The Western District clerk’s office is starting to notify filers of trademark-related complaints that their filings are deficient without the additional filing of Form AO120 — the notice to the Patent and Trademark Office of a new trademark lawsuit.
The deficiency notice states:
“NOTICE to Filer of Deficiency: Pursuant to our local rules, Civil Rule 3(a), all civil action complaints in which jurisdiction is invoked in whole or in part under 28 U.S.C. § 1338 (regarding patents, trademarks and copyrights) shall be accompanied by the required notice to the Patent and Trademark Office (Form AO120) or the required notice of the Register of Copyrights (Form AO121). Please complete the appropriate form and email it back to the new cases box at newcases.seattle@wawd.uscourts.gov. Please include in the subject line the name and number of the case and the name of the document attached. This form will then be posted to the case docket and a copy sent to the appropriate entity.”
Fortunately, deficient filings aren’t (yet) being refused, but to avoid that risk, local practitioners should comply with the rule in the first instance. It’s now being strictly enforced.