How to Spot A Trademark Scam
Your trademark, whether registered or not, is property. If it’s unique and distinctive, it’s your intellectual property, and protecting it should be one of your brand’s top priorities.
Unfortunately, there are individuals and private companies out there looking to exploit businesses and brands like yours. Essentially these companies create scams to take your money and provide little to no benefit in exchange. These scams often involve companies that use official-sounding names and persuasive tactics to convince trademark owners and applicants to pay money in exchange for their non-attorney-led services. In this blog post, we'll explore just a few of these trademark scams so you can learn to spot these deceptive and predatory practices.
How do I identify these scams? Here are three red flags to look out for:
1. Unsolicited Offers with High Fees:
Be wary of unsolicited emails or letters that claim to offer trademark-related services at high fees. These scams may promise a secured and fast registration or renewal processes that often include unnecessary expenses. Keep in mind that there is no such thing as a “Secured Trademark” and legitimate trademark services only typically involve standard government fees and attorney fees. Any offer that seems too good to be true or demands an unusually high payment should raise a red flag.
2. Misleading Official-Looking Documents:
Scammers may send documents that resemble official government notices or invoices. These scammers company names may include “United States,” “U.S.,” “Trademark,” “Patent,” “Registration,” “Office,” or “Agency.” They may even include accurate details about your trademark, causing you to believe that payment is required. Always cross-check these documents with your own records to verify.
3. Urgency and Pressure Tactics:
Trademark scams usually use urgency as a tactic to pressure trademark owners and applicants into making rushed decisions. They might claim that your trademark is about to expire or that immediate action is required to secure your rights. Take the time to verify the claims and always keep in mind that legitimate trademark processes take time and cannot be rushed.
If you suspect an email or letter is a scam. Here’s a simple way to differentiate a scam and a legitimate USPTO email or notice. Just refer to this quote from the USPTO website:
All official correspondence about your trademark application or registration will be from the “United States Patent and Trademark Office” in Alexandria, Virginia, and all emails will be from the domain “@uspto.gov.” - USPTO.GOV
Before engaging with any of these offers, thoroughly research the sender's background. You can check if they have a licensed U.S. attorney on staff - since many of these companies do not. Many of these services or service providers are providing these “services” unlawfully if they are offering to provide legal advice. The biggest red flag is if the service provider has completed the application on your behalf, but is not listed as an attorney of record on your application.
You can also go to this USPTO website page. It contains a lot of information such as the latest trademark scams, who to contact in case you’ve fallen victim to these scams, and even has a list of entities they’ve received complaints about.
With all of these scams, navigating the world of trademarks is becoming increasingly difficult. But, by recognizing the red flags, understanding their tactics, and knowing which entities are trustworthy, you can protect your business and ensure its continued growth and success.
Are such scams something you don't want to deal with? We can spare you from the headache. Schedule a consultation now to guarantee that your trademark journey is both secure and legitimate.