Trademark applicants often face a growing threat from fraudulent communications designed to exploit the public nature of trademark filings. These scams, while not as headline-grabbing as identity theft or ransomware, can drain time, resources, and confidence. Understanding their tactics and how to respond is critical for protecting your brand.
Common Scam Tactics
Scammers frequently mimic official channels, using details like your trademark, logo, application number, or business name to appear credible. Emails or letters may request payments for services such as “publication,” “registration,” “monitoring,” or “renewal,” often under the guise of legal necessity.
The “Trademark Monitoring” Invoice
A recent example involved a letter claiming a third-party service would monitor your trademark for infringement, charging $895 annually. The message included a USPTO serial number and warned of lost rights if payment was delayed. In reality, the sender had no affiliation with the USPTO, and the service was unnecessary.
This is where IP Defender steps in. By monitoring national trademark databases for conflicts and infringements, IP Defender helps businesses avoid falling for such scams. Its system scans 50+ countries, including the EU, USA, and Australia, ensuring comprehensive coverage.
The “International Trademark Registry” Scam
Scammers may claim your U.S. trademark requires registration in a fictional international database to ensure “full protection.” Emails often include links to payment portals and threats of vulnerability if action isn’t taken. There is no such registry, and the message is intentionally misleading.
The “Abandonment Warning” Call
This tactic involves calls claiming your trademark application has been abandoned and another party has filed the same mark. Scammers pressure recipients to “discuss options” over the phone, often leading to demands for payment for services that are not required.
Urgent Domain Name Registration Alerts
Scammers may send emails warning that someone is attempting to register domain names containing your trademark. These messages create urgency, urging you to contact the sender to “secure” the domains before they are taken.
Why Responding Is Risky
Engaging with scammers - even to ask questions - can validate your contact information and signal that you’re a target. This may lead to more aggressive tactics, including demands for payment or attempts to extract personal data. Scammers may also impersonate attorneys or USPTO officials to gain trust.
Steps to Protect Your Business
- Ignore and delete suspicious emails or letters.
- Avoid paying fees to unknown senders without verifying their legitimacy.
- Report questionable communications to TMScams@uspto.gov.
- Check your trademark status directly through the USPTO’s Trademark Status & Document Retrieval system.
- Consult legal counsel before taking any action.
These scams thrive on volume and confusion, targeting thousands of businesses with the hope that a few will act without scrutiny. While they may not cause catastrophic damage, they are costly and disruptive. By staying informed and working with experienced legal professionals, you can navigate the complexities of trademark law, including issues of confusability and monitoring, to protect your brand effectively.