In the increasingly fierce global business competition, the protection of intellectual property rights is becoming more crucial. On February 24, 2025, the United States Patent and Trademark Office (USPTO) issued a 531 page sanction document, involving over 42000 US trademarks. This document is not an isolated incident, but a supplement made by USPTO based on the orders issued on September 7, 2022 and November 27, 2023.

The author of this article

Zeng Lihong Saienbeiji Trademark Operation Department

1、 Review of USPTO series sanctions actions

(1) Order of September 7th, 2022

The USPTO disclosed for the first time in the order that Shenzhen Maimou Growth Network Technology Co., Ltd. and its subsidiaries have committed numerous serious violations in the trademark application process. This includes forging signatures, which seriously violates the principle of good faith; Providing false information disrupts the normal review process; And unauthorized signing of documents undermines the integrity of USPTO trademark examination and registration decisions. Based on this, USPTO requires relevant companies to provide a reasonable explanation for why they should not be subject to sanctions, while clearly stating that they may revoke the relevant trademark registration.

(2) Order of November 27, 2023

As the investigation deepens, USPTO points out in this order that the aforementioned companies also engaged in similar violations during the maintenance phase after trademark registration. They continue to forge signatures and provide false information in an attempt to maintain the validity of trademark registration. USPTO once again requests relevant companies to explain the reasons why they should not be further sanctioned and to clarify that more trademark registrations may be revoked.

(3) Supplementary Statement of Reasons Order on February 24, 2025

On the basis of comprehensive preliminary investigation, USPTO has further confirmed that Shenzhen Maimou Growth Network Technology Co., Ltd. and its subsidiaries have engaged in a large number of violations throughout the entire process of trademark application and post registration maintenance. Therefore, USPTO has decided to re-examine the relevant registration decisions, which means that a large number of trademarks are at risk of being revoked. At the same time, USPTO requires relevant service providers and trademark owners to submit a written response by March 26, 2025 Eastern Time, stating the reasons why the trademark registration should not be revoked, otherwise more severe action will be taken.

In fact, USPTO’s regulatory actions against Chinese agencies have a long history. Since 2017, sanctions have been gradually issued to Chinese agencies, strengthening supervision of agencies and increasing scrutiny of trademark applications. Starting from August 3, 2019, USPTO requires foreign trademark applicants to be represented by lawyers holding US practice qualifications in their trademark patent applications in the United States, aiming to reduce abnormal applications and false use evidence by Chinese black agents. In 2020, USPTO issued multiple official notices regarding the adjustment and strengthening of evidence review for US trademark use, and raised the official fees for US trademark applications starting from January 2, 2021.

2、 Trademark owner’s response strategy

(1) Confirm whether the trademark is affected
Carefully check the trademark list: The trademark owner must carefully verify the trademark application and registration numbers listed in the sanction order documents issued by USPTO, and check them one by one to determine whether their trademark is included.
Comprehensive verification of trademark status: Log in to the TSDR system on the USPTO official website( https://tsdr.uspto.gov/ )Conduct a detailed inspection of the status of the trademark under your name, with a focus on whether there are any abnormal states such as “Terminated” or “Abandoned”.
In depth verification of trademark history documents: Conduct a comprehensive review of trademark history documents to confirm whether there are any situations such as evidence fraud (such as PS product images, fictitious sales links), lack of qualifications for proxy lawyers (non US practicing lawyers submitting applications), or false identity of applicants (incorrect address/company entity).
Contact the agency in a timely manner: If the trademark is applied for through an agency, contact the agency immediately to inquire about any violations, such as forging signatures or providing false information.

(2) Seeking professional legal assistance
Hiring a US practicing lawyer: According to USPTO regulations, foreign trademark applicants must be represented by lawyers with US practicing qualifications. Once a sanction order document is received, or there are doubts about whether there are any abnormal or irregular situations in the trademark application, the trademark owner should promptly hire a professional American practicing lawyer through a formal agency. Lawyers are able to conduct a comprehensive assessment of the case situation and develop targeted response strategies.
Accurately assessing the severity of violations: Lawyers can assist trademark owners in thoroughly analyzing the specific content of USPTO allegations, accurately determining whether there are violations, and whether they can seek legal means to retain trademark registration.

(3) Prepare and submit response documents
Strictly submit responses within the specified time: USPTO explicitly requires relevant parties to submit written responses before March 26, 2025 Eastern Time in the United States. The trademark owner should, with the professional assistance of a lawyer, carefully prepare detailed explanations and relevant evidence to fully explain why the relevant trademark registration should not be revoked.
Provide authentic and valid evidence: If the trademark owner believes that the USPTO’s allegations are unfounded, they should provide authentic, legal, and persuasive evidence, such as evidence of trademark use, authorization documents, etc., to prove the compliance of the trademark application.

(4) Resubmit a compliant trademark application
Consider reapplying for a trademark: If the USPTO ultimately rules to revoke the relevant trademark registration, the trademark owner may consider resubmitting a trademark application that complies with USPTO rules. During the application process, it is essential to ensure that the application materials are truthful, complete, and free from any defects.
Ensure compliance with usage evidence: When reapplying, the trademark owner should strictly comply with USPTO requirements and provide truthful and reliable usage evidence to avoid rejection of the application due to false evidence.

(5) Internal review and rectification
Review of agency behavior: If the trademark is applied for through an agency, the trademark owner should conduct a comprehensive review of the agency’s behavior to confirm whether there are any violations such as forging signatures or providing false information.
Change compliant agency: Once a problem is found with the agency, it should be immediately replaced with a compliant agency to ensure that future trademark applications fully comply with USPTO regulations.

(6) Pay attention to the policy changes of USPTO
Stay informed of the latest policies: In recent years, USPTO has continuously strengthened its supervision of overseas trademark applications. Trademark owners should closely monitor USPTO’s policy developments to ensure that future trademark applications always meet the latest requirements.
Enhance compliance awareness: Trademark owners should strengthen their learning of US trademark application rules, deeply understand various regulations, and avoid rejection of applications or revocation of trademarks due to lack of understanding of rules.

(7) Dealing with possible trademark revocation
Scientific evaluation of trademark value: If a trademark is unfortunately revoked, the trademark owner should objectively evaluate the market value of the trademark and decide whether it is worth reapplying for.
Multi channel protection of brand rights: Even if the trademark is revoked, the trademark owner can still protect the brand rights through other means, such as copyright, to prevent brand damage caused by trademark invalidation.

3、 Summary

Faced with USPTO sanctions, trademark owners need to act quickly. Firstly, confirm whether the trademark is affected, then seek professional legal assistance, carefully prepare response documents, and resubmit compliant trademark applications if necessary. At the same time, trademark owners should strengthen their scrutiny of agency agencies to ensure that future trademark applications strictly comply with USPTO regulations and avoid similar issues from happening again. Through these proactive and effective measures, trademark owners are expected to maximize their protection of their rights and achieve compliance in the USPTO sanctions storm.