Today's featured trademark is a can of SIMPLY BALANCED® black cherry sparking water, ironically and simply balanced in the steady hand of a local beach lifeguard at Will Rogers State Beach, in Pacific Palisades, Calif.

Turns out that SIMPLY BALANCED® is an in-house brand for both food and beverages owned by Target Brands, Inc. which operates the national chain of TARGET® stores.

A cursory search of the TESS trademark database at the USPTO shows at least two trademark registrations covering sparkling water in International Class 32.  One is in standard character format and another is in stylized format for the following design (which is also featured in use in the above photo):


One commentator recently opined that this TARGET® in-house brand is already cutting into the profit of industry sparkling water leader LA CROIX®.

Target started selling a line of flavored sparkling water through its in-house brand, Simply Balanced, a couple years ago."


Respectfully submitted,

William E. Maguire

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Friday, May 25, 2018

#INTA2018 SEATTLE: #Donuts and #Trademarks

#INTA2018 in Seattle, WA, was not just about #Trademarks and #MCLE credits and #Meetings with associates/clients. It was also an opportunity to conduct R&D on Donut Trademarks...

Friday, May 18:

After a mid day visit to #MOPOP (aka, the Museum of Popular Culture) at the Seattle Center... my next stop was TOP POT DOUGHNUTS®, which also happens to be a U.S. Federally registered service mark:

The classic Glazed Ring Donut with a cup of coffee below...

*** Trademarks include:

TOP POT®, in Class #30 for Bakery goods; coffee; tea; pastry; doughnuts.

TOP POT HAND FORGED DOUGHNUTS® (stylized) in bakery goods, coffee, doughnuts, pasty [, and tea]. 

Saturday, May 19:

The next morning on my way to the Convention Center from my hotel, I "just happened" along famed Seattle Donutery, MIGHTY-O DONUTS®...  The #sustainable #organic choice in donuts in Seattle!... and it is also registered with the USPTO.

The choice in donut below is the Award winning as best donut in Seattle, the Nutty French Toast!...

Sunday, May 20:

Sunday morning I stopped by again but this time I wore a vintage felt hat that I bought at a resale shop in downtown Seattle the previous evening...  Sorry, no label inside this beautiful hat so the jury is out on the brand name and trademark...

Donut:  Chocolate/Peanut Butter, below:

Monday, May 21:

Another nutty French Toast donut this morning... because it was so good!

*** Trademarks Include:

MIGHTY-O DONUTS® (stylized) in Class #21 for mugs and Class #35 for retail store services featuring organic donuts, coffee, mugs and t-shirts.


That evening, as an aside, I was asked if I would like Fries with my pizza at the E-Trademarks ListServ Reception... to which I responded, Why Yes, Thanks!...

Tuesday, May 22:

Chocolate Peanut and Chocolate Glaze and Chocolate Filling... along with a Mighty-O Donuts sticker and a cameo featuring some INTA swag in the form of a handy coin purse promoting the UNREAL campaign which focuses attention on #counterfeiting...

Wed., May 23:

The final day of #INTA2018... begins in the morning, once again, at MIGHTY-O DONUTS®:

Today, I tried something new as it was the last day... so I ordered the JELLY-O, a classic jelly donut filled with raspberry jelly.

Later that day in the afternoon after lunch and before the Grand Finale event at the Space Needle, I had to stop by again to the Holy Grail of Seattle Donuts, namely, TOP POT DOUGHNUTS®:


Six additional pounds later, there will be no more donuts had by the undersigned until the First Friday in June... which is, of course, National Donut Day...

Respectfully submitted,

William E. Maguire
Santa Monica, Calif.

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