Ironic? USPTO infringement via the matching .com domain name

The United States Patent and Trademark Office (USPTO) is a federal agency responsible for granting patents and registering trademarks in the United States. It operates under the Department of Commerce and helps protect intellectual property rights by:

  • Granting Patents: The USPTO examines and issues patents for inventions, giving inventors exclusive rights to their creations for a certain period, typically 20 years from the filing date.
  • Registering Trademarks: It registers trademarks, which include brand names, logos, slogans, and other identifiers used in commerce to distinguish goods or services.
  • Maintaining Public Records: The USPTO provides searchable databases of granted patents and registered trademarks, which help prevent intellectual property disputes.
  • Educating the public: It also offers resources to help inventors, businesses, and legal professionals understand intellectual property laws and protect their innovations.

It comes as no surprise that the USPTO has registered the acronym, USPTO, as a trademark with …itself! 😃 There is also a stylized text variant registration for USPTO.

Meanwhile, a newly registered domain name, USPTOinfringement.com, pretends to be an expert in trademarks. It invites its visitors to use their paid-for services in order to “Safeguard your name, logo, slogan, or products from unauthorized use and prevent competitors from profiting off your hard work.”

Of course, by using the terms “USPTO” and “infringement” together, the web site attempts to pass off as a branch of the USPTO and utilize an invalid term such as “USPTO infringement” in reference to patent or trademark infringement, which involves violating the rights granted by the USPTO through patents or trademarks.

The USPTO itself does not enforce patent or trademark rights—it only grants them. Enforcement is up to the patent or trademark owner, typically through the court system.

In this case, the USPTO could proceed with protecting its registered trademark by filing a UDRP with the WIPO, Forum, or any other global domain dispute platform. It would be fairly easy, in our opinion, to present its existing mark along with the manner in which the offending web site is attempting to infringe on it.

Story kudos: Erik Pelton.

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