As I first reported nearly a year ago, unscrupulous actors have been using the USPTO and Amazon Brand Registry to attempt hijacking some accounts from Amazon.
Why? Amazon Brand Registry is a great tool. In the sign up process, Amazon verifies the brand owner and their required ownership of a registered trademark by sending an email with a code to the email address of record at the USPTO.
How? The bad actors have been trying to change email addresses on file with the USPTO to direct the Amazon Brand Registry confirmation email to them rather than to the true owner or their counsel. Because anyone can (currently) file a change of correspondence with the USPTO, the change is easy to attempt. Amazon can accept a brand registry as soon as a registration issues, but the USPTO and postal service can take a week or more for the registration certificate to arrive once the status of an application becomes “Registered” and a registration number is assigned. During the interim, the trademark owner may not know that their mark is registered and eligible for the Brand Registry.
Tips for brand owners: Here are some tips for brand owners to help address this possibility:
- Monitor your registration or application with software, such a sofTMware. That way you will know within one day of the application turning into a registration.
- Set an alert in Outlook or other email program so that if an email arrives from the US Patent and Trademark Office with the subject “Alert USPTO Change of Email Address” it will be flagged for immediate attention to that you can see if it is legitimate or needs to be address.
- If a change to the email address is filed, the USPTO will send an alert email immediately. Send an email immediately to TEAS at USPTO dot GOV to notify them of the unauthorized change.
- File a change of correspondence email address immediately back to the proper email.
Tips for attorneys: Counsel can to do the following things to help address these situations:
- Notify clients as soon as possible (via email, without waiting for the physical certificate) when the USPTO issues a registration.
- Set an alert in Outlook or other email program so that if an email arrives with the subject “Alert USPTO Change of Email Address” it is flagged for immediate attention to that you can see if it is legitimate or needs to be address.
- If a change to the email address is filed, the USPTO will send an alert email immediately. Send an email immediately to TEAS at USPTO dot GOV to notify them of the unauthorized change.
- File a change of correspondence email immediately back to the proper email.
See USPTO alert for more details.
