Note: We’ll be recording a video as the story develops further. Our investigation walkthrough videos, like those we’ve published before, take time to create, but we wanted to get this breaking story out now to inform and protect clients as quickly as possible.
Recent discoveries about the FBA Brand Builder program's approach to handling U.S. trademark applications have shed light on a tangled mess of misrepresentation, possible fraud, and some serious lapses in accountability. At the heart of it all is Maria Zafar—a so-called attorney whose credentials, and even existence, are now under scrutiny.
This deep dive unpacks the situation, exploring the risks to clients, the financial damage, and what those affected can do to safeguard their intellectual property. With Maria Zafar’s name linked to 118 trademark applications, this isn’t just a one-off issue—it’s a widespread problem with major implications.
The Legal Issue: Unauthorized Trademark Representation
When it comes to trademark applications submitted to the United States Patent and Trademark Office (USPTO), the rules are clear: they must either be filed by the applicant themselves or handled by a licensed attorney.
Enter Maria Zafar, listed as the attorney of record on numerous applications filed through the FBA Brand Builder program. The problem? She doesn’t seem to meet the qualifications required for the job.
What We’ve Discovered
1. Not a Licensed Attorney:
- Maria Zafar’s name doesn’t appear in the Florida Bar Lawyer Directory, which confirms she is not licensed to practice law in Florida, the state where her filings originate. We used a U.S. proxy to access the directory, as it blocks non-U.S. visitors, and confirmed that Maria is not listed.
- She’s also missing from the USPTO Patent Practitioner Roster, which makes her ineligible to legally represent clients in trademark matters. We specifically searched for her name in the roster and found no record of her.
2. Misleading Address:
- The address on her filings—“1 W Las Olas Blvd, Fort Lauderdale, FL”—is linked to a criminal defense law firm that has no known ties to her or her supposed trademark services. When we contacted them today, they confirmed they had never heard of Maria Zafar.
3. Revoked Representation:
- Several trademark applications under her name carry the status “ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED,” indicating her representation has been systematically revoked.
Does Maria Zafar Even Exist?
Taking a closer look at Maria Zafar’s background reveals some serious red flags—not just about her qualifications but even her existence.
Evidence That Points to Fabrication
1. Stock Photo Profile Picture:
- The profile picture tied to Maria Zafar is nothing more than a generic stock image, commonly used for fake identities.
2. No Online Presence:
- For someone claiming to be an attorney, there’s an alarming lack of digital trace. No law firm affiliations, no professional networks, no legal practice mentions—nothing.
3. Generic Gmail Account:
- Her contact email? A basic Gmail address ([email protected]) that isn’t tied to any credible law firm or organization.
4. Unprofessional Communication:
- Emails allegedly sent by her suggested she can't submit US trademarks right now -- these emails are filled with errors and demonstrate an alarming lack of professionalism or knowledge about trademark processes. Could this indicate that she’s now aware she’s unable to submit any more applications?
5. Likely a Fabricated Identity:
- All signs point to Maria Zafar being a made-up persona, possibly outsourced via platforms like Fiverr or Upwork. If true, this approach is wildly inappropriate for legal filings that require verified professional credentials.
118 Trademark Applications Filed Under Her Name
Research shows that Maria Zafar is listed as the attorney of record for a staggering 118 trademark applications. This sheer volume points to deeper, systemic issues within FBA Brand Builder’s operations.
What This Means for Clients
1. Approved Trademarks:
Even trademarks that have been approved aren’t necessarily safe. If the USPTO determines they were improperly filed, they could face revocation or future legal challenges.
2. Pending Applications:
For trademarks still under review, the irregularities tied to Maria Zafar’s involvement could lead to delays, outright rejection, or more intense scrutiny.
3. Rejected Applications:
If your trademark was denied, it’s worth investigating whether Maria Zafar’s mishandling played a role. In such cases, pursuing restitution from FBA Brand Builder might be necessary.
Jason McKay’s Involvement
Recent trademark filings now list Jason McKay’s email address ([email protected]) while Maria Zafar’s name continues to appear as the attorney of record. This odd overlap raises even more red flags.
Key Concerns
1. Misrepresentation:
- By combining Jason McKay’s email with Maria Zafar’s name, clients are misled into believing their trademarks are still being handled by a qualified legal professional.
2. Unauthorized Legal Practice:
- If Jason McKay has stepped in to manage filings without proper credentials, this could be a case of unauthorized legal practice, putting clients at further risk and violating legal standards.
Fraudulent Use of Nyall Engfield’s Name
Adding to the mounting concerns surrounding FBA Brand Builder’s practices is the fraudulent use of attorney Nyall Engfield’s name in trademark filings.
Engfield, a legitimate attorney and owner of Trademark Raft, became aware of the misuse when contacted about the "HYDROS" trademark application (Serial Number: 98015913).
In this case, a "Change Address or Representation Form" was submitted to the USPTO, falsely listing Joe Costello as the new attorney of record and attaching the suspicious email address [email protected] to the filing.
Despite retaining Engfield’s name, the attempt sought to remove him as the legitimate attorney and replace him with unverified representation.
Engfield provided the following statement:
"Thanks for letting me know, that's my name but not my email. It may be a scammer. Let me look into that. It looks like another attorney tried to file a change of attorney at one point, with that bogus-looking email. I'll bring it to the USPTO's notice and also want to stop any fraudulent behavior."
