How To Notice Common Trademark Scams?

Trademark registration is a multi-stage and complex process, but it is further complicated by the large number of trademark scammers who come up with very plausible stories. 

Their demands can create unnecessary stress and cause applicants to feel pressured. 

Such communication is highly believable, as scammers create the impression of representatives from the USPTO or trademark attorneys of non-existent parties.

They are using publicly available information about the applicant and the application. 

This article covers general characteristics of common trademark scams, along with common examples and recommendations on what to do if you think someone is trying to scam you.

How To Identify Common Trademark Scams?

These are the ways you can identify them easily: 

1. Urgency And Demands For Payment

Like any other type of scammers, trademark scammers try to create urgency. 

They contact you by email or by phone, stating that due to various non-existent circumstances, you might lose your trademark.

So there is a need to pay for a service they will provide or for a government fee, when in reality, it may be just losing money, as there was no danger to your mark.

2. Requesting Passwords

Scammers might claim that they need the password to your USPTO account. However, no one should know your password except you. 

If you hire a trademark attorney, they will represent you through their own USPTO.gov account, so there will be no need to get access to yours.

3. Requesting Personal Or Payment Information

Remember that, unlike scammers, USPTO employees will never ask you to provide personal or payment information by phone or by email or require you to provide payment to third-party addresses.

4. Mimicking USPTO

It is also worth remembering that the USPTO abbreviation stands for the United States Patent and Trademark Office, and any other variation is not part of the USPTO. All USPTO official email addresses end in @uspto.gov. 

The website ends in .gov and not in .com or other variations. Some scammers even use names, numbers, and locations of real USPTO employees but do not let that mislead you.

5. Communicating With You Instead Of Your Trademark Attorney

Another important thing to remember is that the USPTO will use your representative’s email address instead of yours if they need to contact you. 

That is also the reason why the scammers often contact applicants without a trademark attorney listed in the trademark application, taking advantage of it and trying to manipulate.

6. Poor Grammar

Poor grammar is another key characteristic of fraudulent activities.

What Are The Ways Of Performing The Common Trademark Scams?

These are the most common ways:

1. Phone Spoofing

One of the most common scamming ways is using a Fake Caller ID. It is essentially done to make the call look more believable and legitimate, for example, coming from a familiar or local number, tricking you into answering. 

In reality, scammers may not even be located in the United States.

2. False Certificates Of Registration

Scammers may contact you and offer a certificate of trademark registration, requesting payment to protect the registration’s validity. 

Remember not to believe any fake “offices” trying to look like USPTO, such as “Trademark Certification Agency” or others.

3. Priority Registration Scam

You might receive a fraudulent message alleging that someone is about to register the same trademark as yours (often in another country), pressuring you to pay immediately to secure it.

4. Trademark Renewal Scam

Scammers may send you official-like files regarding your trademark registration, urging you to pay for trademark renewal long before the renewal period starts. 

They also often use false filing and registration dates to appear official and urgent.

How To Protect Yourself From Common Trademark Scams?

Take notes…

1. Be Careful If You Receive Any Suspicious Texts, Calls, Or Emails. 

If you notice someone reaching out to you with names that sound a lot like The United States Patent and Trademark Office but aren’t the official name, it’s best to just ignore those messages.

2. Keep Track Of The Important Deadlines And Status Of Your Trademark Application/Registration. 

It’s important to stay aware of potential scams out there. Sometimes, scammers will try to trick you into believing that your application isn’t officially registered, even though that might not be the case at all. 

To avoid any confusion, it’s best to keep an eye on the actual deadlines and documents related to your trademark. 

You can find this information in your USPTO.gov account or through official communications that you receive by mail or email from USPTO representatives or your trusted trademark attorney. 

Stay vigilant and protect your interests!

3. Contact The USPTO directly. 

If you’ve gotten a text, email, or phone call that seems off or suspicious, it’s a good idea to reach out to the USPTO directly. 

Speaking with a legitimate officer can help you verify any information regarding your trademark, and they can guide you on what steps to take next. 

This way, you can avoid the risk of paying any unnecessary or fake fees. Stay safe!

4. Be Aware Of Suspiciously Low-Cost Trademark Services. 

Scammers often try to impose their services on you and demonstrate their affordability. Their prices are often low compared to real lawyers, but often this ends up either with no one actually filing your application and you losing money, or scammers deliberately overcharging for governmental fees.

5. Contact Your Trademark Attorney. 

If you see some of the red flags described above or generally suspicious communication, it is best to consult with a trademark attorney.

Those who are aware of the process and stage your trademark is in will recognize untrustworthy correspondence or calls.

Identification And Prevention Of Common Trademark Scams Explained

A trademark attorney has issued an important warning regarding the prevalence of scams in the trademark application process. 

These scams can often catch unsuspecting individuals off guard, leading to potential financial loss or legal complications. 

It’s essential to stay vigilant and approach any unsolicited communication with caution.

To protect yourself, it’s advisable to conduct thorough due diligence on any individuals or organizations reaching out to you about your trademark. 

Research their backgrounds, read reviews, and confirm their legitimacy to ensure you’re not falling prey to deceptive practices.