“A man’s got to know his limitations” – Clint Eastwood, Magnum Force (1973) The USPTO’s Office of Enrollment and Discipline has become increasingly active in the last several years, particularly in investigating business or general practice attorneys who dabble in trademark law. Many have learned the hard way–through an ethics inquiry and possible disciplinary decisions–regarding …
Emil Ali has been keeping very busy representing trademark practitioners in USPTO ethics investigations and disciplinary proceedings. Next Thursday, May 12, Emil will be sharing his insights into the perilous ethical landscape faced by trademark counsel, in a live online webinar. Every trademark practitioner should watch and learn from the mistakes others have made! This …
Trademark Ethics: 5 Things That Might Keep You Up At Night Read More »
Following a recent report issued by the Department of Commerce, Office of Inspector General, as well as a plethora of recent disciplinary actions published by the USPTO’s Office of Enrollment and Discipline, many practitioners have done a retrospective analysis of their trademark practices with clients and agencies in China. But is it time to give …
Working with Chinese Trademark Agencies – A Dangerous Game, or Delicate Tightrope? Read More »
Last week, we provided commentary regarding a scathing report issued by the Inspector General of the Department of Commerce (“OIG”). Since that time, the USPTO published a blog post, penned by Drew Hirshfeld, performing the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director, and David Gooder, Commissioner for Trademarks. …
USPTO Responds to OIG Report – Continues to Blame Attorneys and Foreign Agents Read More »
On August 11, 2021, the Inspector General of the Department of Commerce (“OIG”), which oversees the USPTO, issued a scathing report on the state of the USPTO’s control over the integrity of the Trademark Register. The report discussed a number of areas of concern, including the enforcement of the U.S. Counsel rule, as well as …
DOC OIG Slams USPTO’s Handling of Foreign Trademark Filings, U.S. Counsel Rule Read More »
As we noted in a prior post, the USPTO has gone on record allowing U.S. practitioners to partner with foreign attorneys by way of ownership of law firms, without violating the USPTO Rules of Professional Conduct. However, practitioners continue to be surprised when they are told that practitioner relationships with foreign associates and agents outside …
Top Three Things IP Practitioners Must Know When Working With Foreign Associates Read More »
The letter comes in the mail from OED asking you a few questions about a handful of trademark applications, including whether each form was electronically signed by the respective applicant or attorney. The light bulb still has not hit—you ask yourself who is OED, and why are they asking about signatures. You read further into …
On Monday, June 1, 2020, I will be moderating an ethics webinar panel discussion on behalf of the ABA’s Intellectual Property Law Section (for which I serve as Chair of the Ethics and Professional Responsibility Committee). The webinar is entitled “A Look at the USPTO’s Focus on Declarations” and will focus on ethics issues relating …
New IP Ethics CLE: A Look at the USPTO’s Focus on Declarations Read More »