This blatant misuse of a licensed attorney’s identity to further fraudulent filings exposes just how deeply these unethical practices run. It underscores not only the systemic deception within FBA Brand Builder’s trademark operations but also the risks posed to clients and legitimate professionals alike. Engfield has since taken steps to notify the USPTO and prevent further fraudulent activity under his name.
This incident raises serious questions about the vetting process—or lack thereof—used by FBA Brand Builder and reinforces the urgent need for transparency and accountability in their operations.
The Financial Fallout for Clients
If Maria Zafar’s filings are deemed invalid or flagged, the costs for affected clients could skyrocket. Here’s what they might face:
1. Hiring a Licensed Attorney:
- Clients will need to engage a qualified attorney to resubmit their trademark applications.
2. Defending Against Challenges:
- Improper filings are far more likely to attract third-party challenges. Defending against these could run clients $10,000 to $20,000 or more.
3. Rebranding Costs:
- Losing a trademark might force clients to rebrand entirely—an expensive process that could cost $5,000 to $50,000 or more, depending on the scope of the brand.
What Clients Should Do Now
If you’ve used FBA Brand Builder’s trademark services, it’s crucial to take action right away. Here’s what you need to do:
1. Verify Your Application
- Check the status of your trademark on the USPTO’s TSDR system to see if Maria Zafar or Jason McKay is listed as the attorney of record.
2. Seek Legal Advice
- Consult a licensed trademark attorney to evaluate any risks to your application and ensure everything is filed correctly moving forward.
3. File Complaints
- USPTO: Report any concerns to the Office of Enrollment and Discipline (OED) by emailing [email protected] or calling 571-272-4097.
- FTC: Submit a consumer fraud complaint online at reportfraud.ftc.gov.
4. Demand Accountability
- Insist that FBA Brand Builder provide full transparency about Maria Zafar’s credentials and take financial responsibility for fixing any improperly filed applications.
5. Avoid FBA Brand Builder for Legal Services
- Until FBA Brand Builder resolves these issues and proves their use of legitimate representation, avoid using their services for any legal filings.
Acting now can save you from greater legal and financial trouble down the road. Take these steps to protect your intellectual property and hold those responsible accountable.
The FBA Brand Builder Scandal: A Web of Deception and Ethical Failures
FBA Brand Builder’s trademark services are at the center of a growing scandal, with undeniable evidence of deception, gross misrepresentation, and systemic malpractice. At the heart of this debacle is Maria Zafar, a so-called attorney whose qualifications—and even existence—appear to be fabricated.
Blatant Misrepresentation and Fraud:
- Maria Zafar’s Fabricated Identity:
With 118 trademark filings tied to her name, Maria Zafar has no verified credentials to justify her role. Her profile uses a stock photo, she has no online presence, and her communications—sent from a generic Gmail account—are riddled with unprofessionalism. Evidence indicates she is likely a fabricated or outsourced persona, created to sidestep legal requirements and cut costs. - Jason McKay’s Dubious Role:
Recent filings list Jason McKay’s email address in place of Zafar’s while keeping her name attached to the applications. This calculated move misleads clients into thinking they still have qualified legal representation. In reality, neither Zafar nor McKay appear to possess the qualifications required for trademark matters, which could constitute unauthorized legal practice and expose clients to significant legal risks. - Fraudulent Use of Nyall Engfield’s Name:
In a shocking development, FBA Brand Builder has been linked to the fraudulent use of legitimate attorney Nyall Engfield’s name in a trademark filing. A "Change Address or Representation Form" for the "HYDROS" application (Serial Number: 98015913) falsely attempted to replace Engfield as the attorney of record with an unverified individual named Joe Costello. The filing included the suspicious email [email protected], further tying this misconduct back to the ongoing scandal. Engfield has since confirmed this unauthorized attempt and is working to notify the USPTO to halt further fraudulent activity. - Intentional Concealment:
FBA Brand Builder continues to refuse to provide contact information for Maria Zafar and instead deflects client concerns back to its team. Combined with the bait-and-switch tactics involving McKay and the misuse of Engfield’s identity, this suggests a deliberate cover-up intended to obscure the truth and mislead unsuspecting clients.
Severe Financial and Legal Consequences for Clients
The fallout for clients is enormous, with many now facing legal vulnerabilities and crippling financial costs due to FBA Brand Builder’s unethical practices:
- Resubmission Costs: Invalid trademark filings require clients to hire licensed attorneys, costing $1,000–$5,000 per application.
- Legal Defenses: Improperly filed trademarks are easy targets for challenges, with defense costs climbing to $10,000–$20,000 or more.
- Rebranding Nightmares: If trademarks are invalidated, clients may be forced to rebrand their businesses entirely, with expenses ranging from $5,000 to $50,000 or higher.
An Ongoing Investigation:
We have contacted the USPTO to confirm whether Maria Zafar’s filings are under investigation. The sheer scale of the fraud suggests this could escalate into a major legal scandal.
If you’ve been impacted, share your experience to expose FBA Brand Builder’s misconduct and prevent others from falling victim to their deceitful practices. Transparency and accountability must be demanded before more businesses suffer at the hands of this operation.