Matthew H. Swyers

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

1 Comment / Competence, Constitutional Law, District Court Litigation, Exclusion on Consent, Fee-Splitting, PTO Ethics Decisions, Unauthorized Practice of Law, USPTO Director Decisions / By

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.  […]

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TM Lawyer’s Attack on Constitutionality of OED Investigation Dismissed–For Now

2 Comments / IP Ethics, OED, Office of Enrollment and Discipline, USPTO Ethics Investigation, USPTO OED / By

A federal district judge has dismissed a trademark lawyer’s complaint alleging that the USPTO’s Office of Enrollment and Discipline’s (“OED’s) investigation of him violated his rights under the Fourth and Fifth Amendments of the U.S. Constitution.  The Court held that dismissal of his federal complaint was appropriate because the matters raised in the complaint are

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