Trademark Scams – How To Identify Fraudulent USPTO Communications

RPJ's corporate intellectual property practice is overseen by Partner Deena R. Merlen and Business and Legal Affairs Manage rKatie Bigley, who share the following important warnings about fraudulent USPTO communications and misleading solicitations.

When you submit a trademark application to the United States Patent and Trademark Office (USPTO), the information becomes part of the public record and is publicly available online at https://www.uspto.gov/. While this transparency serves an important purpose, it also exposes trademark applicants to unsolicited and potentially deceptive communications. These schemes often rely on the publicly available information and may use tactics such as impersonating USPTO officials, citing false issues with your application or registration, creating a sense of urgency, and requesting immediate payments or sensitive personal information.

These fraudulent notices often appear official but do not originate from the USPTO. In some cases, scammers may even contact you by phone using real names, telephone numbers, or locations associated with the USPTO in an effort to mislead and defraud you. Understanding how to recognize common scam tactics can help you avoid costly errors.

Warning Signs of Trademark Scams

• USPTO employees will never request personal or payment information via phone, email, or text message. Additionally, the USPTO does not accept payments via wire transfer, gift cards, cash, check, or money orders sent to third-party addresses.
• Never share your USPTO.gov account password — not even with someone assisting you with your filings. Unauthorized use of your account could result in filings made without your knowledge and may lead to account suspension.
  • If you hire a trademark attorney, they must use their own USPTO.gov account to file on your behalf. Anyone claiming they must file through your account is likely not legitimate.
• Be wary of urgent demands for payment, particularly when they are accompanied by threats of losing your trademark rights. Always verify such claims independently.
  • Official USPTO fees are published on the Trademarks Fee Schedule.

Why You Should Be Vigilant

Scammers often exploit:

• First-time applicants unfamiliar with USPTO procedures
• Business owners with strong brand identities
• Fears surrounding the potential loss of trademark rights

Common Scam Tactics Include:

• Sending misleading correspondence to trademark owners, falsely claiming urgent action is required to maintain trademark registrations. These notices are often sent well in advance of actual deadlines and request payments significantly higher than legitimate USPTO fees.
• Impersonating USPTO officials to deliver fake office actions, compliance notices, or courtesy reminders that demand a response within 24 to 72 hours, payment of fees, and provision of sensitive personal information, such as dates of birth or Social Security numbers.

Think You Can Spot a Scam? Think Again.

These fraudulent communications are often professionally designed to appear authentic. Even experienced business professionals can be deceived. Never assume a message is legitimate simply because it looks official.

How to Protect Yourself

1. Verify Communications
   
   Always check the official status of your trademark application or registration athttps://tsdr.uspto.gov.
2. Review Real Examples
   
   Familiarize yourself with actual examples of fraudulent and misleading trademark solicitations: Examples of fraudulent or misleading solicitations | USPTO
3. Consult Qualified Legal Counsel
   
   Work with a licensed and experienced trademark attorney to assist with filings and correspondence.
4. Do Not Share Personal Information
   
   The USPTO will never request the following:

• Social Security numbers
• Sensitive financial information
• Urgent payments via email or phone

Remaining informed and vigilant is the best way to protect yourself from trademark-related scams. If you ever have doubts about a communication, verify it directly with the USPTO or consult a qualified legal professional.

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.