Trademark scams are on the rise! The good news is that by appointing an attorney of record, you can ignore any solicitations you receive regarding your U.S. trademark filings, as all official correspondence and telephone calls from the U.S. Patent and Trademark Office (“USPTO”) will be directed to the attorney of record.
Here are some common trademark–related scams of which U.S. trademark owners should be aware:
SOLICITATIONS BY MAIL AND E-MAIL
Private companies not associated with the USPTO use information from the USPTO database to mail or e-mail solicitations such as offers: (1) for legal services; (2) for trademark monitoring services; (3) to record trademarks with U.S. Customs and Border Protection; and (4) to “publish” or “register” trademarks in the company’s own private publication registry which provides no benefit for your trademark. A sample listing of such companies and solicitations can be found here on the USPTO website.
PHONE SCAMS
Phone scammers are using public information from the USPTO database to trick trademark owners by using a tactic called “spoofing” to display a fake name, number, and location so that you are convinced you are speaking with the USPTO. They will ask you questions specific to your trademark filing or invite you to a free outreach event in your area and ask for personal identifying or payment information.
FRADULENT TRADEMARK FILING WEBSITES
The World Trademark Review recently reported a new fraudulent website (trademarkassistancecenter.com) that impersonates the Trademark Assistance Center at the USPTO with links to a filing platform in Pakistan. Impersonating the USPTO is not a new scam, but it is certainly on the rise. Note that the official USPTO website is www.uspto.gov.
AUCTIONS
Please be aware that many online auction sites that sell trademark registrations have fraudulently obtained those registrations by creating fake specimens of use. These specimens of use may be initially accepted by the USPTO, but under further scrutiny or proceedings, the registration may become invalid. Purchasing one of these registrations will not provide you with any legitimate trademark rights, and thus can put your product or service at risk. As such, it is important to have your trademark attorney review and ensure you are purchasing a legitimate trademark that has met all requirements and will not be subject to invalidation in the future.
