Friday, 21 October 2011

The Scams are Third Parties - Who is Second Then?

Reading decisions on requests for restitutio in integrum is always very educating because it gives insights into the brimming life of IP owners on the one hand and because the desperate plight of somebody having lost a valuable right despite of all due care sometimes reveals super-human forces of creativity and legal quibbles.

Now, I came across a decision where this fertile ground has encountered the hitherto independent battlefield of scammy patent- or trademark registers recently discussed e.g. here and here.

The applicant had not paid the official filing fees and tried to turn the existence of warning letters issued by the German PTO into his favor. He argued that these letters warn against payment invitations and reminders issued by third parties. According to him, this would imply that the German PTO also issues payment invitations or the like, because if there is a third party to issue the reminder, there should also be a second one....

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