“The Trademark Company” Pivots To A Copyright Company

Michael E. McCabe, Jr.Exclusion on Consent, PTO Ethics Decisions, PTO Ethics Rules, Trademark ethics0 Comments

“The Trademark Company,” whose owner Matthew Swyers agreed last month to give up his license to practice before the USPTO, ending a three-year ethics battle, appears to be alive.  While still operating under the old name, logo and URL, The Trademark Company has shifted gears away from offering trademark-related services and is now offering only copyright-related services. According to its … Read More

Epic Ethics Legal Battle By Trademark Company Owner Ends Quietly With Resignation

Michael E. McCabe, Jr.Competence, Constitutional Law, District Court Litigation, Exclusion on Consent, Fee-Splitting, PTO Ethics Decisions, Unauthorized Practice of Law, USPTO Director Decisions0 Comments

The three-year ethics saga between Matthew Swyers, owner of The Trademark Company, and the USPTO’s Office of Enrollment and Discipline (OED), ended with a whisper, with Mr. Swyers agreeing to resign from practicing before the USPTO.  By entering into what is called an “exclusion on consent” agreement, Mr. Swyers voluntarily gives up the ability to provide U.S. trademark-related legal services for a minimum of five (5) years.  A copy of the exclusion … Read More

Five Strikes And You’re Out At The USPTO

Michael E. McCabe, Jr.Exclusion on Consent, Failure to Communicate, Misrepresentations, Neglect, Unauthorized Practice of Law0 Comments

The USPTO Director excluded a patent attorney on consent following a disciplinary investigation arising from numerous alleged violations of the USPTO’s ethics rules.  See In the Matter of Edward Etkin, Proc. No. D2016-05 (USPTO Dir. Jan. 8, 2016). The OED conducted a disciplinary investigation into the conduct of patent attorney Edward Etkin of Brooklyn, New York. The OED found that … Read More