Fraud to the USPTO Lawyer - Francelina M. Perdomo Klukosky of Perdomo Law

A USPTO fraud lawyer can assist individuals and businesses when someone uses a trademark or a patented item without permission. The attorney will review the details of the complaint and usually begin by contacting the suspected offender. Most often, the contact will involve a cease-and-desist letter. The letter informs the offender that the patent or trademark owner knows of their fraudulent actions. The documents will insist the behavior cease immediately and warn of the potential legal actions that will happen if they fail to follow the order.

Many people will stop their behavior after receiving the letter. Lawsuits become necessary when someone ignores the instructions. A USPO fraud attorney may recommend filing a claim even after an offender stops their illegal behavior. A legal filing helps recover financial damages that may result from the sale of counterfeit items. The lawsuit could also help protect against future legal actions against the patent or trademark holder. Consumers who bought fake goods may file claims for damages. A lawsuit against the counterfeiter can help because it provides proof the patent or trademark holder was not involved in the counterfeiting venture.

Companies or individuals may ignore criminal behavior involving counterfeit sales because of the time and money involved in legal proceedings. Doing so can cost the company much more than they expect. Not protecting a trademark can make it less distinctive to consumers or cause it to become associated with items of inferior quality. The mark may no longer have the positive impact intended and could even harm the company that patented it. A trademark placed on dangerous products could cause the registered owner to be potentially liable for damages, even for illegally marketed items.

An attorney can benefit people as they apply for a trademark or patent. The legal guidance can avoid mistakes or omissions that could slow down the approval process. Contact a USPTO Fraud Law Firm whenever there is any known fraud or suspicion of abuse or illegal use of a trademark or patent. Speak with an attorney if a former business partner uses a company trademark unethically or markets products against the orders of a formal agreement.

An attorney can also assist those uncertain if they have a case. The owner may not know if they are fraud victims and what resources they have available when the misuse occurs in another state or country. Patents do not last forever. Many patents expire 20 years or less from the application filing date. Intellectual property protected in the United States may not have any protection in markets outside the U.S. borders. An attorney can research the details and inform their client of their rights and options.

Trademarks and patents are a necessity for every business owner. Protecting intellectual property and a business reputation are vital to creating and maintaining a successful enterprise. The complexity of patent laws and the difficulty of understanding the protections available in international markets can prevent individuals from seeking help. No one should ignore fraudulent behavior or feel incapable of fighting back when criminals use their property without permission. Help is available.