On March 6, 2018 the USPTO (United States Patent and Trademark Office) announced that it has started a pilot program that makes it easy to report specimens that have been digitally created, altered or fabricated. Third parties that believe that an application contains suspect specimens can now send an email to TMSpecimenProtest@uspto.gov to report such issues.
The complaint must contain "objective evidence" of either of the following:
1. objective evidence of third party use of the identical image without the mark in question, such as the URL and screenshot from an active website or a digital copy of a photograph from a print advertisement and the publication in which it was featured,
or
2. the prior registration numbers and/or serial numbers of applications in which identical images of objects, mock ups of websites, etc., all bearing different marks have been submitted to the USPTO.
According to the USPTO notice, complaints that submitted via email will receive an automatically acknowledgement, but no other response will be sent to the party submitting the complaints. Anyone wishing to know the outcome of the matter must follow the status of the applicatrion on TSDR.
The USPTO's new pilot program indicates that emails must be received no later than the 30th day after publication for opposition. As such, this program is available to published applications within the 30 day opposition period. However, the USPTO requests that emails be submitted prior to publication whenever possible.
Even if a protest email is sent under the program against a published application, it would still be advisable to file an extension of time to oppose or an opposition to preserve rights to object to an application if the specimen protest is not acted on.
Although the USPTO did not set a deadline for the program, it did reserve the right to alter this pilot program based on operational need, including termination of the program at any time.
Please do not hesitate to contact me if you have any further questions or concerns.
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