By Sabrina Larson

Trademark scams are on the rise and include increasingly varied communications attempting to trick trademark applicants and registrants into paying fees. If you receive any communications regarding your trademarks from anyone other than your trademark attorney, it is most likely not legitimate. Below are common scams, red flags to watch out for, and best practices.  

Common Scams to Watch Out For

Notices Seeking Payment of Fees

The most widespread trademark scam involves a notice seeking you to pay application, registration, or maintenance fees. These notices are formatted to mimic invoices from the U.S. Patent & Trademark Office (“USPTO”). Scammers pull information from pending applications or registrations approaching their maintenance deadlines and then send fake invoices seeking payment of fees. You may receive these scams via hard copy invoices or even by phone or text (if you have provided a phone number in your trademark application). A more recent trend involves a phone call from someone claiming to be a USPTO representative demanding immediate payment. Click here to see an example of a fake invoice from the “Patent & Trademark Office” with the header “PENDING TRADEMARK CANCELLATION” seeking payment of renewal fees.

Trademark Registration of Business Name

This scam purports to come from a trademark attorney offering services. It targets entities’ business names, claiming that another entity is seeking to register the same business name. This scam will include ominous language regarding violations and infringement, creating a sense of urgency to take action. Click here to see an example of a scam email regarding registration of a business name, with the alarming subject “Legal Notice: Immediate Confirmation Needed for Trademark Registration of ‘Business Name.’”

USPTO Trademark Conflict

Another type of scam seeks your immediate attention regarding a third party attempting to register your trademark. This type of scam will come from entities claiming to be trademark attorneys. They will claim that they have received an application to register your mark, and state that if they do not receive an objection from you, the third party will apply for your mark. These communications ask you to take action to avoid forfeiting your trademark rights. Click here to see an example of a scam email with the subject “Urgent Alert: Immediate Attention Needed for USPTO Trademark Conflict.”  

Others

Additional scams include offering to place trademark owners’ marks in a “trademark registry” to increase brand visibility; offering to obtain a “priority trademark registration” by expediting an applicant’s pending application; offers of trademark monitoring services; and offers to provide trademark registration certificates. All of these scams will include subject lines and language asking you to take immediate action to avoid losing your trademark rights, and none of these communications are legitimate.  

Red Flags

• Fake invoices: The USPTO does not send invoices. All communications from the USPTO will be sent to the attorney of record for your trademark with the USPTO.
• Calls or texts seeking payment: The USPTO will never call or text you asking for payment or personal information.
• Offer of trademark services to avoid forfeiting your rights: Law firms do not notify non-client entities of a conflicting mark, and reputable attorneys do not send unsolicited offers to act immediately or risk losing your rights.  

Best Practices

The USPTO’s website includes information on how to spot scams, examples of scam notices and communications, and guidance on what to do if you are scammed.  

Consult your trademark attorney if you have any doubts on the authenticity of communications regarding your trademarks and before taking any action on them.