Many trademark scammers send official looking letters or emails urging immediate action to pressure you to pay them money for your trademark or "additional" services you do not require. If you ever receive a notice asking for payment as to your trademark from any such company, DO NOT PAY IT. To all our clients, we will be your point contact at the trademark office, and all fees are paid through our firm.
Common Trademark Scams
With scams related to U.S. trademark filings becoming more common and sophisticated, it is important to be vigilant. Business fraud prevention strategies can help protect your intellectual property investments. Fraudulent trademark correspondence is so prevalent that the USPTO even has its own list of scammers. We have also included some examples below.
To appear legitimate, scammers often use official government data publicly available from USPTO records and have company names that sound like government agencies. While the information contained in these solicitations may be accurate (for example, that a filing is due to keep a registration active), using these private services is never a requirement of trademark registration. Understanding what are white collar crimes can help you recognize fraudulent schemes targeting trademark holders. While some services may be legitimate (i.e. assistance in responding to an office action), many others are not (i.e. offering to record trademarks in a private registry).
Other fraudulent solicitations purport to be official USPTO correspondence and often urge recipients to take prompt action to avoid losing their trademark rights. Remember for US marks, official correspondence will come from the USPTO headquarters in Alexandria, Virginia, and all emails will be from the domain "@uspto.gov." Additionally, the USPTO does not issue invoices to trademark owners or ask them to pay fees by email or phone.
What to Do if You Receive a Fraudulent Trademark Email
If you registered your trademark using an attorney or are represented by counsel in legal proceedings involving your trademark, communications will generally be sent directly to your attorney. Therefore, it is safe to assume that any correspondence purporting to be from the USPTO is fraudulent. How to conduct an effective internal business investigation can help you verify suspicious communications and protect your business interests.
Companies should also consider implementing effective arbitration agreements and business mediation strategies to handle disputes that may arise from fraudulent activities. The Federal Trade Commission's guidance on avoiding scams provides additional resources for business owners.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
