Trademark owners should be aware of the existence of trademark scams. These scams include letters, emails, and phone calls designed to appear as if they are coming from an official source or agency, even from the United States Patent & Trademark Office, fraudulently attempting to obtain payments from trademark owners. 

It is important to be aware of how to identify these scams to avoid falling victim to these deceptive practices. 

Letters or Notices Requiring Payments

Trademark owners may receive letters or emails advising them of upcoming deadlines or offering publication services that require a fee. These communications often mimic official documents and may falsely claim to be from the United States Patent & Trademark Office (USPTO). For example, emails or letters that claim to be from the USPTO may state that a trademark registration is pending cancellation or must be renewed by a certain deadline. The deadline provided by these letters are usually false. If you receive these types of letters, it is imperative to first confirm their legitimacy. The USPTO’s website allows you to check the status of your trademark, ensuring you have the correct due dates for any filings. You can type your serial number into the USPTO search bar to confirm the correct due date, which will allow you to differentiate authentic letters from scams. Instead of contacting the sender of the letter or submitting any payments, you should first get in touch with your trademark attorney or contact the USPTO to verify the veracity of the letters or emails. 

The USPTO website also cautions against offers and notices from private companies that may be scams. More information and examples of actual scam letters can be found here.  

Emails Regarding Third-Party Registration Attempts

You may receive emails, purportedly from domain registrars or law firms, claiming that another party is attempting to register your trademark. These emails may reference inaccurate laws or policies to support their claim that they are contacting you to inquire about the possibility of registering your trademark, aiming to create a sense of urgency. To appear more credible, these emails may even include the name of a real trademark attorney without authorization. Scam emails can also appear to come from official-looking email addresses. Therefore, it is imperative to be cautious and take proactive steps to confirm the legitimacy of any emails you receive regarding your trademark. Legitimate communications from the USPTO will always come from the domain “@uspto.gov.” However, a scam email may appear to come from an official email address as well. If you are uncertain of whether an email is actually from the USPTO, you can contact the USPTO  or your trademark attorney to confirm the accuracy of the information provided. 

Phone Calls Appearing to Be From the USPTO

Not only do scammers send emails and letters, but they can also call trademark owners, claiming to be from the USPTO. They might even use caller ID spoofing to make it appear as though the call is originating from the USPTO offices in Virginia. It’s crucial to remember that the USPTO will never request your personal or payment information over the phone. Therefore, if you receive such a call, do not disclose any personal information. Rather, you should hang up, note the phone number, and contact your attorney to confirm whether any action is required. You should also avoid including personal contact details, such as your address, email, or phone number, in your public trademark records, to prevent scammers from obtaining your information.

Speak With an Experienced Trademark Lawyer 

Trademark scams pose a threat to businesses and companies, but by staying informed about common scams, verifying the legitimacy of communications, and consulting with legal professionals, you can safeguard your business’s valuable intellectual property.