Misuse of address on a trademark application

[legalinfo123]

I know for a fact this person does not possess any kind of US visa nor is living here in US. But has provided my residential address and phone number without my consent in an US trademark application under permanent address field. What are the consequences of providing false information on US application especially by a foreign resident? Can I report this as fraud and take any action against this person?

 

[Zigner]

I know for a fact this person does not possess any kind of US visa nor is living here in US. But has provided my residential address and phone number without my consent in an US trademark application under permanent address field. What are the consequences of providing false information on US application especially by a foreign resident? Can I report this as fraud and take any action against this person?

How do you know this "for a fact"?
If you receive mail that is not addressed to you but has your address, the proper thing to do is:

• Write "Not at this address" on mailpiece.
• Don't erase or mark over the address.
• Provide the mailpiece to your mailperson or drop into a Collection Box receptacle.

(https://faq.usps.com/s/article/How-is-Undeliverable-and-Misdelivered-Mail-Handled)

 

[legalinfo123]

How do you know this "for a fact"?
If you receive mail that is not addressed to you but has your address, the proper thing to do is:

• Write "Not at this address" on mailpiece.
• Don't erase or mark over the address.
• Provide the mailpiece to your mailperson or drop into a Collection Box receptacle.

(https://faq.usps.com/s/article/How-is-Undeliverable-and-Misdelivered-Mail-Handled)

I know this person personally and despite my clear objection, address was included in the application. The person also asked me to lie to authority in case there was an inquiry which I clearly denied to do so. I am not particularly concerned about the mail, it is the misinformation provided in the application. Should I report it to USPTO?

 

[FlyingRon]

Read and follow Zig's instructions. It matters not whether you know this person or not. Unless he's made a forwarding order with the USPS, it will be returned to the sender. You have no other course of action.

 

[Zigner]

I know this person personally and despite my clear objection, address was included in the application. The person also asked me to lie to authority in case there was an inquiry which I clearly denied to do so. I am not particularly concerned about the mail, it is the misinformation provided in the application. Should I report it to USPTO?

I once again ask how you know this "for a fact". Did you actually see the application immediately before it was submitted?

 

[FlyingRon]

And what if he did? I'm not seeing a course of action here. If he fails to give the USPTO an address that he will receive correspondence from, he's not going to get very far. If you RTS the subsequent correspondence they won't ever approve it.

 

[adjusterjack]

Should I report it to USPTO?

That's up to you.

 

[quincy]

I know for a fact this person does not possess any kind of US visa nor is living here in US. But has provided my residential address and phone number without my consent in an US trademark application under permanent address field. What are the consequences of providing false information on US application especially by a foreign resident? Can I report this as fraud and take any action against this person?

You can contact the USPTO and make corrections to an application. Follow the instructions at the USPTO link provided below.

https://www.uspto.gov/trademarks/apply/after-you-file

The person you know might not be aware that he can file for a U.S. trademark from a foreign country without having a U.S. address. He can visit the World Intellectual Property Organization site and find information on filing from his country. https://www.wipo.int

 

[FlyingRon]

Again, his registration is going nowhere if he hasn't put an address on it that he will receive the correspondence on.

 

[quincy]

Again, his registration is going nowhere if he hasn't put an address on it that he will receive the correspondence on.

Well ... the foreign friend DID provide an address where he can receive communications from the trademark examiner. Legalinfo123 just wants no part of the deception.

What is required on the application is a declaration of citizenship and a mailing address. The applicant must swear that all facts provided in the application are true.

What the friend could have an issue with (other than legalinfo123’s objection to the use of his identifying information in the application) is his use of the trademark in commerce, without evidence of which his application (if not an “intent-to-use” application) will not be complete. He needs to provide a specimen.

If the friend is trying for registration of a mark in the US because the identical mark is registered in his home country, it could be possible to do that, depending on the specific mark. Registration in other countries is (rebuttable) proof of ownership of the mark whereas in the US the (rebuttable) proof of ownership comes from first use in commerce and not registration.

 

[FlyingRon]

Right, but what happens when you file for a registration is you'll get contacted once it's assigned to an examiner. That occurs at the address you provide. Now if the OP wanted to forward the correspondence that would be one thing, but if he RTS (or just discards) it, the registration isn't going to happen.

He has no obligation or damages otherwise. I'm not sure what he's after.

 

[quincy]

Right, but what happens when you file for a registration is you'll get contacted once it's assigned to an examiner. That occurs at the address you provide. Now if the OP wanted to forward the correspondence that would be one thing, but if he RTS (or just discards) it, the registration isn't going to happen.

He has no obligation or damages otherwise. I'm not sure what he's after.

Agree. I am not sure what legalinfo123 wants either.

There are ways for him to correct or to let his friend know how to correct the application, though, if he chooses to do so. Or he can ignore it all, send whatever he received in the mail back “to sender” and let the trademark application die.

 

[zddoodah]

What are the consequences of providing false information on US application especially by a foreign resident?

If the PTO is advised of the situation, it would likely reject the application.

Can I report this as fraud

It's not fraud, but you can report anything you want to anyone you want.

and take any action against this person?

Take what action? You've suffered no legal wrong.

I know this person personally and despite my clear objection, address was included in the application.

How do you know? Do you have a copy of the application? Have you been contacted by the PTO relating to the application?

Should I report it to USPTO?

Up to you.

 

[quincy]

The USPTO will either reject the application or will add the correct name/address and contact the friend/applicant.