Business owners looking to build their brands through trademark registration are often tempting targets for scammers. Swindlers pose as lawyers or even government officials to steal money or sensitive business information.
Here’s how to know if you’re working with a legitimate trademark firm or about to be defrauded.
What Are Trademark Scams?
Trademark scams often impersonate the U.S. Patent & Trademark Office (in this context, we’ll call it just the “Trademark Office”) and issue fake, scary-looking notices or other official-looking correspondence. They rely on a lot of different tricks but have in common the aim of exploiting your trust and limited knowledge of the U.S. trademark registration process.
Why Are Trademark Owners Targeted?
Because your registered trademark ownership and contact information are a public record. When you applied for and won the right to register your trademark with the U.S. Trademark Office, you were required to state the name of the trademark owner and the applicable contact information.
Consequently, scammers mining the public record have easy access to your information.
And, because many new business owners do not fully understand the ins-and-outs of the trademark process, criminals seize on the knowledge gap to exploit the innocent.
Common Types of Trademark Scams
Knowledge is power. Understanding how these scams operate is your first line of defense.
Here are some of the most frequent scams targeting trademark owners:
Scam 1: Fake Renewal Notices
Criminals pose as U.S. Trademark Office personnel and send out fake letters or emails telling you your trademark registration will lapse unless you pay immediately. The scammers might use fake due dates or claim to be affiliated with government trademark offices. These notices can look convincing, featuring logos and language mimicking official communications.
How It Works:
- Scammers send urgent messages saying your trademark needs renewal.
- They include payment links or instructions to wire money for these fake renewal fees.
- Once you pay, the scammers vanish, leaving you with no renewal and potentially reduced protection.
Scam 2: Fake “Revival” Services for Cancelled Trademark Registrations
Legally, U.S. trademark registrations must be renewed after 5 years, after 9 years, and then once every 10 years. These deadlines can get lost in the hectic course of running a business.
But, if you fail to file the proper paperwork the U.S. Trademark Office will cancel your trademark registration. To make things worse, when a trademark has been canceled for failure to pay required fees, that is also a matter of public knowledge.
Criminals using the “revival” scam grab that information and contact the trademark owner. (Reputable lawyers are not permitted under the regulations of the profession to call you to solicit work like that.) Scammers lie and offer you a chance to bring your dead trademark registration back to life —for a fee (of course).
How It Works:
- Scammers send urgent messages saying your trademark has been cancelled because you forgot to file the necessary paperwork.
- Then they offer to “revive” your trademark registration for large service fees and include payment links or instructions to wire money.
- Once you pay, the scammers vanish.
Just so you know, trademark owners have an 18-month window to file proper renewal papers, which is open at the 5th year, the 9th year, and every subsequent ten years. But, if that window closes without the proper paperwork, the trademark registration will be cancelled. There are no “revival” procedures (or fees).
If the trademark owner who forgot to file for renewal is still using the trademark, they can file a new application to (re)register the trademark.
Scam 3: Worthless “Private” Trademark Registry Listings
Scammers prey on the snob factor with offers to list your trademark on a prestigious “private registry” or on a “list of important registered trademarks.”
How it Works:
- Scammers send mail / email bragging about their (official-looking) registry of trademarks and invite you to list your trademark for a fee.
- They may promise that their private registry will promote your trademark. Or they may promise that their private registry listing will make your competitors aware of your rights. (Neither is true.)
- The most likely outcome is that there is an obscure website somewhere with a list of random trademarks, which is rarely visited, and you pay to have your trademark added to it.
- The only registries that matter for the purposes of your legal rights are the official ones – the Principal Register and the Supplemental Register – maintained by the U.S. Patent and Trademark Office.
Scam 4: Misleading “Filing Firms”
Some unregulated filing services claim to handle trademark applications or monitoring for you. While not always illegal, these services can overcharge, misrepresent their offerings, provide incompetent legal advice, or fail to deliver on promises.
How It Works:
- Firms promise low-cost filings but hide excessive fees in fine print.
- Often, these firms either do not have trademark attorneys or have 1-2 for 10,000+ files. So, in many instances, your trademark application never gets the attention of a qualified attorney.
- Some take your money but file incorrect or incomplete applications, costing you time and money to fix.
Scam 5: Fraudulent Deadline/Fee Reminder Services
These scams target businesses managing multiple trademarks, offering to “streamline” their docketing or renewal processes. Fraudsters might gain access to confidential IP portfolios, putting your entire business at risk.
How It Works:
- Scammers present themselves as legal or administrative service providers.
- They gain access to your trademark details and request unnecessary fees.
- In some instances, scammers submit fraudulent ownership transfers of your registered trademarks, or hold your trademark registrations for ransom.
