Chinese Amazon Sellers Filing US Trademarks Using the Names of Dead Attorneys to Circumvent USPTO Rules

​What is happening?

Some Chinese Amazon sellers and Chinese trademark agencies are filing US trademarks using the names of dead and fictitious U.S. attorneys. This is an attempt to circumvent the USPTO rule that requires non-US persons to use a US-based attorney when filing a trademark application.

​Why are they doing this?

​There are a few reasons why Chinese Amazon sellers may be doing this. First, it can be difficult and expensive to find a US-based attorney to file a trademark application. Second, some Chinese sellers may not be aware of the USPTO rule that requires them to use a US-based attorney, or they may be using an agency that has not revealed to them the agency is using this practice. Third, some Chinese sellers may be trying to deceive the USPTO into thinking that they are US citizens or residents.

​What are the consequences of filing a trademark application using the name of a dead attorney?

If the USPTO discovers that a trademark application was filed using the name of a dead attorney, the USPTO will suspend the application. The USPTO will then send a notice to the applicant informing them of the suspension and giving them a deadline to cure the defect. If the applicant does not cure the defect by the deadline, the USPTO will abandon the application.  In addition, Amazon will often deny a brand registry application to a seller they believe circumvented the USPTO rules.

How can AMZ Sellers Attorney®'s supervising attorney Kenneth Eade substitute help on these types of cases to cure the administrative suspension?

If you are a Chinese (or even U.S.) Amazon seller who has received a notice from the USPTO that your trademark application has been suspended because you filed it using the name of a dead attorney, you should contact AMZ Sellers Attorney® as soon as possible. Their attorney, Kenneth Eade, is a licensed U.S. lawyer.  If he takes your case, Mr. Eade can substitute in as your attorney and file an application to cure the administrative suspension.

To cure the administrative suspension, Mr. Eade will:

1. File a substitution of attorney with the USPTO naming himself as your attorney.
2. File a response to the USPTO's notice of suspension and order to show cause. In the response, he will explain that the trademark why the application was filed using the name of a dead or disqualified attorney. He will also provide the USPTO with evidence that you are the true owner of the trademark.
3. Once the USPTO receives Mr. Eade's response, it will review the case and decide whether to lift the suspension. If the USPTO lifts the suspension, your trademark application will be processed as normal.

​How to avoid having your trademark application suspended

To avoid having your trademark application suspended, it is important to make sure that you use a US-based attorney to file your application. You should also carefully review your application before submitting it to the USPTO to make sure that all of the information is accurate and complete.

If you have any questions about how to file a US trademark application, or if you have received a notice from the USPTO that your application has been suspended, you should contact AMZ Sellers Attorney® as soon as possible. Mr. Eade can help you protect your trademark rights and avoid costly mistakes.