Trademark Scam Warning for Trademark Registration Applicants

Whether you’re applying for a new trademark or maintaining an existing one, it’s important to watch out for potential trademark scams. Unfortunately, there’s a growing number of scammers without proper licenses that are offering unnecessary services, demanding illegitimate fees, or charging inflated amounts for services they’re not authorized to provide. Additionally, some scammers pose as government agencies like the US Patent and Trademark Office (USPTO), sending deceptive offers or notices about a trademark registration.

This article is here to help you spot trademark scammers, featuring a real-life example from one of our clients. We’ll cover the various kinds of trademark scams and provide best practices for spotting and avoiding scammers.

When applying for a trademark, it’s strongly advised to work with a licensed attorney who specializes in trademark registrations. A licensed attorney can not only provide expert guidance for your application but also help you identify and avoid potential scammers.

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Kinds of Trademark Scams

Scammers Posing as Attorneys

When you are applying for a trademark, you may encounter businesses that are offering unnecessary services, making unrealistic guarantees, demanding illegitimate fees, or charging inflated amounts for trademark registration services such as responding to office actions. Often times, these entities turn out to be scams, operating without legal licenses and offering services they’re not authorized to provide. Additionally, even supposedly licensed private companies may advertise unnecessary services, make unrealistic guarantees, demand illegitimate fees, or charge inflated amounts for their services. We strongly advise against working with such companies on your trademark registration.

If you are already working with a licensed attorney, it’s important to be aware that scammers can send you messages posing as your attorney. If you encounter a suspicious message, take extra caution to verify the source of correspondences such as email addresses. Scammers can create email addresses confusingly similar to your attorney’s. If you have any doubts, reach out to your attorney directly via phone to confirm the correspondence and inform them of any suspicious messages you have received.

Scammers Posing as the USPTO

Scammers commonly impersonate the USPTO, utilizing trademark application and registration details sourced from USPTO databases to contact trademark applicants or registrants through various channels such as mail, email, or text. These scammers can contact trademark applicants and registrants making fraudulent claims about the progress or state of an application or registration, often demanding illegitimate fees.

Because scammers can source authentic details from the USPTO, their communications may sound convincing and, at times, even include accurate information. This may include reminders about upcoming filings to maintain your trademark registration. This can make it challenging to discern scams from legitimate communications. These scammers also make their communications seem more legitimate by impersonating the USPTO’s channels of communication, such as spoofed phone numbers (phone numbers that use fake caller ID information) and confusingly similar email addresses.

There are only 8 different communications an applicant may receive from the USPTO after filing a trademark registration application online. Read more about the different types of messages from the USPTO in our article USPTO Office Actions in a Trademark Application: How to Respond.

Scammers Posing as WIPO

Scammers also impersonate the World Intellectual Property Organization (WIPO). These scammers have been found to contact applicants and registrants under the Madrid system, which facilitates international trademark applications. They often send written notifications that closely resemble legitimate WIPO notifications about renewing registrations while demanding unauthorized payments.

If you believe you may have been scammed, seek professional advice from a licensed attorney.

Real-Life Scam Call Example From Our Own Client

One of our clients has kindly given us permission to anonymously share their encounter with scam callers. This valuable insight is shared to assist fellow trademark applicants and registrants in spotting and avoiding potential scams.

A few days after our client’s trademark applications were submitted to the USPTO, our client received a phone call early in the morning. The caller ID was listed as “Application Assistance Unit of USPTO.” The caller asked about one of the trademark applications and its purpose. The caller also referenced our attorney (albeit only by first name). This was a scammer using a spoofed phone number impersonating the USPTO.

Our client was later repeatedly called by the “Trademark Verification Office” — another spoofed phone number. When our client answered the call, the caller demanded a “priority processing fee” of $500, discounted from $1000 if paid by credit card.

Upon our client’s report of receiving such calls, our attorney promptly confirmed that they were scams and offered guidance on next steps. In situations like this, we recommend refraining from answering the spam calls. If you do answer accidentally, instruct the scammer to contact the attorney representing your application. Additionally, your attorney can send a notice to the USPTO regarding the scam call on your behalf.

For more examples of trademark scams, visit the USPTO’s scam alert page. The USPTO offers several examples of misleading written trademark offers or notices originating from both within and outside the United States. The WIPO website also has a PCT warning page and hoax warning page that features examples of scam offers and notices that pose as WIPO.

If you suspect that you have been targeted by a scammer, seek professional advice from a licensed attorney.

How To Spot and Avoid Trademark Scams

Verify the Source of Communications: Scrutinize the source of unsolicited emails, letters, and calls. To verify the legitimacy of an email address, hover your mouse over it to see more information and confirm its authenticity. Trademark scammers often use spoofed phone numbers and emails that closely resemble government agencies like the USPTO or WIPO, using names that include terms like “U.S.,” “Trademark,” “Office,” and “Agency.” Examples of real-life scammers who have sent misleading solicitations include the “Trademark and Patent Office” and “Patent and Trademark Bureau.”

Note that all emails from our team at Carson Patents will come from the domain “@carsonpatents.com.” Additionally, all official communications from the USPTO will always be from the USPTO in Alexandria, Virginia, and all emails will come from the domain “@uspto.gov.”

Question Unrealistic Guarantees: Be cautious of private companies that make unrealistic guarantees, such as guaranteed application approval or unusually quick processing times. These entities may be scammers posing as attorneys.

Stay Informed and Educated: We suggest familiarizing yourself with the trademark registration process before beginning your application to be able to spot suspicious services or claims. Explore our articles on 4 steps to trademark, trademark registration services, and trademark registration best practices for more information. More information on trademarks can also be found on our Trademark FAQ.

Understand Cost Structures: Learn more about costs to trademark to familiarize yourself with the typical expenses involved with trademark applications. This can help you recognize unusually inflated rates that may signal potential scams.

Consult with Licensed Attorneys: A licensed attorney who specializes in trademark applications can help you effectively navigate the trademark application process while also offering guidance on identifying and avoiding potential scams.

Trust Your Instincts: When you encounter a suspicious message, take the time to investigate and verify the source of the communication. Do not provide any information, click on any links, or make any payment. When in doubt, seek professional advice.

What To Do If You Receive a Suspicious Message

If you come across a suspicious message, alert your attorney immediately if you have one. If you are not working with an attorney yet, consult an intellectual property attorney for expert advice on the appropriate steps to take. Additionally, consult the USPTO’s page on scam prevention as well as their scam alert page, which contains information on filing a consumer complaint with the Federal Trade Commission. The USPTO also encourages individuals to report scammers not yet listed on their page directly to the USPTO.

If you suspect you’ve come across a potential trademark scam, Carson Patents can help. Arrange a free scam warning consult with our attorney to discuss your situation.

What To Do If You’ve Been Scammed

If you believe you have been scammed, please refer to the USPTO’s page on what to do if you’ve been scammed and seek professional advice from a licensed attorney. Carson Patents offers a free scam warning consult with our attorney to discuss your situation.