Scam 6: Spoofing Websites for Trademark Filings
These scams involve tricking you onto a fake USPTO website and collecting the trademark and financial information you think you are sending to the U.S. Trademark Office.
How It Works:
- Scammers copy the appearance of the official www.USPTO.gov website to trick you into mistaking their fake websites for the official one. This may involve misleading website URLs or just code that redirects you to another website as a result of clicking on an advertisement or social media post. The usual goal is to steal your personal or payment information.
- If you “file” your trademark application on a spoofed site, the scammers will steal your financial information when you are tricked into paying the “official” fees. Unfortunately, you are left with financial fraud and no actual trademark application on file with the U.S. Patent and Trademark Office.
Scam 7: Spoofing USPTO Examiners
This scam sends you fake communications from the U.S. Trademark Office during the application process.
How It Works:
- Scammers call or email you and falsely claim to be from the USPTO. (For calls, they use fake caller ID information to impersonate a USPTO employee.) The trick is to get you to give your personal information and pay excessive or nonexistent fees.
- They may tell you that your application won’t be assigned to an official examining attorney or move forward in the registration process because you’re missing certain required fees.
- A scam email may even include your application serial number or registration number and your trademark, and state that you’re required to provide certain personal information, documents or USPTO forms, or your payment information in a response email.
- Sometimes, scammers create and forward fake email chains supposedly from examining attorneys to you that falsely state you have additional filings and fees due. The scammers then offer to do the fake work for you.
- These emails look official at first glance. Always check that USPTO emails sent directly to you will end in “@uspto.gov.”
Learn the Telltales of a Trademark Scam
Here are signs to watch for:
- Urgent Language: Scams often use high-pressure tactics—for example, warnings of an imminent deadline.
- Unsolicited Communication: Be cautious if you’re contacted unexpectedly by an unknown organization.
- Unusual Payment Requests: Legitimate trademark authorities don’t ask for wire transfers or payments through unconventional channels.
- Official-Looking Emails: Check the sender’s domain carefully. Government agencies typically use secure and authentic email domains.
Spotting scams requires a keen eye for inconsistencies and an understanding of how legitimate trademark processes work.
Example of a Red Flag Email
An email claiming to be from the “U.S. Patent and Trademark Office” (USPTO) but showing a generic domain like “@trademark-service-mail.com” is likely a scam.
Protect Your Wallet and Your Brand
Preventing trademark scams requires proactive measures. Here are actionable steps you can implement:
Verify All Communications
Government trademark offices like the U.S. Trademark Office send official notifications via specific channels. Cross-check unsolicited emails or letters with the office’s customer service before taking any action.
- Bookmark official websites or contact pages for easy access.
- Remember that the USPTO will send a “courtesy reminder” email when your trademark registration needs to be renewed, if the owner’s email address is on file; but, it will never ask for payment information via email. Also, it will not have urgent language, because the reminder is normally sent at the beginning of the 18 month window to renew.
- All official communications about your trademark registration will be copied into the online file. You can verify the communication by going to uspto.gov, then to “Check Application Status (TSDR)”, entering your application serial number or registration number, and looking at the “Documents” list to see if the communication is there.
Learn Enough about the TM Process to Spot the Fraud
Educate yourself on the timelines and official fees related to trademark registrations. Familiarity with the correct processes can help you detect inconsistencies in scam attempts.
For example, trademark renewals in the U.S. occur between the 5th and 6th years after registration, not sooner.
Consult the Pros
When in doubt, consult an experienced, licensed trademark attorney. They can advise you on official deadlines, handle official filings on your behalf, and provide insight into common scams.
A professional can also monitor your trademarks through reputable services to prevent ongoing threats.
Use Trusted Tools and Registries
Rely on reputable IP management software or platforms to monitor your trademarks. These tools can help you track deadlines, receive renewal reminders, and store communication for easy reference.
Check the USPTO Website for Information about the Latest Scams
The U.S. Trademark Office knows that scammers are out there and tries to give you updates on how to protect yourself at the USPTO website.
Say Something If You See Something
If you suspect a scam, report it to the appropriate authorities to prevent others from becoming victims. U.S. residents can file complaints with the Federal Trade Commission (FTC) or USPTO.
Lastly, …
Trademark scams cost you money, time, and peace of mind. Teach yourself the basics of trademark law and be wary of communications about your trademark registrations so that you can avoid becoming a victim and ensure that they remain secure.
Lapple Ubell IP Law is an intellectual property law firm based in Irvine, California, dedicated to helping clients protect, manage, and enforce their innovations and creative assets. The firm provides strategic counsel on patents, trademarks, copyrights, and related IP matters for businesses of all sizes.
The author, Matt Lapple, is an experienced intellectual property attorney and a past-president of the Orange County Intellectual Property Law Association. If you have questions please contact Matt at matt@lappleubell.com or 949-756-4889.
