Last week, I discussed the USPTO’s new rules, including the requirement that applicants supply an email address to which they have direct access (in addition to any email address provided by the Attorney of Record). This particular requirement prompted an outcry from trademark practitioners concerned that it would lead to an increase in attempts by scammers to defraud brand owners out of fees. In response, the Trademark Office revised the rule slightly, removing the requirement that brand owners have direct access to the email address and regularly review email received at that address. It also agreed that the address could be created, maintained, and monitored by an attorney. As revised, then, the Trademark Office is still requiring a separate email address for applicants from that for the Attorneys of Record; however, the separate email address may be created solely for the purpose of listing it on trademark applications, and may be monitored by trademark lawyers.
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