TRADEMARK SQUATTER (TMS)
Don't Sit and Wait, Stop Alien TMSs, TM Bullies and Alien Apes in Evolution!
The TMSTrademark Squatter (TMS) is one who files a trademark application for a first party*s already registered trademark in a first country by the TMS in a second country where the first party does not currently hold a trademark registration, by taking advantage of the universal first-to-file trademark system outside the borders of US with an intent to sell the trademark to the first party. The TMS may achieve this by a settlement with the help of trademark opposition also known as trademark bullying, when the first party files an application for TM registration in the second country. It can be difficult, costly, and time-consuming to have an existing registration owned by the second party canceled, as the owner of the mark enforces its rights for trademark infringement against the first party who is the second filer in the second country. The second party can detain products of the first party enforced by customs officials of the second country at the port of entry. With 95 percent of the world's consumers living outside the walled and fortified borders of US, it is critical for all US businesses to export their products and services not only without any barriers and fortifications at the borders of any alien country, but also without any trademark infringement issues in the alien country of interest. Therefore, it is very important for a US business to prepare accordingly knowing that the exceptional laws of US are not accepted in the universal law practicing alien countries.
Who Should Worry About the TMS?Any US company, large, small, or micro, is a potential target for the greedy TMS, provided that there is money in it. Just like for a patent infringement, the product protected by the trademark must be attractive in the global capitalist market. In some cases, to the chagrin of US, the hypocrisy of US is mirrored by the alien capitalist TMS who may be an alien manufacturer, distributor, or retailer in an alien country and obtain rights for your trademark in the alien country. In other cases, it could be any person located anywhere in the world including a 400 pounds American teenager in its parents* basement in Washington or Timbuktu who learns about your plans for expansion to an alien country through the exercise of various rights under the Constitution of US and espionage techniques including cybercrimes breaching the walls and barriers erected by US, and then registers your mark first in the alien country of your interest to squat; just to name an example from the many ways trademark squatters can find out about your mark and register it.
What To Do?To save US from this catastrophe, the USPTO provides training for small and medium entities of legal personhood under the SCOTUS' rubric of Citizens United on protecting and enforcing intellectual property (IP) rights within US and abroad where borders maybe breached with impunity. Last year, the USPTO conducted 40 such training programs, reaching an audience of more than 4,200 people, some of them are certainly illegal aliens of criminal pedigree.