Each year, IPWatchdog surveys a panel of intellectual property experts for their long-running "Biggest Moments in IP" series, and partner Dyan Finguerra-DuCharme noted that the USPTO's response to the rise of bad actors in China was at the top of her list in 2019.

Finguerra-DuCharme wrote that "the USPTO took swift action on the trademark side to thwart nefarious conduct stemming from China. In particular, the USPTO enacted new policies and increased internal training to deal with the influx of phony change in correspondent submissions (done to facilitate the high-jacking of brand names on online marketplaces) and the ever-rising submission of doctored specimens."

She specifically noted that the requirement for foreign applicants to engage U.S. counsel has "led to the abandonment of applications with digitally altered specimens or the entry of default judgments in Trademark Trial and Appeal Board proceedings."

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About Pryor Cashman's Trademark Group

While leveraging and protecting trademarks is essential in today’s global marketplace, there is no bulletproof plan for warding off infringers. We provide worldwide watchdog services to identify and pursue trademark infringement, false advertising, trade dress infringement and other violations of our clients’ IP rights. With diverse backgrounds that include prosecuting trademarks, examining applications for the U.S. Patent and Trademark Office (USPTO), and litigation, our attorneys work together seamlessly, aligning our services with our clients’ business goals and delivering results.